The International Covenant on Economic, Social and Cultural Rights
“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 ensure
a physical and mental, individual and collective, fulfilling and dignified life
free of fear.”
General Comment No. 12 (1999) of the Committee on Economic, Social
and Cultural Rights has given the following interpretation of the right to
adequate food.
‘The right to adequate food is realized when every man, woman and child,
alone or in community with others, have physical and economic access at
all times to adequate food or means for its procurement.’
The word ‘adequate’ denotes the large extent of socioeconomic and
cultural circumstances and access to adequate food which is fundamental
for the right to adequate food, which must be ‘adequate’ in terms of the
availability of food in quality and quantity. ‘Dietary needs’ which are wider
than nutrients for physical needs of individuals cannot be fulfilled without
having qualitative and quantitative food. It refers to those dietary needs
which are indispensable for physical and mental growth and physical
activity. However, there is a minimum universal standard of right to food
under all circumstances which is spelled out in article 11(2) of the ICESCR
as the fundamental right to freedom from hunger.
The Committee affirms that the right to adequate food is indivisibly linked
to the inherent dignity of the human person and is indispensable for
the fulfillment of other human rights enshrined in the International Bill
of Human Rights. It is also inseparable from social justice, requiring the
adoption of appropriate economic, environmental and social policies, at
both the national and international levels, oriented to the eradication of
poverty and the fulfillment of all human rights for all.
The Committee considers that the core content of the right to adequate
food implies:
20
The availability: The availability of food in a quantity and quality sufficient
to satisfy the dietary needs of individuals, free from adverse substances,
and acceptable within a given culture. Availability refers to the possibilities
either for feeding oneself directly from productive land or other natural
resources, or for well-functioning distribution, processing and market
systems that can move food from the site of production to where it is
needed in accordance with demand. ‘Free from adverse substances’ sets
requirements for food safety and for a range of protective measures by
both public and private means to prevent contamination of foodstuffs
through adulteration and/or through bad environmental hygiene or
inappropriate handling at different stages throughout the food chain; care
must also be taken to identify and avoid or destroy naturally occurring
toxins.
Cultural or consumer acceptability implies the need also to take into
account, as far as possible, perceived non nutrient-based values attached
to food and food consumption and informed consumer concerns regarding
the nature of accessible food supplies.
The accessibility: The accessibility of such food in ways that are sustainable
and that do not interfere with the enjoyment of other human rights.
Accessibility encompasses both economic and physical accessibility.
Economic accessibility implies that personal or household financial costs
associated with the acquisition of food for an adequate diet should be
at a level such that the attainment and satisfaction of other basic needs
are not threatened or compromised. Economic accessibility applies to any
acquisition pattern or entitlement through which people procure their food
and is a measure of the extent to which it is satisfactory for the enjoyment
of the right to adequate food. Socially vulnerable groups such as landless
persons and other particularly impoverished segments of the population
may need attention through special programmes.
Physical accessibility implies that adequate food must be accessible to
everyone, including physically vulnerable individuals, such as infants and
young children, elderly people, the physically disabled, the terminally ill
and persons with persistent medical problems, including the mentally
21