A/HRC/4/30
page 13
1. The prohibition of discrimination
34.
The prohibition of discrimination requires Governments not to discriminate against
children in their access to food, nor to the means and entitlements for its procurement, on the
grounds of race, colour, sex, language, age, religion, political or other opinion, national or social
origin, property, birth or other status. Yet discrimination against children is still frequent
between rural and urban areas or within different communities in one country. Children living in
rural areas are twice as likely to suffer from malnutrition as those living in urban areas in almost
all developing countries.27 In South Asia, girls are more likely to be underweight than boys.28 In
India, Dalit children are discriminated against in multiple ways that affect their right to food.29
These disparities, whether they are the direct or indirect consequences of governmental policies
and practices, constitute violations of the prohibition of non-discrimination in the enjoyment of
children’s right to food.
2. The obligation to respect
35.
The obligation to respect the right to food requires that Governments refrain from taking
any action that would negatively affect children’s existing access to adequate food and water.
This includes avoiding taking measures to forcibly evict from their land and means of
livelihoods millions of families, including their children. States’ agents should also refrain from
destroying or encouraging the destruction of food crops, water supplies and health services, and
engaging in forced displacement of families and communities during armed conflicts, as this
takes a heavy toll on children. Privatization of public water systems very often leads to the
violation of the right to clean drinking water for the poorest segment of the population.
3. The obligation to protect
36.
The obligation to protect requires measures by the State to ensure that third parties,
including enterprises or individuals, do not deprive children of their access to adequate food.
One clear example of measures that Governments can take to protect the right to food of children
involves regulating marketing practices on breast milk substitutes. The International Code of
Marketing of Breastmilk Substitutes protects against inappropriate marketing strategies that try
to convince women that substitutes are better than breast milk. The International Code was
adopted as a “minimum requirement” for all countries under resolution 34.22 of the World
Health Assembly (WHA). Breastfeeding in the first six months of life is essential for stimulating
babies’ immune systems, and protecting them from diarrhoea and acute respiratory infections.
Substituting breast milk carries high risks of infection, especially when substitute milk has to be
mixed with contaminated water.
27
See note 24.
28
Idem.
29
Joel Lee, Sukhadeo Thorat, Dalits and the Right to Food: Discrimination and Exclusion in
Food related Government Programmes.
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