27
healthy and dignified life”. Bolivia inserted the right to food in Article 16 of its Constitution in
2009. Brazil has included the right to food in its constitution in 2010.
A constitutional recognition of the right to food provides the strongest possible basis of such
right since all laws and policies must conform to the constitutional provisions. Including the right
to food in the constitution implies that this right cannot be easily withdrawn ensuring greater
permanency than ordinary laws.85 Direct recognition has the advantage of avoiding the
uncertainty of judicial interpretation since the right is clearly spelled out. The insertion of the
right to food in the constitution of countries improves accountability since the constitutional
provisions limit the actions and policies of all branches of the government.86 The insertion of the
right to food into the constitution is thus not of mere symbolic significance. It imposes on all
branches of the State to take measures to respect, protect and fulfill the right to food by adopting
adequate laws, and by implementing policies and programs aimed at the progressive realization
of the right to food.87 At the same time, constitutional recognition is an important step in
empowering people to realize their right to food as they can use it to demand those adequate
policies and laws which establish an enabling environment for them to realize their right to
food.88
15. Examples of National Laws on the Right to Food
The entrenchment of the right to food in domestic law makes the right to food operational at the
national level as victims of right to food violations can obtain ownership, and utilize the law to
seek remedy and accountability.89 It “can give a precise definition of the scope and content of
this human right, set out obligations for state authorities and private actors, establish necessary
institutional mechanisms and give the legal basis for subsidiary legislation and other necessary
measures to be taken by the competent state authorities.”90 Examples of national laws on the
right to food can be categorized in two ways: inclusion of the right to food in a framework law
and inclusion of the right to food in sectoral law. A framework law is imperative in the
85
Oliver p. 5.
Oliver p. 5.
87
Oliver p. 5
88
Oliver, p. 5.
89
Oliver p. 6
90
FAO Methodological Toolbox on the Right to Food – Guide on Legislating for the Right to Food, pag.4
86