A/HRC/28/65
sectoral legislation will ensure that States adequately address various sectors that impact
significantly on various dimensions of food security.
16.
Over the last few years, there has been an important increase in the number of States
that have adopted provisions containing explicit recognition of the right to food or freedom
from hunger.13 The following section will provide an overview of some recent examples of
case law in relation to the justiciability of the right to food at the domestic and regional
level.
A.
Latin America
17.
Latin America has shown itself to be the region of the world that has made the most
progress in terms of developing legal frameworks that promote the right to food. With more
than eight countries possessing specific laws aimed at promoting and protecting the right to
food and a number of bills pending in National Assemblies for consideration, 14 the right to
adequate food is also referred to or explicitly recognized in several constitutions, including
those of Brazil, Colombia, Cuba, Ecuador, Guatemala, Haiti, Nicaragua and Paraguay. 15 In
some cases, the constitutional provisions refer directly to the right to food, and its
applicability to the whole population.16 In other cases, the right is directed at specific
groups,17 while State signatories of the Covenant provide that it be applied directly through
the constitution. The following cases are examples of where the right to food has been used
as a legal argument to protect social rights.
18.
In a 2013 decision,18 the Constitutional Chamber of the Supreme Court of
El Salvador admitted a habeas corpus writ petition against the penitentiary administration in
relation to a claimant in detention suffering from diabetes and hypertension. The applicant
argued that the failure to provide him with adequate food and an appropriate diet violated
his right to health and physical integrity. While the detainee’s petition was rejected on the
grounds that medical evidence did not support the claim, the case demonstrates the
willingness of the court to consider the protection of economic, Social and cultural rights
under habeas corpus procedures. The judgment handed down in this case is significant on
two counts: firstly, it demonstrates that all human rights are interconnected and indivisible;
and, secondly, even though medical evidence was insufficient, the court makes the
connection between those suffering from diabetes and their need for adequate and healthy
food, which creates an important precedent for future cases.
19.
Judicial protection of land as a source of livelihood can be seen in judgments by the
Constitutional Court of Colombia. One such significant case involves the community of
Las Pavas, whose members occupied unused land in 1997 and began farming activities to
feed themselves. Over the years, the community had been repeatedly subjected to various
forms of intimidation and harassment, including attacks by paramilitary groups and the
destruction of crops and food. A formal eviction order was issued in 2009 at the request of
13
14
15
16
17
18
6
For a full list, see FAO, Legal developments in the progressive realization of the right to food (2014),
http://www.fao.org/3/a-i3892e.pdf, or refer to FAOLEX, an online database of national legislation
related to food and agriculture (available from http://faolex.fao.org).
Ibid.
Ibid.
Brazil, Ecuador, Guatemala, Guyana, Haiti, Nicaragua, Panama and Suriname.
Bolivia (Plurinational State of), Brazil, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador,
Guatemala, Honduras, Panama, Paraguay, Peru and Uruguay.
José Alberto Preza Hernández v. Director General de Centros Penales y la Directora de la
Penitenciaría Central “La Esperanza”, Constitutional Chamber of the Supreme Court of El Salvador,
decision HC 12-2012 (2012).
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