A/HRC/13/32
I.
Introduction
1.
In its resolution 10/12, the Human Rights Council requested 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, and
to report on it to the thirteenth session of the Council.
2.
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 Zulficar. Two preliminary background papers entitled “The tragedy of Noma”
(A/HRC/AC/3/CRP.3) and “Peasant farmers and the right to food: a history of
discrimination and exploitation” (A/HRC/AC/3/CRP.5) were presented during the third
session of the Committee. Taking into account the discussion during the Committee’s
session, the drafting group decided upon a conceptual framework of the study, which was
presented in the plenary. In its recommendation 3/4, the Advisory Committee assigned the
preparation of the study to the drafting group and requested that a preliminary report be
presented to the Committee at its fourth session. The present study on discrimination in the
context of the right to food is the outcome of that process.
3.
In this introduction, it is necessary to present the international legal framework
concerning the right to food and non-discrimination.
4.
The right to food is a human right that protects the right of all human beings to live
in dignity, free from hunger. It is protected under international humanitarian law and human
rights, including in the ICESCR (art. 11), the Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW) (art. 12) and the Convention on the Rights of
the Child (CRC) (arts. 24 and 27). As defined by the Committee on Economic, Social and
Cultural Rights in its general comment No.12 (1999), 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. Inspired by this
definition, the right to food has been defined as:
the right to have regular, permanent and unrestricted access, either directly or by
means of financial purchases, to quantitatively and qualitatively adequate and
sufficient food corresponding to the cultural traditions of the people to which the
consumer belongs, and which ensures a physical and mental, individual and
collective, fulfilling and dignified life free of fear (A/HRC/7/5, par. 17).
5.
The right to food is, above all, the right to be able to feed oneself in dignity. It
includes the rights of vulnerable and discriminated groups to have access to land, smallscale irrigation and seeds, credit, technology and local and regional markets in rural areas,
to traditional fishing areas, to a sufficient income and to social security and social
assistance to enable a person to live in dignity.
6.
Under international law, Governments are bound to respect, protect and fulfil the
right to food. These three levels of obligations were defined by the Committee on
Economic, Social and Cultural Rights in its general comment No.12, and endorsed by
consensus by the States, when the Council of the Food and Agriculture Organization of the
United Nations (FAO) adopted the Right to Food Guidelines in November 2004.
7.
The principle of non-discrimination is a cardinal principle of international law. It 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
the rights enunciated in the present Covenant are exercised without discrimination of any
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