A/HRC/16/40
I.
Introduction
1.
While governments have pledged to fulfil the Millennium Development Goals,
notably to reduce extreme poverty and hunger, the bleak reality shows that an infamous
record was broken in 2009: 1 billion people were found to suffer from undernourishment.1
Many of the hungry are unable to realize their right to food because of underlying patterns
of discrimination: for example, article 139 of the Labour Code of Guatemala describes rural
women as “helpers” of the male agricultural workers rather than as workers entitled to
receive their own salary.2 Such de jure discrimination of rural women in Guatemala has a
significant impact on their capacity to feed themselves and their families. At the same time,
many children living in extreme poverty throughout sub-Saharan Africa, in parts of Asia
and Latin America are affected by noma, a disease that devours the face and is fatal in up to
90 per cent of cases. This dreadful disease, last encountered in Europe in Nazi
concentration camps, has malnutrition and poor sanitation as key risk factors. Children with
noma are victims of de facto discrimination in the context of the right to food.
2.
In its resolution 10/12, the Human Rights Council mandated the Advisory
Committee to undertake a study on discrimination in the context of the right to food,
including identification of good practices of anti-discriminatory policies and strategies.
3.
At its first session, the Advisory Committee established a drafting group on the right
to food, consisting of José Bengoa Cabello, Chinsung Chung, Latif Hüseynov, Jean Ziegler
and Mona Zulficar3 and mandated it to draft a study on discrimination in the context of the
right to food. The drafting group had several drafting meetings and prepared working
papers. The preliminary study on discrimination in the context of the right to food was
endorsed by the Committee at its fourth session and submitted to the Council for its
consideration (A/HRC/13/32).
4.
In its resolution 13/4, the Human Right Council welcomed the above-mentioned
preliminary study and requested the Office of the United Nations High Commissioner for
Human Rights (OHCHR) to collect the views and comments of all States, all relevant
United Nations special agencies and programmes and all other relevant stakeholders on the
good practices of anti-discriminatory policies and strategies set out in the preliminary study
so that the Advisory Committee could take them into account for the conclusion of the
study.
5.
The present study is the outcome of a thorough research process and consultations
among the members of the Advisory Committee and was endorsed by the Committee at its
sixth session, for submission to the Human Rights Council at its sixteenth session. The
study takes into consideration the comments and suggestions made by States, United
Nations special agencies, international organizations and other relevant stakeholders,
including national human rights institutions and non-governmental organizations.
1
2
3
Food and Agricultural Organization of the United Nations (FAO), “1.02 billion people hungry”,
Rome, 19 June 2009.
FIAN, “The right to adequate food of rural and indigenous women in Guatemala”, written submission
to the Committee on the Elimination of Discrimination against Women. See also
E/CN.4/2006/44/Add.1.
The members of the drafting group on the right to food thank Christophe Golay and Ioana Cismas
from the Geneva Academy of International Humanitarian Law and Human Rights for their important
contribution during the drafting of the present study.
3
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