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Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal









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    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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    Book (series)
    Responsible Governance of Land Tenure: an essential factor for the realization of the Right to Food
    Land Tenure Working Paper
    2010
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    Land Tenure Working Paper 15. This publication brings to light the existing linkages between land tenure and the realization of the right to food. It points out that responsible governance of land requires the adoption of human rights-based approach in order to develop coherent and long term solutions to improve people’s livelihoods. The document presents the legal implications of the right to food at national level and provides a series of examples on the implementation of human rights principl es and obligations into land tenure systems, policies, and institutional frameworks. Presented as a background document for the Latin America Regional Consultation Meeting for the elaboration of the Voluntary Guidelines on Responsible Governance on Tenure of Land and Natural Resources, it aims to encourage discussion and further analysis on the issues presented.
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    Book (stand-alone)
    Monitoring Framework for Implementation of the Human Right to Adequate Food in Nepal 2017
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    The publication presents the way to undertake a contextual interpretation of the international normative standards on the Human Right to Adequate Food in Nepal, including how relevant provisions under the domestic law could be integrated in a framework for identifying indicators. Although the normative approach to the RtAF is well established in the international human rights narrative, and a framework to operationalize it is also available at international level, it is necessary for that framew ork to be contextualised in order to effectively address specific needs of different countries. In Nepal, the right to food enjoys a broad political and legal endorsement, and its normative implications go well beyond the international norms. These achievements called for the development of a context-appropriate framework for monitoring this human right in the country. The publication is divided into three chapters: chapter 1 provides a brief overview of the context and objectives for developin g the monitoring framework; chapter 2 uses available tools and methodologies developed at the international level to inform the contextualisation of right to food indicators for use in Nepal; finally, chapter 3 outlines how right to food indicators and monitoring framework can be operationalized at various levels, from national to local level. The publication discusses data generating mechanisms, highlights the role of different actors and institutions working in the field of the right to food, and provides guidance on the use of the framework. The annexes provide technical and supportive information to facilitate the application of identified indicators and the overall monitoring framework. Targeted users of this document are government, public agencies, civil society, researchers, academics and international organizations working towards the progressive realizations of the right to food in Nepal.

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