A/HRC/28/65 I. Introduction 1. In her first annual report submitted to the Human Rights Council in accordance with resolution 22/9, the Special Rapporteur on the right to food explores the obstacles faced by those wishing to seek remedy for violations related to the right to food by analysing the current international legal framework, and identifying examples of good practice as a means of encouraging States to develop judicial remedies in accordance with the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The report will also examine the question of extraterritorial implementation in relation to the justiciability of the right to food. This report will build on the work of the Special Rapporteur’s predecessors in this area. 1 II. International legal framework A. Overview 2. The right to food was first recognized in article 25 of the Universal Declaration of Human Rights. Since then it has been recognized in a number of international instruments, with the International Covenant on Economic, Social and Cultural Rights (hereinafter “the Covenant”) representing the most significant treaty on the right to food. The Covenant (to date ratified by 162 States) has been vital in shaping and developing the normative framework on the right to food. The treaty defines the right to food as a distinct and fundamental right to be free from hunger and to have sustainable access to food (art. 11). It outlines specific obligations for all States parties to take measures to progressively attain the full realization of the right to food. 3. In the wake of the momentum generated by the 1996 World Food Summit,2 which highlighted the need to further “clarify the content of the right to adequate food and the fundamental right of everyone to be free from hunger”,3 the Committee on Economic, Social and Cultural Rights in 1999 adopted general comment No. 12 on the right to adequate food (hereinafter, “general comment No. 12”) which clarifies the implications of three levels of State obligation, including the obligation to respect, protect and fulfil (paras. 14 and 15). 4. In addition to legally binding treaties, the right to food has also been enunciated in various international standards, the most significant of which are the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security (Right to Food Guidelines). The Right to Food Guidelines were developed as a practical tool for States to assist them in implementing their obligations at the domestic level under article 11 of the Covenant. The year 2014 marked the tenth anniversary of the guidelines and provided an opportunity to evaluate the impact thereof on national implementation. The present report will highlight some examples of good practice in that regard. 5. While some critics suggest that the voluntary nature of the Right to Food Guidelines limits their usefulness, they were adopted by member States of the Food and Agriculture 1 2 3 See references in the reports of the former Special Rapporteurs, Jean Ziegler (E/CN.4/2002/58) and Olivier De Schutter (A/68/288). See Rome Declaration on World Food Security. 1996 World Food Summit Plan of Action, objective 7.4. 3