IV-e. General Comment 12
On May 12, 1999 the UN's Committee on Economic, Social and Cultural Rights released its General Comment 12 (Twentieth session, 1999): The Right to Adequate Food (Art. 11). This statement by the committee constitutes a definitive contribution to international jurisprudence. Only eight pages long, it warrants careful review A few highlights are mentioned here.
GC12's paragraph 1 begins by citing the foundation of the legally binding right to food in article 11 of the International Covenant on Economic, Social and Cultural Rights. It draws a distinction between the reference in the first paragraph of that article to an adequate standard of living, including adequate food, and the second paragraph of that article, which calls for ensuring "the fundamental right to freedom from hunger and malnutrition". GC12 indicates that "more immediate and urgent steps may be needed to ensure" the fundamental right to freedom from hunger and malnutrition. Thus, hunger and malnutrition signify more acute, more urgent problems than are indicated by inadequate food in itself. The distinction is addressed again in GC12's paragraph 6:
- The right to adequate food will have to be realized progressively. However, States have a core obligation to take the necessary action to mitigate and alleviate hunger as provided for in paragraph 2 of article 11, even in times of natural or other disasters.
The term right to adequate food is sometimes taken to be comprehensive (as in the title of GC12), but at times it may be important to distinguish the concern with food supplies from the immediate need to deal with hunger and malnutrition.
GC12's paragraph 4 highlights the linkage of the right to adequate food to "the inherent dignity of the human person" and points out that it is indispensable for the realization of other human rights. It is also inseparable from social justice.
Paragraph 5 observes that "Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population." This sentence might have been clearer if the phrase "lack of food" was followed with something like "in the community". The reference here is to the fundamental distinction between availability (is there food around?) and access (can you make a claim on that food?). (Inter alia simply means "among other things".)
The first sentence of GC12's paragraph 6 is especially important because it presents the core definition:
- The right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement.
The paragraph goes on to emphasize that the right to adequate food "must not be interpreted in a narrow or restrictive sense which equates it with a minimum package of calories, proteins and other specific nutrients". In other words, the right cannot be fulfilled simply by delivering prepackaged meals, as one might deliver feed pellets to livestock. That sort of approach would be incompatible with human dignity.
GC12 paragraph 7 explains that adequacy means that account must be taken of what is appropriate under given circumstances. Food security implies food being accessible for both present and future generations. Sustainability relates to long-term availability and accessibility. Thus, as explained in paragraph 8, the core content of the right to adequate food implies:
- The availability of food in a quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture;
- The accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights.
These terms are then explained further in paragraphs 9 through 13.
Paragraph 14 summarizes the obligations of States as follows:
- Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger.
The obligation applies to everyone under the state's jurisdiction. Thus, it is not permissible to exclude immigrants or refugees, even if they are in the country illegally. The obligation cannot be limited only to citizens, or only to particular ethnic groups. If a group of people is under military occupation, the obligation extends to them as well.
Paragraph 15 draws out the different kinds or levels of obligations of the state. These obligations may be sorted into categories as follows:
- respect - "The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access."
- protect - "The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food.
- fulfil (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."
- fulfil (provide) - "Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters."
The levels of obligations will be discussed further in Subsection VII-c.
General Comment 12 should be consulted for its analyses on these and other themes, including the issues of implementation at the national level, framework legislation, monitoring, remedies and accountability, international obligations, etc.
Continue to IV-f. Eide's Updated Study
Subsection IV-e last updated on September 29, 1999