The right to food is a fundamental human right. It is recognized in the 1948 Universal Declaration of Human Rights as an essential component of the right to an adequate standard of living, and it is enshrined in the 1966 International Covenant on Economic, Social and Cultural Rights. As defined in General Comment 12 of the Committee on Economic, Social and Cultural Rights,
the right to adequate food is realized when every man, woman and child, alone and in community with others, has physical and economic access at all times to adequate food or means for its procurement (para. 6).
The first Special Rapporteur on the right to food offered a further elaboration, concluding that the right to food is
the right to have regular, permanent and unrestricted access, either directly or by means of financial purchases, to quantitatively and qualitatively adequate and sufficient food corresponding to the cultural traditions of the people to which the consumer belongs, and which ensures a physical and mental, individual and collective, fulfilling and dignified life free of fear. (A/HRC/7/5, para 17).
In accordance with these constructions, the right to food is understood as a compilation of three critical elements:
Availability Food should be available from natural resources either through the production of food, by cultivating land or animal husbandry, or through other ways of obtaining food, such as fishing, hunting or gathering. Food should also be available for sale in markets and shops.
Accessibility Economic and physical access to food to be guaranteed. Economic accessibility means that food must be affordable. Individuals should be able to afford food for an adequate diet without compromising on any other basic needs, such as school fees, medicines or rent. Physical accessibility means that food should be accessible to all, including to the physically vulnerable, such as children, the sick, persons with disabilities or the elderly. Access to food must also be guaranteed to people in remote areas and to victims of armed conflicts or natural disasters, as well as to prisoners.
Adequacy Food must satisfy dietary needs, taking into account the individual’s age, living conditions, health, occupation, sex, etc. Food should be safe for human consumption and free from adverse substances. Adequate food should also be culturally acceptable.
Sustainability is also a growing concern. The right to food requires sustainable food systems to ensure that enough food is produced for both the present and future generations.
International human rights law further recognizes the role of States in protecting and promoting the right to adequate food. The Committee on Economic, Social and Cultural Rights in General Comment No. 12 set forth the obligations of States parties in order to implement the right to adequate food at the national level, including:
The obligation to respect existing access to adequate food requires States parties to not take any measures that result in preventing such access;
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;
The obligation to fulfill (facilitate and provide) 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 and to directly provide access to food when an individual or group is unable, for reasons beyond their control, to exercise their right.
_____________________________________________________________