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Book (series)Legal developments and progressive realization of the right to adequate food
Right to Food Thematic Study 3
2014Also available in:
No results found.Legal developments in the progressive realization of the right to adequate food thematic study explores the significant legal advances of the right to food since the adoption of the Voluntary Guidelines to support the progressive realization of the right to adequate food in the context of national food security (Right to Food Guidelines) in 2004. While not legally binding as such, the Right to Food Guidelines, particularly Guideline 7, provide guidance on strengthening legal frameworks for the p rogressive realization of the right to food. The study examines the explicit and implicit recognition of the right to food in national constitutions. While these are highly significant and can provide grounds for litigation, constitutional provisions alone do not provide precise instructions on the different issues that are relevant to the right to food. Adoption of framework laws or specific food security legislation can establish an institutional structure and develop further what action shou ld be taken and how decision-making processes are organized. Sectoral legislation is also necessary to regulate public and private actors in the different fields, as illustrated in the study. With the overview of the various developments at the legislative level, the study proceeds to examine judicial developments related to the right to food. Through the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights the right has become justiciable at the international level and as a matter of international law. There have also been notable jurisprudential developments on the right to food in recent years. The study cites court cases from a number of different countries with different legal systems, as well as cases from regional human rights instances. The cases cited illustrate how the right to food has been interpreted and how it can be enforced. -
Policy briefCarbon rights in the context of jurisdictional REDD+: Tenure links and country-based legal solutions
Information brief
2022Also available in:
No results found.This info-brief summarized key findings and presents case studies related to the status quo of REDD+ countries’ legislation and existing arrangements related to carbon rights, in light of relevant international schemes and standards. So far, claims to participate in REDD+ are often based on the concept of ‘carbon rights’ or `emissions reductions title´, and clear and “uncontested” entitlement to REDD+ results is often a condition for accessing Result-based-Payments (RBPs). However, as there is no one internationally adopted definition of carbon rights or ERs title, emphasis is made on the requirements established by international standards/schemes for REDD+ countries to progress in legislating on the matter. The brief also identifies challenges as countries are progressing in finding legal solutions to clarify carbon and benefit rights, summarizing preliminary key findings and case studies that will be included in the UN-REDD global study on carbon rights which will be finalized in May 2022 (ready for review). In general terms, legislation only rarely directly regulates emission reduction titling or entitlements to REDD+ benefits. In these cases, forest tenure and ownership of forest resources often provides a basis to understand also who owns carbon stored in forests and who can claim REDD+ benefits. Overall, more clarity surrounding emission reduction rights is often still needed, as a more stable enabling environment that affords legal protection to contracting parties would stimulate investments in REDD+, and protect vulnerable groups. Legal solutions will often go hand-in-hand with discussion on benefit sharing, and on necessary infrastructure such as registries for mitigation actions – or for transferring carbon credits. -
DocumentReview of the legislative framework and jurisprudence concerning the right to adequate food in Nepal 2014
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The Review of the legislative framework and jurisprudence concerning the right to adequate food in Nepal discusses overarching aspects of Nepalese law and jurisprudence dealing with the human right to food. Following a brief discussion of the international legal protection of the right to food in Nepal, the review, in particular provides a critical assessment of constitutional as well as legislative provisions and offers a thorough analysis of Supreme Court jurisprudence pertaining to the right to food. In addition to judicial remedy, the review also covers non-judicial means of remedy against the violation of food rights. This review comes at an opportune moment in the sense that Nepal's constitution-making process is yet to be completed and there are also a number of ongoing legislative and policy initiatives towards protection and promotion of the right to food. This review provides detailed knowledge to concerned stakeholders on normative and implementation gaps in relation to the right to adequate food. With the view of assisting Nepal in this process, the review also offers a set of concrete recommendations, touching upon a wide range of aspects of the human right to adequate food. This work was undertaken under the global project entitled "Integrating the Right to Adequate Food and Good Governance in National Policies, Legislation and Institutions” (GCP/GLO/324/NOR Right to Food at Country Level) run by the Right to Food Team of the FAO. The project aims to address c ountry challenges by promoting human rights-based approach in efforts to achieve food security at all levels, in legislation, policy and programme design and formulation, decision and implementation. By producing this analysis, FAO aims to assist the Government of Nepal, the Constituent Assembly, the Judiciary, the National Human Rights Institutions, and civil society organizations in their initiatives towards advancing the human right to adequate food.
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