Legal developments and progressive realization of the right to adequate food

Vidar, M.;  Kim, Y. J.;  Cruz, L.

Legal developments and progressive realization of the right to adequate food

Right to Food Thematic Study 3

Year of publication 2014

Place of publication Rome, Italy ;

Pages 24 p.

Author Vidar, M.; Kim, Y. J.; Cruz, L.

Publisher FAO ;

Product type Book (series)

Series number Thematic Study 3

Edition 1

Full item page

Synopsis (short abstract) 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.

Language English

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