The Right to Food: Brazil adopts new policy on Food Security & Nutrition by UN Food & Agricultural Organization 10:30am 3rd Sep, 2010 10-12-2010 Constitutional and Legal Protection of the Right to Food around the World. This study reviews the legal protection of the right to food at national level, through constitutional provisions, national legislation and the direct applicability of international law. A comprehensive review of all the constitutions of the world found that the right to food is constitutionally protected in at least 106 countries. In these countries, individuals can claim the right to food in front of their national courts. The study underlines that in countries where direct application of international treaties is not recognised, embedding the right to food within the constitution gives strong legal support to better ensure this human right. The document also provides an illustrative description of the different types of constitutional recognition of the right to food, e.g. explicit or implicit, direct or indirect.(Visit the link below to download the report) Sep 2010 On 25 August 2010, Brazil adopted a Policy on Food Security and Nutrition of Brazil that firmly establishes the right to food in Brazils food and nutrition efforts. The Policy is part of the efforts undertaken in view of the implementation of the Food and Nutrition Security Law (LOSAN) of 2006. It establishes the framework and principles for the development of a National Food and Nutrition Security Plan. The right to food is firmly anchored in the Policy. Several provisions are relevant for the human right to adequate food: 1) The right to food is explicitly mentioned as overall objective of the policy (... to guarantee the human rights to adequate food on the entire national territory). Moreover, the directive principles of the Policy include training and education on the right to food, the support to initiatives that promote the right to food at international level and in international negotiations, and the monitoring of the realization of the human right to food. 2) The specific objectives of the Policy include the development of programs and activities that respect, protect, promote and provide the human right to adequate food, including claim mechanisms. 3) Claims mechanisms (instrumentos de exigibilidade) for the right to food are very prominent in this Policy. Among others, Brazil"s Food and Nutrition Security Council (CONSEA ) is requested to make proposals in this respect; federal government programs and activities need to integrate such claims mechanisms and state level authorities are requested to do the same in their own programs. With respect to the municipal level, the claims mechanisms foreseen by the decree are rather political mechanisms and the right to food is guaranteed through participation of and monitoring by social groups. 4) States, the federal district and municipalities can become part of the national food and nutrition security system. One of the criteria for decentralized entities to become members of the system is the acceptance of the engagement to respect and promote the human right to adequate food. 5) A lot of emphasis is given to social participation of food insecure groups, if necessary, by providing financial means to make such participation possible. The focus on the most vulnerable groups, as well as the principles of equity, transparency, information and facilitated access to information are reflected in the Policy, which explicitly requests the assessment of the situation of the most vulnerable groups, including the availability of disaggregated data related to the social status, race and gender. 6) The Policy will be implemented through the National Food and Nutrition Security Plan. It establishes some of the issues to be covered by the first plan, such as cash transfer schemes, family agriculture (small scale farming), access to land and access to water, and the food security of indigenous people and quilombolas. Visit the related web page |
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