10
through which the general public can hold the government accountable for making progress in
ending food insecurity.21
Furthermore, a rights-based approach to ensuring adequate food is advantageous on many levels.
22
First, it introduces the well established principles in international human rights law of non-
discrimination and equality; second, it supports a number of other basic human rights, such as
the right to the highest attainable standard of health; third, it draws attention to the most
vulnerable segments of society.23
Recognition of right to food generally entails an important question of its justiciability. Like
other economic, social and cultural rights, two arguments are invoked to challenge the
justiciability of the right to food. First, it is argued that the right to food and the correlative
obligations of States are not clearly formulated, nor precisely defined, precluding, as a
consequence, any judicial or quasi-judicial body from determining, in concrete cases whether the
right to food had in fact been violated.24 Second, a judicial or quasi-judicial body could not
exercise effective oversight of the right to food given its specific nature.25 But these arguments
are no longer valid because the right to food and the correlative obligations of States are now
clearly set forth in international law. Furthermore, a judicial or quasi-judicial body is also
capable of identifying violations of the right to food and ordering all necessary corrective
measures.26
The right-based approach to food is now deeply ingrained in international law instruments on
food. Realisation of right-based approach requires the state to adopt appropriate law and policy.
In 2004 the FAO Council adopted the “Voluntary Guidelines to support the progressive
realisation of the right to adequate food in the context of national food security”, commonly
referred to as the Voluntary Guidelines. These guidelines provide guidance to governments to
21
Ibid
Charlotte McClain-Nhlapohttp, ‘Implementing a Human Rights Approach to Food Security’, International Food
Policy Research Institute,
//www.ana.org.nz/sites/default/files/AfricaImplementing.pdf
23
Ibid.
24
Christophe Golay, ‘The Right to Food and Access to Justice: Examples at the National, Regional
and International Levels’, FAO, Rome, 2009, p. 9.
25
Ibid
26
Ibid
22