Human Right to Feed Oneself: Human Right to Feed Oneself Bernd van der Meulen Professor of Law & Governance Wageningen UR


Overview: Overview Introduction Law, food & human rights Development of HR civil / economic The right to food Traditional doctrine Modern doctrine Case law / acceptance Adequate food & food law The Netherlands Conclusion & discussion


Materials: Materials My paper: general theory on right to food See also paper Bart Wernaart And paper Asbjørn Eide Frank Vlemminx: RtF applied in Dutch legislation, policy and case law


Law & nutrition: Law & nutrition Positioning of people within the economy Social security net Protection for all Human rights Positioning of people within the legal system Yardstick for the legal system Final recourse Focus on the fundaments of the system; not the output Protection for the last untouchable


Human rights: Human rights F.D. Roosevelt Eve of Pearl Harbour Four freedoms speech Freedom of speech Freedom of religion Freedom from fear Freedom from want 1948: Universal Declaration of Human Rights


Development of human rights: Development of human rights 1948: Universal declaration of human rights (UDHR): first international catalogue 1950: European Convention on the protection of Human Rights and Fundamental Freedoms European Court of Human Rights  case law! 1961: European Social Charter 1966: International Covenant on Civil and Political Rights 1966: International Covenant on Social, Economic and Cultural Rights


International Covenant on Economic, Social and Cultural Rights (Article 11): International Covenant on Economic, Social and Cultural Rights (Article 11) 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food (…). The States Parties will take appropriate steps to ensure the realization of this (…). 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (…)


Case law: Case law Netherlands (and many others): too general Belgium: applied Switzerland: basic principle  included in constitution


Human Rights : Human Rights Traditional doctrine Civil rights  ‘negative’ state obligations (do not) Economic & social rights  ‘positive’ state obligations (act) Negative obligations = absolute  enforceable law Positive obligations = policy aims


The pioneers: The pioneers UN special rapporteurs for the right to food Asbjørn Eide Jean Ziegler


Human Rights : Human Rights Alternative doctrine Eide / UN / Ziegler: political and economic rights are inseparable All human rights  both negative and positive obligations Obligation to respect (-) Obligation to protect (+/-) Obligation to fulfil (+) Obligation to facilitate Obligation to ensure/provide Negative obligations  enforceable


Human Right to Food : Human Right to Food Article 11 ECESR: Ziegler Obligation to respect No interference with individuals’ means to feed themselves Enforceable negative obligation Obligation to protect Prevent social actors from interfering Obligation to fulfil Facilitate: create conditions where people can take care of themselves Ensure: in situation of crisis: help the suffering


Examples from the European Court of HR: Examples from the European Court of HR 26.04.79 Sunday Times (UK prohibition publication) Restriction on expressing opinion only: By law As far as necessary  obligation to respect 21.06.88 Ärzte für das Leben (Austria) Police must protect peaceful demonstration from aggression by third parties  obligation to protect 23.10.85 Bethem vs. The Netherlands Access to court  obligation to fulfil


New doctrine embraced: New doctrine embraced UN Committee on Economic, Social and Cultural Rights, General Comment 12 FAO, VOLUNTARY GUIDELINES to support the progressive realization of the right to adequate food in the context of national food security


Adequate food: Adequate food Elaborated in: General comments 12 (1999) “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” FAO voluntary guidelines (2004): human rights based practical tool Nutritionally adequate Free of adverse effects Acceptable in a given culture


Right to adequate food & food law: Right to adequate food & food law All areas of food law are connected to the concept of food security Nutritionally adequate  freedom from hunger  obesity policy Free of adverse effects  food safety law Acceptable in a given culture  religious issues, kosher, hallal  ethical issues: bio industry, hormones, GMOs, irradiation


The Netherlands: The Netherlands Parliamentary history: Ratification Act ESCR Constitution 1983 ‘Classical HR enforceable; social HR policy aims – too general, to vague, implementation in legislation is needed’


The Netherlands: case law: The Netherlands: case law HR: only indirect via non-discrimination CRvB: maybe, yes, no


Conclusions: Conclusions The issue of HR regards the quality of the legal system, also in food secure situations To live & grow HR need the back up of justiciability & case law


Thank you for your kind attentionQ&A: Bernd.vanderMeulen@wur.nl: Thank you for your kind attention Q&A: Bernd.vanderMeulen@wur.nl © B.M.J. van der Meulen Wageningen UR www.law.wur.nl - www.food-law.nl - www.nvlr.nl