A/HRC/4/30
page 25
(f)
States should refrain from deporting people who have fled from their own
countries as a result of hunger and violations of the right to food. States should institute
legal protection for people forced to flee for reasons related to severe violations of economic
and social rights into account, including violations of the right to food, either by revising
existing international instruments on refugee protection, or through the adoption of new
instruments;
(g)
All Governments have a responsibility to respect the right to food.
Article 11 of the International Covenant on Economic, Social and Cultural Rights and
general comment No. 12 of the Committee on Economic, Social and Cultural Rights create
the extraterritorial obligation of all Member States to respect the right to food of all human
beings, regardless of their citizenship. This responsibility must include the principle of
non-refoulement for people whose lives will be at risk if they are deported. Governments
should not expel, return or extradite a person to another State where there are substantial
grounds for believing that he/she would be in danger of suffering from hunger, chronic
undernutrition or violations of the right to food. Governments should recognize that
refugees from hunger have the right to seek asylum and the right to temporary refuge
during famine.
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