A/HRC/28/65
means of providing an appropriate institutional structure to ensure the progressive
realization of the right to food. In some cases, however, even where States have taken the
necessary steps to develop framework laws and policies in order to promote the right to
food, a lack of political will has prevented implementation and enforcement of these laws. 32
B.
Lack of awareness and obstacles for rights holders
30.
A lack of awareness of legal rights and entitlements, as well as the State’s
obligations and duties to protect these rights, is a major barrier to achieving the enjoyment
of the full range of rights, including economic, social and cultural rights. General
knowledge and understanding of judicial and adjudicatory mechanisms as a means of
enforcing basic rights is severely lacking in many countries.
31.
Access to public information in relation to the adoption of new laws or amendments
to existing legislation is crucial for ensuring justiciability. States are obliged to ensure that
this information is made readily available and easily accessible for everyone without
discrimination. Particular effort should be made to disseminate information in a format that
is user-appropriate, taking into consideration the individual needs of persons with
disabilities, and those with low levels of literacy. Migrants and minority groups should not
be prevented from accessing information owing to linguistic barriers, and materials should
be adapted accordingly. Logistical and financial barriers should also be addressed by taking
into consideration the difficulties faced by those living in remote rural areas and those
living in poverty.
32.
Awareness of the right to food and the obligations pertaining thereto need to be
heightened amongst rights holders. It is essential that lawyers receive training to enable
them to argue effectively for the upholding of the right to adequate food and judges need to
acquire the knowledge to grasp and accept such arguments as appropriate. Effective access
to legal institutions facilitates the inclusion of marginalized people in the development
process, and provides citizens with a means to file actionable grievances against the
government for the failure to progressively meet economic, social and cultural rights.
33.
Women, in particular, face significant barriers to accessing justice given their
subordinate position in many societies, and the lack of information and knowledge about
their rights and the ways to claim their protection. Indeed, women in rural areas often are
unaware of their legal rights. In many rural areas, sociocultural norms make women fearful
of retribution or ostracism if they pursue land claims or seek protection from violence. As a
result, women tend to be denied access to justice more often than men, and are also more
likely to be denied justice altogether. 33
C.
Institutional and structural barriers
34.
In addition to a lack of awareness of their rights, victims of violations face
considerable institutional and structural barriers. For many, particularly for those living in
rural and remote areas and peri-urban settings, simply accessing a court is in itself a
significant challenge. In many countries, municipal courts do not exist and the legal
epicentre is located in the capital only, with logistical and monetary implications for those
who live beyond the city. In countries where municipal and subnational mechanisms are
32
33
10
Civil Society Synthesis Report, 10 Years, p. 31.
FAO submission to the Committee on the Elimination of Discrimination against Women, “Rural
Women and Access to Justice” (2013), p. 5.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents