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THE HUMAN RIGHT TO ADEQUATE FOOD

George KentUniversity of Hawai’i

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THE PROBLEM

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MALNUTRITIONMALNUTRITION200 million malnourished children

1 billion adults seriously underweight

Maternal anemia…>80% in some countries

Infections, cancer, heart disease, obesity…

Of the millions of children’s deaths each year, more than half are associated with malnutrition

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YEAR CHILD DEATHS

1960 18,900,000

1970 17,400,000

1980 14,700,000

1990 12,700,000

1991 12,821,000

1992 13,191,000

1993 13,272,000

1994 12,588,000

1995 12,465,000

1996 11,694,000

1997 11,574,000

1998 11,140,000

1999 10,630,000

MORTALITY RISK FACTORS, 1990

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THE ANALYSIS

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Why is there so much hunger?

Technology?Not enough land?Not enough food?People don’t know how to produce food?Poverty?

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FOOD TRADE: 2000

Japan imported $46 billion worth of food.

The U.S. imported $80 billion worth of food.

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The poor feed the rich!

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ECOLOGICAL FOOTPRINTSEach Japanese and each U.S. citizen is estimated to consume production of 10 acres outside their countries, placing a higher demand on global resources than any other individuals.*

*Earth Day Network http://www.earthday.net/goals/footprintnations.stm

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WHY DO PEOPLE PRODUCE FOOD?

Subsistence food producers produce mainly to feed themselves. Commercial food systems respond mainly to power, not need. Farmers and other food producers work mainly for income, not because they are concerned about other people’s health and well-being.

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AVAILABILITY VS. ACCESSAvailability -- is there food around?

Access -- can you get enough of it?

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FAILURE OF ENTITLEMENTS“What we can eat depends on what food we are able to acquire . . . . If a group of people fail to establish their entitlement over an adequate amount of food, they have to go hungry (Drèze and Sen, 1989)

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There is ALWAYS enough food for those who have money!

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People usually get food either by producing it, or by earning money to buy food. If they cannot produce it or buy it, they have no basis for making a claim on it.

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Lack of entitlement Food may be available in the community, in

the stores, but poor people do not have access to it. They are not entitled to it.

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BASES FOR ENTITLEMENTOwn production

Exchange

Gift

Human rights?

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THE RESPONSE

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WHAT SHOULD BE DONE ABOUT HUNGER?

Provide people with land? Whose?

Job training? For what jobs?

Feed the hungry? For how long? Who will pay?

Who has what responsibilities with regard to hunger?

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TRADITIONAL REMEDIESNational Nutrition and Holistic Care Program, Costa RicaTamil Nadu Integrated Nutrition Project, IndiaSpecial Supplemental Nutrition Program for Women, Infants and Children (WIC), U.S.Joint WHO/UNICEF Nutrition Support Program, TanzaniaAlternative School Nutrition Program, Philippines

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THE HUMAN RIGHTS APPROACH

Every individual should have adequate food.

Every individual has a right to adequate food.

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HUMAN RIGHTS DEFINITIONHUMAN RIGHTS DEFINITION

A human right is a claim that the government must do or desist from doing specific things to further human dignity.

Human rights are universal, enjoyed by all persons by virtue of their being human.

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MAJOR HUMAN RIGHTS DOCUMENTS

Charter of the United Nations, 1945Universal Declaration of Human Rights, 1948International Covenant on Civil and Political Rights, 1966/1976International Covenant on Economic, Social and Cultural Rights, 1966/1976Convention on the Rights of the Child, 1989/1990

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RIGHTS SYSTEMS

A. Rights-holders and their rights

B. Duty-bearers and their obligations

C. Agents of accountability and their procedures for assuring that duty bearers meet their obligations to the rights holders

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THE HUMAN RIGHT TO ADEQUATE FOOD

Not just a nice idea!

It is in the law!

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FOOD RIGHTS IN FOOD RIGHTS IN INTERNATIONAL LAWINTERNATIONAL LAW

Universal Declaration of Human Rights (1948):

“…everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food …

(Article 25)”

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INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS (1976)

The States Parties recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing, and housing (Article 11).

Recognizes “…the fundamental right of everyone to be free from hunger . . . ”

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CONVENTION ON THE RIGHTS OF THE CHILD (1990)

States Parties “…recognize the right of the child to the enjoyment of the highest attainable standard of health …”

“…shall take appropriate measures to combat disease and malnutrition . . . through provision of adequate nutritious foods… (Article 24)”

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GENERAL COMMENT 12: DEFINITION

“The right to adequate food is realized when every man, woman and child, alone or in community with others, has physical and economic access at all times to adequate food or means for its procurement. “

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LEVELS OF GOVERNMENT OBLIGATION

Respect - government must not interfere with access to adequate foodProtect - government must prevent others from interferingFulfill (facilitate) - must establish enabling conditions so people can provide for themselvesFulfill (provide) - government must feed directly

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The Obligation to Facilitate

“The obligation to fulfil (facilitate) means the State must pro-actively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security.” (General Comment 12)

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Facilitating means helping people help themselves.

Governments must ensure that there are enabling conditions so that people can provide for themselves, either by producing food directly, or by earning income and then purchasing their food.

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SPECIAL TOPICSNutrition Rights in Specific PlacesNutrition Rights in Specific Programs (e.g., TINP, WIC)Nutrition Rights of RefugeesNutrition Rights in Complex EmergenciesNutrition Rights of InfantsNutrition Rights of PrisonersHuman Right to WaterMicronutrients (e.g., iodine, iron, Vitamin A) HIV/AIDS (Eugene, Camden court cases)Rights-based agency programmingIndia’s Grain Storage CaseNational Framework Legislation

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THANK YOU!