This book documents and analyzes the experiences of the UN's first Special Rapporteur on the Right to Food. It highlights the conceptual advances in the legal understanding of the right to food in international human rights law, as well as analyzes key practical challenges through experiences in 11 countries across Africa, Asia and Latin America.
In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.
This book introduces the human right to adequate food and nutrition as evolving concept and identifies two structural "disconnects" fueling food insecurity for a billion people, and disproportionally affecting women, children, and rural food producers: the separation of women’s rights from their right to adequate food and nutrition, and the fragmented attention to food as commodity and the medicalization of nutritional health. Three conditions arising from these disconnects are discussed: structural violence and discrimination frustrating the realization of women’s human rights, as well as their private and public contributions to food and nutrition security for all; many women’s experience of their and their children’s simultaneously independent and intertwined subjectivities during pregnancy and breastfeeding being poorly understood in human rights law and abused by poorly-regulated food and nutrition industry marketing practices; and the neoliberal economic system’s interference both with the autonomy and self-determination of women and their communities and with the strengthening of sustainable diets based on democratically governed local food systems. The book calls for a social movement-led reconceptualization of the right to adequate food toward incorporating gender, women’s rights, and nutrition, based on the food sovereignty framework.
While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
In the world’s most affluent and food secure societies, why is it now publicly acceptable to feed donated surplus food, dependent on corporate food waste, to millions of hungry people? While recognizing the moral imperative to feed hungry people, this book challenges the effectiveness, sustainability and moral legitimacy of globally entrenched corporate food banking as the primary response to rich world food poverty. It investigates the prevalence and causes of domestic hunger and food waste in OECD member states, the origins and thirty-year rise of US style charitable food banking, and its institutionalization and corporatization. It unmasks the hidden functions of transnational corporate food banking which construct domestic hunger as a matter for charity thereby allowing indifferent and austerity-minded governments to ignore increasing poverty and food insecurity and their moral, legal and political obligations, under international law, to realize the right to food. The book’s unifying theme is understanding the food bank nation as a powerful metaphor for the deep hole at the centre of neoliberalism, illustrating: the de-politicization of hunger; the abandonment of social rights; the stigma of begging and loss of human dignity; broken social safety nets; the dysfunctional food system; the shift from income security to charitable food relief; and public policy neglect. It exposes the hazards of corporate food philanthropy and the moral vacuum within negligent governments and their lack of public accountability. The advocacy of civil society with a right to food bite is urgently needed to gather political will and advance ‘joined-up’ policies and courses of action to ensure food security for all.
Do Americans have the right to privately obtain the foods of our choice from farmers, neighbors, and local producers, in the same way our grandparents and great grandparents used to do? Yes, say a growing number of people increasingly afraid that the mass-produced food sold at supermarkets is excessively processed, tainted with antibiotic residues and hormones, and lacking in important nutrients. These people, a million or more, are seeking foods outside the regulatory system, like raw milk, custom-slaughtered beef, and pastured eggs from chickens raised without soy, purchased directly from private membership-only food clubs that contract with Amish and other farmers. Public-health and agriculture regulators, however, say no: Americans have no inherent right to eat what they want. In today's ever-more-dangerous food-safety environment, they argue, all food, no matter the source, must be closely regulated, and even barred, if it fails to meet certain standards. These regulators, headed up by the U.S. Food and Drug Administration, with help from state agriculture departments, police, and district-attorney detectives, are mounting intense and sophisticated investigative campaigns against farms and food clubs supplying privately exchanged food-even handcuffing and hauling off to jail, under threat of lengthy prison terms, those deemed in violation of food laws. Life, Liberty, and the Pursuit of Food Rights takes readers on a disturbing cross-country journey from Maine to California through a netherworld of Amish farmers paying big fees to questionable advisers to avoid the quagmire of America's legal system, secret food police lurking in vans at farmers markets, cultish activists preaching the benefits of pathogens, U.S. Justice Department lawyers clashing with local sheriffs, small Maine towns passing ordinances to ban regulation, and suburban moms worried enough about the dangers of supermarket food that they'll risk fines and jail to feed their children unprocessed, and unregulated, foods of their choosing. Out of the intensity of this unprecedented crackdown, and the creative and spirited opposition that is rising to meet it, a new rallying cry for food rights is emerging.
It is now more than a decade since the Right to Food Guidelines were negotiated, agreed and adopted internationally by states. This book provides a review of its objectives and the extent of success of its implementation. The focus is on the first key guideline – "Democracy, good governance, human rights and the rule of law" – with an emphasis on civil society participation in global food governance. The five BRICS countries (Brazil, Russia, India, China and South Africa) are presented as case studies: representing major emerging economies, they blur the line between the Global North and South, and exhibit different levels of human rights realisation. The book first provides an overview of the right to adequate food, accountability and democracy, and an introduction to the history of the development of the right to adequate food and the Right to Food Guidelines. It presents a historical synopsis of each of the BRICS states’ experiences with the right to adequate food and an analysis of their related periodic reporting to the Committee on Economic, Social and Cultural Rights, as well as a specific assessment of their progress in regard to the first guideline. The discussion then focuses on the effectiveness of the Right to Food Guidelines as both a policy-making and monitoring tool, based on the analysis of the guidelines and the BRICS states.
Food insecurity poses one of the most pressing development and human security challenges in the world. In Feeding the Hungry, Michelle Jurkovich examines the social and normative environments in which international anti-hunger organizations are working and argues that despite international law ascribing responsibility to national governments to ensure the right to food of their citizens, there is no shared social consensus on who ought to do what to solve the hunger problem. Drawing on interviews with staff at top international anti-hunger organizations as well as archival research at the United Nations Food and Agriculture Organization, the UK National Archives, and the U.S. National Archives, Jurkovich provides a new analytic model of transnational advocacy. In investigating advocacy around a critical economic and social right—the right to food—Jurkovich challenges existing understandings of the relationships among human rights, norms, and laws. Most important, Feeding the Hungry provides an expanded conceptual tool kit with which we can examine and understand the social and moral forces at play in rights advocacy.