19
tenure, are bound by unjust sharecropping contracts, or her properties that are so small that they
cannot grow enough food to feed themselves.”54
11. Obligations of a State
While state is mainly responsible for ensuring the right to food, other stakeholders - individuals,
families, local communities, non-governmental organizations, civil society organizations, as well
as the private business sector - have responsibilities in the realization of the right to adequate
food. The State should provide an environment that facilitates implementation of these
responsibilities.55 The right to adequate food, like any other human right, imposes three types or
levels of obligations on States parties: the obligations to respect, to protect and to fulfill.
11.1The obligation to respect the right to food
States have to respect people’s existing access to food and means of obtaining food.56 The
obligation to respect existing access to adequate food requires States parties not to take any
measures that result in preventing such access or suspend legislation or policies that give people
access to food (e.g., social welfare legislation, nutrition-related programs).57 States should ensure
public institutions, including State-run enterprises or the military, do not undermine people’s
access to food by, for example, contaminating or destroying farmland or through forced
evictions.58 States should also regularly review their national policies and programs related to
food to ensure that they effectively respect the equal right of everyone to food.59
11.2 The obligation to protect the right to food
States have to protect individuals’ enjoyment of the right to food against violations by third
parties such as other individuals, groups, private enterprises and other state entities, which is
known as horizontal obligation. There is a need for state protection from fraud, unethical
behavior in trade and commercial transactions, and the marketing and dumping of hazardous or
54
Third Report of the UN Special Rapporteur on the Right to Food Jean Zaegler, UN Doc. E/CN.4/2003/54 (10
January 2003), para. 16.
55
Para 20 of the General Comment No. 12. .
56
UN Fact Sheet No. 34
57
Ibid
58
Ibid
59
Ibid