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intellectual development in young children.23 Undernutrition is also closely linked to diarrhoea
and other water-borne diseases.24 Unsafe water and a lack of basic sanitation and hygiene
every year kill more than 1.5 million children.25 Around the world approximately 125 million
children under 5 years of age have no access to an improved drinking water source, and
around 280 million children under 5 have no access to improved sanitation facilities.
B. Children’s right to food under international law
31.
The Universal Declaration of Human Rights protects the right of every human being “to a
standard of living adequate for the health and well-being of himself and his family, including
food, clothing, housing and medical care and necessary social services” (art. 25). The
International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right
of everyone to an adequate standard of living “including adequate food” and the fundamental
right of everyone to be free from hunger (art. 11).
32.
Although all international human rights instruments apply both to children and adults, it
is the Convention on the Rights of the Child (CRC) which is the main international human rights
treaty specifically aimed to protect and promote children’s rights, including children’s right to
food. Article 27 recognizes the right of every child to a standard of living adequate for the
child’s physical, mental, spiritual, moral and social development. Article 24 provides that States
parties should take appropriate measures to combat disease and malnutrition, through, inter alia,
the application of readily available technology and through the provision of adequate nutritious
foods and clean drinking water, taking into consideration the dangers and risks of environmental
pollution. Article 6 states that “1. States Parties recognize that every child has the inherent right
to life; 2. States Parties shall ensure to the maximum extent possible the survival and
development of the child”. International humanitarian law also provides for a series of measures
to protect the specific needs of children during armed conflicts.26
33.
The Special Rapporteur believes that children’s right to food can be understood within
the framework laid out by the Committee on Economic, Social and Cultural Rights that requires
States to respect, protect and fulfil the right to food of all members of their population, without
discrimination. This implies that the right to food is not only a positive right, it is also a negative
right that aims to prevent discrimination and violations of children’s existing access to adequate
food.
23
Ibid.
24
UNICEF, “Progress for children: A report card on water and sanitation”, September 2006.
25
Ibid.
26
Articles 23, 50, 89 of the Fourth Geneva Convention (1949) and article 70 of the Optional
Protocol I (1977).
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