A/HRC/22/72
10.
The right to food requires that women have physical and economic access at all
times to adequate food or means for its procurement. 5 All resources to ensure food,
including water, firewood, or livestock, need to be physically accessible for rural women.
They also need to dispose of economic accessibility, individually and at household level.
This means that rural women need to have the means for the acquisition of food through
purchase, inheritance, production or work. Thus, they should be able to have access to
income-generating sources, such as employment that ensure decent wages for decent living,
credit or loans, property and inheritance rights; access to production services, such as land,
tools, technology, seeds, or production certificates; and access to produced goods and their
markets.
11.
Specific State obligations in relation to the right to food exist at three levels. First,
the obligation to respect requires States not to take actions that would impair the access to
food of women, either by “arbitrarily taking away people’s right to food or by making it
difficult for them to gain access to food”. 6 All exclusions or restrictions based on gender
suffered by rural women in their access to resources for ensuring their right to food
constitute violations of this obligation. Second, the obligation to protect requires State
actions that prevent private actors from depriving women of their access to food. 7 By
allowing practices within families that prevent rural women from accessing resources,
States are failing to protect their right to food. Third, the obligation to fulfil has two
dimensions. The obligation to facilitate means that States have to take positive actions to
strengthen women’s access to and utilization of resources and to other means of ensuring
their livelihood.8 The absence of legislation ensuring property and inheritance rights for
women and the lack of services such as employment or credit underlines the failure of
States to comply with their obligation to facilitate. In situations where women are unable to
realize their right to food for reasons beyond their control, States are under the obligation to
provide food directly.9
12.
A second key instrument for the legal protection of the right to food of rural women
is the Convention on the Elimination of All Forms of Discrimination against Women
(CEDAW). Article 14 emphasizes the prohibition of discrimination against women in rural
areas and the equal enjoyment by women and men alike of the right to participate and
benefit from rural development. It contains a list of specific rights upon which the
livelihood of rural women is strongly dependent and that shall be ensured by States:
(a)
To participate in the elaboration and implementation of development
planning at all levels;
(b)
To have access to adequate health care facilities, including information,
counselling and services in family planning;
(c)
To benefit directly from social security programmes;
(d)
To obtain all types of training and education, formal and non-formal,
including that relating to functional literacy, as well as, inter alia, the benefit of all
community and extension services, in order to increase their technical proficiency;
(e)
To organize self-help groups and co-operatives in order to obtain equal
access to economic opportunities through employment or self employment;
5
6
7
8
9
Ibid., para 7.
J. Ziegler, C. Golay, C. Mahon, S.A. Way, The Fight for the Right to Food. Lessons Learned, Palgrave Macmillan,
2011, p. 19.
CESCR, general comment No. 12, para 15.
Ibid.
Ibid.
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