A/HRC/19/73
and sanitation, health services, and care and feeding practices, as well as key
underlying factors such as poverty, inequity and discrimination against women
(including low levels of education among girls)”.44
25.
The International Covenant on Economic, Social and Cultural Rights enshrines the
principle of international assistance and cooperation giving rise to extraterritorial
obligations for State parties.45 The legal character of these obligations has been recognized
by the International Court of Justice in its advisory opinion on the Legal Consequences of
the Construction of a Wall in the Occupied Palestinian Territory and the Committee on
Economic, Social and Cultural Rights in its general comment No. 3 on the nature of States
parties‟ obligations (para. 13).46 Article 11, paragraph 2, of the Covenant is of particular
relevance for the current study since it stipulates that State Parties “shall take, individually
and through international co-operation, the measures, including specific programmes”, in
order for everyone, thus including children, to be free from hunger. A similar stipulation on
international cooperation is present in the Convention on the Rights of the Child in relation
to the right of the child to health (art. 24, para. 4).
26.
Articles 22 and 23 of the Covenant have been considered by the Committee to serve
as a framework for the activities of international organizations and United Nations
specialized agencies.47 A renewed commitment has been sought from international
organizations to respect economic, social and cultural rights while designing and
implementing their policies and programmes and to assist States in fulfilling their human
rights obligations.48
27.
An analysis by Médecins Sans Frontières (MSF) has, however, revealed that the aid
dedicated by States, international and regional organizations and private actors to nutrition
over the period 2004–2007 has stagnated at 350 million USD, the same level since 2000–
2004. Taking a World Bank costing exercise 49 as a starting point, MSF argues that spending
dedicated to nutrition must increase considerably and be specifically earmarked if
malnutrition is to be overcome.50 Moreover, MSF argues that the money is not being spent
on “the right things” or in the most efficient way.51 For example, it emphasizes that if the
United States of America were to renounce their current practice of in-kind food aid –
consisting of shipping food produced in their country to the target country – and to adopt a
policy of purchasing food locally, about 600 million USD could be freed up. 52 The
importance of acquiring locally produced food inter alia in the context of the fight against
44
45
46
47
48
49
50
51
52
10
UNICEF, Progress for Children, p. 16.
See S.I. Skogly, Beyond National Borders: States’ Human Rights Obligations in International
Cooperation (Antwerp, Intersentia, 2006); F. Coomans, “The Extraterritorial Scope of the
International Covenant on Economic, Social and Cultural Rights in the Work of the United Nations
Committee on Economic, Social and Cultural Rights”, Human Rights Law Review, vol. 11, No. 1, 29
January 2011, pp. 1–35.
Advisory Opinion, I.C.J. Reports 2004, p. 136, paras. 130–134; C. Golay, The Right to Food and
Access to Justice: Examples at the National, Regional and International Levels (FAO, 2009), pp. 3536.
F. Coomans, “The Extraterritorial Scope”, p. 18.
Ibid.
See S. Horton et al., Scaling Up Nutrition: What Will it Costs? (World Bank, Washington D.C.,
2010).
MSF, Malnutrition: How Much is Being Spent? An Analysis of Nutrition Funding Flows: 2004-2007
(Geneva, 2009). See also The Lancet, Maternal and Child Undernutrition Series, January 2008.
Ibid.
Ibid.
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