26
requires measures to ensure that enterprises and others do not deprive people of their access to
adequate food.82
14. Examples of Constitutional Provisions of the Right to Food
The recognition of the right to food as a justiciable right at the national level is gaining ground as
many countries now explicitly recognizes right to food in their constitutions. Currently eleven
countries such as Belarus, Bolivia, Brazil, the Democratic Republic of the Congo, Ecuador,
Guyana, Haiti, Malawi, Nepal, Nicaragua, and South Africa - explicitly provide a constitutional
right to adequate food for all persons. Other countries recognize a more limited right to food in
their constitutions. They either restrict the populations that can rely on the right, like the young,
sick, or imprisoned, or by refer to the right as a mere directive principle to guide legislators and
national policy.83
For example, Article 82 of the Constitution of Costa Rica of 1949 provides that the State shall
provide food and clothing for indigent pupils, according to the law. Article 47 of the Indian
Constitution includes the right to food in the directive principles part of the constitution. South
Africa’s constitution of 1996 explicitly addresses justiciable social and economic rights,
including rights to healthcare, social security, social assistance, water, and food. Article 27 of the
South African constitution provides the right to access “sufficient food and water.” The
constitution requires the state to take reasonable legislative measures to “achieve the progressive
realization . . . of these rights.” Emphasizing the importance of childhood nutrition, the
constitution guarantees every child the right to “basic nutrition.” To better interpret these socioeconomic rights, South African courts have looked beyond national laws and incorporated
international law.84
In 2008, Ecuador includes the Right to Food in its Constitution stating that the right to food is
“the right to have unrestricted and permanent access to sufficient and nutritious food
corresponding to the cultural traditions of the people to which the consumer belongs, for a
82
Susan Marks and Andrew Clapham, International Human Rights Lexicon, Oxford, Oxford University Press
(2005), p. 172.
83
ibid
84
Ibid