Right to food by country

This section provides an overview of the status of the right to food at a national level.

Right to food in the world

Country by country

Argentina

Argentina has included the topic of food sovereignty 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.

Benin

In 2010, the Special Rapporteur leads a country mission to Benin.

Bolivia

Bolivia 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 (Zero Hunger) government program is introduced by president Lula da Silva, with the objective to eradicate hunger and extreme poverty in Brazil.

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 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 and the initial court challenge of R v Hughes (Canadian Right to Food Trial) begins.

China

In 2012, the Special Rapporteur leads a country mission to China.

Colombia

The right to food is enshrined in the Colombian 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, 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.

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 includes the right to food in its Constitution, 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.

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 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, with 200 million food-insecure people in 2008 according to the FAO. India ranks 94th out of 107 nations on the Global Hunger Index.

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 and the Right to Information Act.
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 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 families. Distribution will be through the current Public Distribution System, 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.

Madagascar

In 2012, the Special Rapporteur leads a country mission to Madagascar.

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 finalises its draft Right to Food Bill (adoption is scheduled for 2010).

Mali

In 2006, Mali adopts its Agricultural Policy Act.

Mexico

In 2011, a constitutional reform establishes the right to food in Mexico. The Chamber of Deputies 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.

Mozambique

In 2009, Mozambique 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.

Niger

In 2002, the Special Rapporteur leads a country mission to Niger

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