A/HRC/13/32
kind as to race, colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. In article 14(2) of the Convention on the Elimination
of All Forms of Discrimination Against Women (CEDAW), States agreed to take measures
“to eliminate discrimination against women in rural areas in order to ensure, on a basis of
equality of men and women, that they participate in and benefit from rural development
and, in particular, shall ensure to such women the right: [...] to enjoy adequate living
conditions, particularly in relation to housing, sanitation, electricity and water supply,
transport and communications.”
8.
In its general comment No.20, on non-discrimination in economic, social and
cultural rights, the Committee on Economic, Social and Cultural Rights defined
discrimination as any distinction, exclusion, restriction or preference or other differential
treatment that is directly or indirectly based on the prohibited grounds of discrimination and
which has the intention or effect of nullifying or impairing the recognition, enjoyment or
exercise, on an equal footing, of Covenant rights (para. 7).
9.
The Committee insisted on the obligation for State parties to eliminate all
discrimination, both formally and substantively. For the Committee, eliminating formal
discrimination requires ensuring that a State’s constitution, laws and policy documents do
not discriminate on prohibited grounds; for example, laws should not deny equal social
security benefits to women on the basis of their marital status. In the context of the right to
food, it obliges States to revise their legislation, in particular laws dealing with access to
food, social assistance or productive resources, to ensure that they do not include any
discriminatory provision (see general comment No.12, para. 18).
10.
Merely addressing formal discrimination will not ensure substantive equality as
envisaged and defined by article 2(2). The effective enjoyment of Covenant rights is often
influenced by whether a person is a member of a group characterized by the prohibited
grounds of discrimination. Eliminating discrimination in practice requires paying sufficient
attention to groups of individuals who suffer historical or persistent prejudice instead of
merely comparing the formal treatment of individuals in similar situations. States parties
must therefore immediately take the necessary measures to prevent, diminish and eliminate
the conditions and attitudes that cause or perpetuate substantive or de facto discrimination;
for example, ensuring that all individuals have equal access to adequate food and to the
means of its procurement, including women and girl children and persons living in informal
settlements and rural areas.
11.
The present study on discrimination in the context of the right to food has three main
parts. The first part will present examples of discrimination in the context of the right to
food, including discrimination in terms of legislation, inequalities between regions and
discrimination against the most marginalized and vulnerable groups. The second part will
focus on anti-discriminatory policies and strategies, which are or could be pursued in order
to address discrimination. The last part addresses good practices that are currently being
implemented by States and other actors to address discrimination and inequalities.
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