This section provides an overview of the status of the
right to food
The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual ...
at a national level.
Right to food in the world
Country by country
Argentina
Argentina has included the topic of
food sovereignty
Food sovereignty is a food system in which the people who produce, distribute, and consume food also control the mechanisms and policies of food production and distribution. This stands in contrast to the present corporate food regime, in which ...
in framework law, though its status is sometimes controversial: Law 25.724 on the National Programme for Food and Nutrition Security, 2003.
Bangladesh
The right to food is enshrined in the constitution, Article 15 (Provision of basic necessities):
"It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement of the material and cultural standard of living of the people, with a view to securing to its citizens... the provision of the basic necessities of life, including food, clothing, shelter..."
In 2004, the Special Rapporteur leads a country mission to
Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
.
Benin
In 2010, the Special Rapporteur leads a country mission to
Benin
Benin ( , ; french: Bénin , ff, Benen), officially the Republic of Benin (french: République du Bénin), and formerly Dahomey, is a country in West Africa. It is bordered by Togo to the west, Nigeria to the east, Burkina Faso to the north ...
.
Bolivia
Bolivia
, image_flag = Bandera de Bolivia (Estado).svg
, flag_alt = Horizontal tricolor (red, yellow, and green from top to bottom) with the coat of arms of Bolivia in the center
, flag_alt2 = 7 × 7 square p ...
has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Supreme Decree No 28667 of 5 April 2006; Food Law for Workers, 2004.
In 2007, the Special Rapporteur leads a country mission to Bolivia.
Brazil
The right to food is enshrined in the constitution, Article 227 (Right to food for children and teenagers):
"It is the duty of the family, of society, and of the State to ensure children and adolescents, with absolute priority, the right to life, health, food, education, leisure, professional training, culture, dignity, respect, freedom, and family and community life, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty, and oppression."
In 2003, the
Fome Zero
Fome Zero (, ''Zero Hunger'') is a program of the Government of Brazil introduced by President Luiz Inácio Lula da Silva in 2003, with the goal to eradicate hunger and extreme poverty in the country.
Contents of the program
The program is co- ...
(Zero Hunger) government program is introduced by president Lula da Silva, with the objective to eradicate hunger and extreme poverty in
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
.
In 2003, the Special Rapporteur leads a country mission to Brazil.
In 2006, Brazil adopts a framework law on the right to food. Brazil has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Law No. 11,346, 2006 Establishing the National Food and Nutrition Security System (SISAN); Decree No. 6273, establishing the Interministerial Chamber for Food and Nutritional Security, 2007.
In 2007, Brazil's National Rapporteur on the Right to Food, Water, and Rural Land files a successful class action on behalf of
favela
Favela () is an umbrella name for several types of working-class neighborhoods in Brazil. The term was first used in the Providência neighborhood in the center of Rio de Janeiro in the late 19th century, which was built by soldiers who had ...
residents.
In 2010, the Brazilian House of Representatives votes a Constitutional amendment on the right to food.
In 2010, the Special Rapporteur leads a country mission to Brazil.
In 2012, the Special Rapporteur, Mr. De Schutter, pointed to the example of Brazil to highlight the effectiveness of multi-year national framework laws on the right to food.
Canada
In 2012, the Special Rapporteur leads a country mission to
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
and the initial court challenge of
R v Hughes
''R v Hughes'' is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Lucia for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Consti ...
(Canadian Right to Food Trial) begins.
China
In 2012, the Special Rapporteur leads a country mission to
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
.
Colombia
The right to food is enshrined in the
Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
n constitution, Article 44:
"The following are basic rights for children... a balanced diet..."
Congo
The right to food is enshrined in the constitution of the
Republic of the Congo
The Republic of the Congo (french: République du Congo, ln, Republíki ya Kongó), also known as Congo-Brazzaville, the Congo Republic or simply either Congo or the Congo, is a country located in the western coast of Central Africa to the w ...
, Article 34 (Health, Aged, Handicapped):
"The State is the guarantor of public health. Every citizen shall have the right to a level of life sufficient to assure his health, his well-being and that of his family, notably food, clothing, shelter, medical care as well as necessary social services."
Cuba
The right to food is enshrined in the constitution, Article 8 (The Socialist State):
"...as the power of the people and for the people, guarantees:... That no child be left without schooling, food and clothing."
In 2007, the Special Rapporteur leads a country mission to
Cuba
Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...
.
Ecuador
The right to food is enshrined in the old constitution, Article 19:
"...The right to a standard of living that ensures the necessary health, food, clothing, housing, medical care and social services."
Ecuador has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Law on Food and Nutritional Security, No. 41, 2006; Law on Food Sovereignty, Official Registry No. 583, 5 May 2009.
In 2008,
Ecuador
Ecuador ( ; ; Quechua: ''Ikwayur''; Shuar: ''Ecuador'' or ''Ekuatur''), officially the Republic of Ecuador ( es, República del Ecuador, which literally translates as "Republic of the Equator"; Quechua: ''Ikwadur Ripuwlika''; Shuar: ''Eku ...
includes the right to food in its
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
, approved on September 28 by 64% of the population in a referendum. Article 281, titled Food Sovereignty reads: "Food Sovereignty constitutes an objective and strategic obligation from the State to guarantee its people, communities, pueblos and nationalities self sufficiency in healthy food, culturally appropriate in a permanent form."
In 2009, Ecuador develops a Food Sovereignty Framework Law.
El Salvador
El Salvador has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Decree 63 of 16 October 2009 which establishes the National Food and Nutrition Security Council
(CONASAN). At present there are new drafts that update, replace or strengthen the existing legislation.
Ethiopia
The right to food is enshrined in the constitution, Article 90 (Social objectives):
"To the extent the country's resources permit, policies shall aim to provide all Ethiopians with access to public health and education, clean water, housing, food and social security."
In 2005, the Special Rapporteur leads a country mission to
Ethiopia
Ethiopia, , om, Itiyoophiyaa, so, Itoobiya, ti, ኢትዮጵያ, Ítiyop'iya, aa, Itiyoppiya officially the Federal Democratic Republic of Ethiopia, is a landlocked country in the Horn of Africa. It shares borders with Eritrea to the ...
.
Guatemala
The right to food is enshrined in the constitution, Article 51 (Protection of Minors and the Elderly):
"The State will protect the physical, mental and moral health of Minors and the Elderly. It will guarantee them their right to food, public health, education, security and social insurance."
And Article 99 (Feeding and nutrition):
"The State will see to it that the food and the nutrition of the population meet the minimum health requirements. The specialized actions among themselves or with international organizations dedicated to public health to achieve an effective national food delivery system."
In 2005,
Guatemala
Guatemala ( ; ), officially the Republic of Guatemala ( es, República de Guatemala, links=no), is a country in Central America. It is bordered to the north and west by Mexico; to the northeast by Belize and the Caribbean; to the east by H ...
adopts a framework law on the right to food. Guatemala has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Law on National Food and Nutrition Security System, Decree No. 32-2005, 2005. Agreement No 75/06, Regulation to the Law on National System on Food and Nutritional Security, 2006.
In 2006, the Special Rapporteur leads a country mission to Guatemala.
In 2010, the Special Rapporteur leads a country mission to Guatemala.
Haiti
The right to food is enshrined in the constitution, Article 22:
"The State recognizes the right of every citizen to decent housing, education, food and social security."
India
The right to food is enshrined in the constitution, Article 47 (Duty of the State to raise the level of nutrition and the standard of living and to improve public health):
"The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health."
Fifty percent of the world's hungry live in
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, with 200 million food-insecure people in 2008 according to the
FAO
The Food and Agriculture Organization of the United Nations (FAO)french: link=no, Organisation des Nations unies pour l'alimentation et l'agriculture; it, Organizzazione delle Nazioni Unite per l'Alimentazione e l'Agricoltura is an intern ...
. India ranks 94th out of 107 nations on the
Global Hunger Index
The Global Hunger Index (GHI) is a tool that attempts to measure and track hunger globally as well as by region and by country, prepared by European NGOs of Concern Worldwide and Welthungerhilfe. The GHI is calculated annually, and its results ap ...
.
In 2001, India's Constitutional Court recognizes the right to food, transforming policy choices into enforceable rights. The case started with a written petition submitted to the Supreme Court in April 2001 by the People's Union for Civil Liberties, Rajasthan, leading to prolonged public interest litigation. Moreover, a larger public Right to Food Campaign is founded.
In 2005, India adopts its
Mahatma Gandhi National Rural Employment Guarantee Act
Mahatma Gandhi National Rural Employment Guarantee Act 2005 or MNREGA, earlier known as the National Rural Employment Guarantee Act or NREGA, is an Indian labour law and social security measure that aims to guarantee the 'right to work'. This a ...
and the
Right to Information Act
The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, an ...
.
Between 20 August to 2 September of this year, the Special Rapporteur on the Right to Food leads a country mission to India.
In 2011, the National Food Security Bill, 2011, popularly known as Right to Food Bill was proposed. In 2013,
National Food Security Act, 2013
The National Food Security Act 2013, also known as Right to Food Act, is an Indian Act of Parliament which aims to provide subsidized food grains to approximately two thirds of the country's 1.2 billion people. It was signed into law on 12 Sept ...
was passed by the Indian Parliament. The Act guarantees subsidised food to 50% of the urban population and 75% of the rural population. The proposed legislation would provide of rice, wheat and coarse grain at very low prices to "priority households" similar to
Below Poverty Line
Below Poverty Line is a benchmark used by the government of India to indicate economic disadvantage and to identify individuals and households in need of government assistance and aid. It is determined using various parameters which vary from s ...
families. Distribution will be through the current
Public Distribution System
The Public Distribution System (PDS) is an Indian food security system that was established by the Government of India under the Ministry of Consumer Affairs, Food and Public Distribution to distribute food and non-food items to India's poor a ...
, a government-run ration and fair price shops.
Regarding India, the Special Rapporteur has commented:
"India provides one of the best examples in the world in terms of the justiciability of the right to food. The Constitution of India prohibits discrimination and recognizes all human rights. The right to life is recognized as a directly justiciable fundamental right (art. 21), while the right to food is defined as a directive principle of State policy (art. 47). As it has interpreted these provisions, the Supreme Court of India has found that the Government has a constitutional obligation to take steps to fight hunger and extreme poverty and to ensure a life with dignity for all individuals."
Indonesia
Indonesia has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Food Act No. 7/1996 ; Regulation on Food Security No. 68/2002.
Iran
The right to food is enshrined in the constitution, Article 3 (State Goals):
"...The planning of a correct and just economic system, in accordance with Islamic criteria, in order to create welfare, eliminate poverty, and abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all."
And in Article 43 (Principles):
"The economy of the Islamic Republic of Iran, with its objectives of achieving the economic independence of the society, uprooting poverty and deprivation, and fulfilling human needs in the process of development while preserving human liberty, is based on the following criteria: The provision of basic necessities for all citizens: housing, food, clothing hygiene, medical treatment, education, and the necessary facilities for the establishment of a family."
Lebanon
In 2006, the Special Rapporteur leads a country mission to
Lebanon
Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus li ...
.
Madagascar
In 2012, the Special Rapporteur leads a country mission to
Madagascar
Madagascar (; mg, Madagasikara, ), officially the Republic of Madagascar ( mg, Repoblikan'i Madagasikara, links=no, ; french: République de Madagascar), is an island country in the Indian Ocean, approximately off the coast of East Africa ...
.
Malawi
The right to food is enshrined in the constitution, Article 13:
"The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals: Nutrition: To achieve adequate nutrition for all in order to promote good health and self-sufficiency."
2009,
Malawi
Malawi (; or aláwi Tumbuka: ''Malaŵi''), officially the Republic of Malawi, is a landlocked country in Southeastern Africa that was formerly known as Nyasaland. It is bordered by Zambia to the west, Tanzania to the north and northeast ...
finalises its draft Right to Food Bill (adoption is scheduled for 2010).
Mali
In 2006,
Mali
Mali (; ), officially the Republic of Mali,, , ff, 𞤈𞤫𞤲𞥆𞤣𞤢𞥄𞤲𞤣𞤭 𞤃𞤢𞥄𞤤𞤭, Renndaandi Maali, italics=no, ar, جمهورية مالي, Jumhūriyyāt Mālī is a landlocked country in West Africa. Mali ...
adopts its Agricultural Policy Act.
Mexico
In 2011, a constitutional reform establishes the right to food in
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
. The
Chamber of Deputies
The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures.
Description
Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...
unanimously approved the reform. The State now has an obligation to guarantee the right to food (Art. 4) and to guarantee that the supply of basic foods suffices through rural development (Art. 27):
"Art. 4: Every person has the right to adequate food to maintain his or her wellbeing and physical, emotional and intellectual development. The State must guarantee this right."
"Art. 27, Clause XX: Sustainable and integral rural development . . . will also have among its objectives that the State guarantee sufficient and timely supply of basic foods as established by the law."
In 2011, the Special Rapporteur releases an end of mission statement to his country mission to Mexico
In 2012, the Special Rapporteur leads a country mission to Mexico.
Mongolia
In 2005, the Special Rapporteur leads a country mission to
Mongolia
Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
.
Mozambique
In 2009,
Mozambique
Mozambique (), officially the Republic of Mozambique ( pt, Moçambique or , ; ny, Mozambiki; sw, Msumbiji; ts, Muzambhiki), is a country located in southeastern Africa bordered by the Indian Ocean to the east, Tanzania to the north, Malawi ...
sets up a drafting Committee to elaborate a Right to Food Framework Law, which will submit a draft bill on the Right to Adequate Food to the government before the end of 2010.
Nicaragua
The right to food is enshrined in the constitution, Article 63:
"It is the right of Nicaraguans to be protected against hunger. The State shall promote programmes which assure adequate availability and equitable distribution of food."
Nicaragua has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Law on Food and Nutritional Sovereignty and Security, No. 163- 2009, Decree No. 03-2007, Reforms and Amendments to Decree No. 71-98; Regulation to the Law No. 290, Law on Organization and Competences, 2007. At present there are new drafts that update, replace or strengthen the existing legislation.
In 2010, the Special Rapporteur leads a country mission to
Nicaragua
Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...
.
Niger
In 2002, the Special Rapporteur leads a country mission to
Niger
)
, official_languages =
, languages_type = National languages
Nepal
In 2008,
Nepal
Nepal (; ne, नेपाल ), formerly the Federal Democratic Republic of Nepal ( ne,
सङ्घीय लोकतान्त्रिक गणतन्त्र नेपाल ), is a landlocked country in South Asia. It is mai ...
: A case on the right to food is filed in the Nepalese Constitutional Court, which issues an interim order for the immediate provision of food to hungry communities.
In 2009, Nepal includes the right to food sovereignty in its interim constitution.
Nicaragua
In 2009
Nicaragua
Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the cou ...
adopts a framework law on the right to food.
Pakistan
The right to food is enshrined in the constitution, Article 38:
"The State shall provide basic necessities of life, such as food, clothing, housing, education and medical relief."
Paraguay
The right to food is enshrined in the constitution, Article 53 (Children):
"Every parent has the right and obligation to care for, to feed, to educate, and to support his children while they are minors. The laws will punish those parents who fail to comply with their duty to provide their children with food..."
Palestine, Occupied Territories
In 2004, the Special Rapporteur leads a country mission to
Occupied Palestinian Territories
The Palestinian territories are the two regions of the former British Mandate for Palestine that have been militarily occupied by Israel since the Six-Day War of 1967, namely: the West Bank (including East Jerusalem) and the Gaza Strip. The In ...
.
Peru
Peru has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Decree No. 118-2002 PCM, establishing the Multisectoral Commission on Food Security, 2002; Decree No. 139/02/PCM, Conforming the Technical Committee of the Multisectoral Commission on Food Security, 2002. At present there are new drafts that update, replace or strengthen the existing legislation.
South Africa
In 1996,
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
includes the right to food in its
Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
(Chapter 2, Section 27). All social and economic rights are justiciable under South African law and the South African Bill of Rights, incorporated into the Constitution, explicitly provides every person the right to have access to sufficient food and water, subject to progressive realization.
The right to food is enshrined in the constitution, Section 27 (Health care, food, water and social security):
"1) Everyone has the right to have access to:
a) health care services, including reproductive health care; b) sufficient food and water; and c) social security, including, if they are unable to support themselves and their dependants, appropriate social assistance.
2)The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realization of each of these rights..."
And in Section 28 (Children):
"1) Every child has the right to:
a) a name and a nationality from birth; b) family care or parental care, or to appropriate alternative care when removed from the family environment; c) basic nutrition, shelter, basic health care services and social services..."
In 2005, a case gets brought before the South African Equality Court demanding the protection of the livelihoods of traditional fishers. In 2007, the Equality Court demands an alteration of the fishery policy to comply with the right to food.
In 2012, the Special Rapporteur leads a country mission to South Africa.
Sri Lanka
The right to food is enshrined in the constitution, Article 27:
"The State is pledged to establish in Sri Lanka a democratic socialist society, the objectives of which include... the realization by all citizens of an adequate standard of living for themselves and their families, including adequate food, clothing and housing..."
Syria
In 2011, the Special Rapporteur leads a country mission to
Syria
Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
.
Uganda
The right to food is enshrined in the constitution, Objective 14 (General social and economic objectives):
"The State shall endeavour to fulfil the fundamental rights of all Ugandans to social justice and economic development and shall, in particular, ensure that... all Ugandans enjoy rights and opportunities and access to education, health services, clean and safe water, decent shelter, adequate clothing, food, security and pension and retirements benefits."
Ukraine
The right to food is enshrined in the constitution, Article 48:
"Everyone has the right to a standard of living sufficient for himself or herself, and his or her family that includes adequate nutrition, clothing and housing."
United States
The
Constitution of the United States
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
"does not contain provisions related to the right to adequate food," according to the
FAO
The Food and Agriculture Organization of the United Nations (FAO)french: link=no, Organisation des Nations unies pour l'alimentation et l'agriculture; it, Organizzazione delle Nazioni Unite per l'Alimentazione e l'Agricoltura is an intern ...
.
In 2017, the US Mission to International Organizations in Geneva explained,
"Domestically, the United States pursues policies that promote access to food, and it is our objective to achieve a world where everyone has adequate access to food, but we do not treat the right to food as an enforceable obligation.""
Maine
Maine () is a state in the New England and Northeastern regions of the United States. It borders New Hampshire to the west, the Gulf of Maine to the southeast, and the Canadian provinces of New Brunswick and Quebec to the northeast and north ...
voted 61%-39% in favor of Question 3: Establish Right to Produce, Harvest and Consume Food, more simply known as the "Right to Food" question. It adds to the
Maine Constitution
The Constitution of the State of Maine established the " State of Maine" in 1820 and is the fundamental governing document of the state. It consists of a Preamble and ten Articles (divisions), the first of which is a "Declaration of Rights".
T ...
that citizens have "natural, inherent and unalienable right to food." The amendment grants Mainers the right to save and exchange seeds, and have the right to grow, raise, harvest, produce, and consume their own food.
Venezuela
Venezuela has included the topic of food sovereignty in framework law, though its status is sometimes controversial: Organic Law on Agricultural and Food Security and Sovereignty, Decree No 6.071, 2008; Law establishing a Programme on Food for Workers, 1998; Law on Food for Workers, 2004;
Decree No. 4.448, Regulation of the Law on Food for Workers, 2006.: 31.
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{{Refend
Food sovereigntyLists of countries