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Legislate for the Right to Food

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    Book (series)
    Legal developments and progressive realization of the right to adequate food
    Right to Food Thematic Study 3
    2014
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    Legal developments in the progressive realization of the right to adequate food thematic study explores the significant legal advances of the right to food since the adoption of the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) in 2004. While not legally binding as such, the Right to Food Guidelines, particularly Guideline 7, provide guidance on strengthening legal frameworks for the p rogressive realization of the right to food. The study examines the explicit and implicit recognition of the right to food in national constitutions. While these are highly significant and can provide grounds for litigation, constitutional provisions alone do not provide precise instructions on the different issues that are relevant to the right to food. Adoption of framework laws or specific food security legislation can establish an institutional structure and develop further what action shou ld be taken and how decision-making processes are organized. Sectoral legislation is also necessary to regulate public and private actors in the different fields, as illustrated in the study. With the overview of the various developments at the legislative level, the study proceeds to examine judicial developments related to the right to food. Through the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights the right has become justiciable at the international level and as a matter of international law. There have also been notable jurisprudential developments on the right to food in recent years. The study cites court cases from a number of different countries with different legal systems, as well as cases from regional human rights instances. The cases cited illustrate how the right to food has been interpreted and how it can be enforced.
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    Document
    Voluntary Guidelines, the Human Right to Food 2007
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    Every human being has the right to adequate food and the fundamental right to be free from hunger, according to international human rights law. This is called “the Right to Food” for short. The Right to Food Guidelines, adopted by FAO Council in November 2004, are addressed to all States, whether or not they have ratified relevant human rights treaties. The Guidelines do not create new legal obligations, but are a practical tool for States that want to implement the right to food. The obligatory nature of the right to food is derived from international law and national constitutions and legislation, not from the Guidelines themselves. This flyer provides a brief overview of what the right to food is, why the right to food should be implemented, how the right to food adds to food security, explains what the “Voluntary Guidelines on The Right to Food” are as well as provides references to additional reading.
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    Document
    Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal 2014
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    The Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal discusses overarching aspects of Nepalese law and jurisprudence dealing with the human right to food. Following a brief discussion of the international legal protection of the right to food in Nepal, the review, in particular provides a critical assessment of constitutional as well as legislative provisions and offers a thorough analysis of Supreme Court jurisprudence pertaining to the right to food. In addition to judicial remedy, the review also covers non-judicial means of remedy against the violation of food rights. This review comes at an opportune moment in the sense that Nepal's constitution-making process is yet to be completed and there are also a number of ongoing legislative and policy initiatives towards protection and promotion of the right to food. This review provides detailed knowledge to concerned stakeholders on normative and implementation gaps in relation to the right to adequate food. With the view of assisting Nepal in this process, the review also offers a set of concrete recommendations, touching upon a wide range of aspects of the human right to adequate food. This work was undertaken under the global project entitled "Integrating the Right to Adequate Food and Good Governance in National Policies, Legislation and Institutions” (GCP/GLO/324/NOR Right to Food at Country Level) run by the Right to Food Team of the FAO. The project aims to address c ountry challenges by promoting human rights-based approach in efforts to achieve food security at all levels, in legislation, policy and programme design and formulation, decision and implementation. By producing this analysis, FAO aims to assist the Government of Nepal, the Constituent Assembly, the Judiciary, the National Human Rights Institutions, and civil society organizations in their initiatives towards advancing the human right to adequate food.

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