RE: Legal developments in the progressive realization of right to adequate food

Franz Erwin Oberarzbacher Mexico

For the discussion in the Forum, I am pleased to send you three contributions (in Spanish) regarding the Right to Food:

The first one approaches the right to food as a complex social right that hast to be disaggregated so to understand its implications more properly: a right not only to receive food (when it is really needed) and not only not to be hungry, but also one that requires certain regulation in all the productive chain: production, distribution and consumption.   

See link to: "El derecho a la alimentación adecuada: hacia el desdoblamiento integral de un derecho fundamental complejo"

The second one assumes that the right to food is a right that can be litigated at the courts. Analyzing some standards that the courts could adopt whenever they have to solve a case of this type, the article concludes that such standards (in general set down by the international human rights law) have direct implications in the way public policies must be advanced by the Executive and Legislative branches in order for them not to be declared unconstitutional.

See link to: "El derecho a la alimentación adecuada: una visión comparada de revisión judicial y valoración de políticas públicas"

The third one is a project that is to be presented soon in the Mexican Senate. This project was generated in the context of the Parliamentary Front Against Hunger, Chapter Mexico (Frente Parlamentario Contra el Hambre, Capítulo México).  

See link to: "Ley General del Derecho a la Alimentación Adecuada. 7 de abril de 2014"

This three contributions might serve as an introduction to the topic, as a way to understand how important the role of the courts could be in determining what is the minimum core of the right to food and in protecting it. Also this could serve as a concrete example of how can this complex and fundamental right can be regulated on its basis.


Franz Erwin Oberarzbacher