A/HRC/4/30 page 13 1. The prohibition of discrimination 34. The prohibition of discrimination requires Governments not to discriminate against children in their access to food, nor to the means and entitlements for its procurement, on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or other status. Yet discrimination against children is still frequent between rural and urban areas or within different communities in one country. Children living in rural areas are twice as likely to suffer from malnutrition as those living in urban areas in almost all developing countries.27 In South Asia, girls are more likely to be underweight than boys.28 In India, Dalit children are discriminated against in multiple ways that affect their right to food.29 These disparities, whether they are the direct or indirect consequences of governmental policies and practices, constitute violations of the prohibition of non-discrimination in the enjoyment of children’s right to food. 2. The obligation to respect 35. The obligation to respect the right to food requires that Governments refrain from taking any action that would negatively affect children’s existing access to adequate food and water. This includes avoiding taking measures to forcibly evict from their land and means of livelihoods millions of families, including their children. States’ agents should also refrain from destroying or encouraging the destruction of food crops, water supplies and health services, and engaging in forced displacement of families and communities during armed conflicts, as this takes a heavy toll on children. Privatization of public water systems very often leads to the violation of the right to clean drinking water for the poorest segment of the population. 3. The obligation to protect 36. The obligation to protect requires measures by the State to ensure that third parties, including enterprises or individuals, do not deprive children of their access to adequate food. One clear example of measures that Governments can take to protect the right to food of children involves regulating marketing practices on breast milk substitutes. The International Code of Marketing of Breastmilk Substitutes protects against inappropriate marketing strategies that try to convince women that substitutes are better than breast milk. The International Code was adopted as a “minimum requirement” for all countries under resolution 34.22 of the World Health Assembly (WHA). Breastfeeding in the first six months of life is essential for stimulating babies’ immune systems, and protecting them from diarrhoea and acute respiratory infections. Substituting breast milk carries high risks of infection, especially when substitute milk has to be mixed with contaminated water. 27 See note 24. 28 Idem. 29 Joel Lee, Sukhadeo Thorat, Dalits and the Right to Food: Discrimination and Exclusion in Food related Government Programmes.

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