A/HRC/28/65
available, a lack of affordable and dedicated legal assistance and judicial corruption often
hinders access. In cases where rights holders have the means to submit a case, often
ordinary courts, which are more accessible for families facing food security,34 are unaware
of the issue — with the right to food not considered as related to other citizen’s rights.
Complex and inflexible court systems also have a significant impact on victims, often
requiring a high burden of proof for applicants. Some courts may also be averse to
accepting collective, or public interest mechanisms or innovative fact-gathering or remedial
procedures. In such cases, victims are dissuaded from submitting claims. Some countries,
however, have tackled the problem by establishing public interest litigation procedures that
authorize individual and collective claims.35
35.
The role played by judges also has a significant impact on the judicial interpretation
of economic, social and cultural rights. In many countries, it is often the case that judges
based outside of urban area have little knowledge of human rights law, and are therefore
less inclined to consider international standards when making a judgement. The reliance of
the judiciary on the State for its legitimacy and the appointment of judges also has
considerable influence over the decision-making process, with historical relations between
the State and the judiciary often coming into play.
36.
Ensuring justiciability of the right to food is also hindered by the fact that individual
cases often end up stagnating within the court system amidst protracted, costly and
bureaucratic proceedings, while in some instances collective cases influenced by politically
motivated activities take precedence and serve as sensationalist media fodder. As a result,
many cases have been neglected with no follow-up.
37.
Quasi-judicial bodies, such as ombudspersons, have the potential to consider cases
of human rights violations. However, more often than not, they tend to focus solely on civil
and political rights, with few having taken the necessary steps to introduce complaint
mechanisms for economic, social and cultural rights. A general lack of awareness by
affected populations that such a mechanism for filing a grievance exists has also done little
to encourage applications. However there are some examples of progress in this regard,
such as the Ombudsman’s Office in Ecuador that took the initiative and established a unit
for economic, social and cultural rights, while the Procuradoria for Human Rights in
Guatemala has been submitting reports on the right to food since 2007, in line with its Food
and Nutrition Security Law of 2005.
V.
Extraterritorial obligations
A.
Economic globalization and right to food
38.
The universality of human rights has been the underlying inspiration for all human
rights law and standards. While much emphasis has been placed on achieving the universal
acceptance of the content of rights, less attention has been given to attaining universality as
to the content of obligations.36 Economic globalization and the increasing involvement of
corporate entities in State affairs have challenged the traditional understanding of
territoriality of human rights. The powerful influence of transnational corporations
34
35
36
Vivero Pol, “Hunger for Justice in Latin America”, p. 20.
Ibid.
Sigrun I. Skogly, “Right to adequate food: national implementation and extraterritorial obligations”,
in Max Plank Yearbook of United Nations Law, vol. 11 (2007), p. 341.
11
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