A/HRC/16/40
II.
International legal framework on the right to food and nondiscrimination
6.
The right to adequate food is a human right that protects the right of all human
beings to live in dignity and be free from hunger. It is recognized under international
humanitarian law and human rights, including in the fourth Geneva Convention relative to
the Protection of Civilian Persons in Time of War (arts. 6 and 59), the Protocol Additional I
to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts (arts. 54 and 69), the Protocol Additional II to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of NonInternational Armed Conflicts (arts. 5.1 (b), 14 and 17.1), the Convention on the
Elimination of All Forms of Discrimination against Women (art. 12), the Convention on the
Rights of the Child (arts. 24 and 27) and the Convention on the Rights of Persons with
Disabilities (arts. 25 (f) and 28.1).
7.
Being protected by such a vast array of international documents not only confirms
the status of the right to food as unequivocally universal in times of peace as much as in
times of armed conflict, but also speaks to its interdependence with other civil, political,
economic, social and cultural rights. To state the obvious, the right to water and sanitation,
the right to health, the right to education and indeed the right to life are intimately bound to
the realization of the right to food (A/HRC/12/24).
8.
The international instrument most often cited as the main legal source of the right to
food is the International Covenant on Economic, Social and Cultural Rights (art. 11). The
Committee on Economic, Social and Cultural Rights, the treaty body monitoring
implementation by States of the Covenant, authoritatively defined in its general comment
No.12 (1999), that the right to adequate food is realized when every man, woman and child,
alone or in community with others, has physical and economic access at all times to
adequate food or means for its procurement (para 6). Food should be available in a quantity
and quality sufficient to satisfy the dietary needs of individuals, free from adverse
substances, and acceptable within a given culture (paras. 8, 12). In connection to both
economic and physical accessibility, the Committee highlighted the importance of giving
particular attention to vulnerable groups (para. 13), an approach embraced by States in the
Rome Declaration on World Food Security and the World Summit Plan of Action, of
November 1996, and renewed in the five Rome Principles for Sustainable Global Food
Security. Under international law, Governments are bound to respect, protect and fulfil the
right to food. As part of their obligations to protect people’s resource base for food, States
must ensure that activities of the private business sector and civil society organizations are
in conformity with the right to food (para. 27).
9.
In elaborating the obligations relating to the right to food, the Committee on
Economic, Social and Cultural Rights draws on one of the cardinal principles of
international law, the prohibition of discrimination. Stipulated in the Charter of the United
Nations, the principle of non-discrimination was set out in 1945 to govern the post-secondworld-war world.4 The all-encompassing stipulation “without any discrimination” of the
Universal Declaration of Human Rights is strongly echoed in virtually all human rights
instruments at the international and regional levels. The non-discrimination principle has
been enshrined in identical provisions in the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and Cultural Rights. According
to article 2, paragraph 2 of the latter Covenant, each State party is obliged to guarantee that
4
4
Manfred Nowak, UN Covenant on Civil and Political Rights: CCCP Commentary, 2nd ed.
(Strasbourg, NP Engel, 2005), p. 599.
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