全球的食物权

  玻利维亚

The Constitution of the Plurinational State of Bolivia explicitly guarantees the right to adequate food.

The Plurinational State of Bolivia has become a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1982 by way of accession. It has ratified the Optional Protocol (OP-ICESCR) in 2012.

CONSTITUTIONAL RECOGNITIONS OF THE RIGHT TO ADEQUATE FOOD

Explicit protection of the right to adequate food

Article 16:
I. Every person has the right to water and food.
II. The State has the obligation to guarantee food security, by means of healthy, adequate and sufficient food for the entire population.” 

National status of international obligations

Article 13.I: "The rights recognized in this Constitution are inviolable, universal, inter-dependent, indivisible and progressive. The State has the duty to promote, protect and respect them.

Article 13.II: "The rights declared in this Constitution shall not be understood to deny other rights that are not enumerated."

Article 13.III: "The classification of the rights established in this Constitution does not determine any hierarchy or superiority of some rights over others."

Article 13.IV: “International treaties and conventions ratified by the Pluri-National Legislative Assembly (Asamblea Legislativa), which recognize human rights and prohibit their limitation in States of Emergency, prevail over internal law. The rights and duties consecrated in this Constitution shall be interpreted in accordance with the International Human Rights Treaties ratified by Bolivia.” 

Article 14.III: “The State guarantees everyone and all collectives, without discrimination, the free and effective exercise of the rights established in this Constitution, the laws and international human rights treaties.” 

Article 256.I: “The international treaties and instruments in matters of human rights that have been signed and/or ratified, or those that have been joined by the State, which declare rights more favorable than those contained in the Constitution, shall have preferential application over those in this Constitution.”

Article 257.I: “Ratified international treaties are part of domestic law with the force of law.”

Article 410.I: " Every person, natural and legal, as well as public organs, public functions and institutions, are subject to the present Constitution."

Article 410.II: "The Constitution is the supreme norm of Bolivian law and enjoys supremacy before any other normative disposition. The components of constitutional law include the international Treaties and Conventions in the matter of human rights and the norms of Communitarian Law, which have been ratified by the country. The application of the legal norms shall be governed by the following hierarchy, in accordance with the authority of the territorial entities: 1. Constitution of the State; 2. International treaties; 3. National laws, statutes of the autonomies, organic charters and the other departmental, municipal and indigenous legislation; 4. Decrees, regulations and other resolutions issued by the corresponding executive organs."

Other pertinent provisions for the realization of the right to adequate food

Article 9: “The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law:   

1. To construct a just and harmonious society, built on decolonization, without discrimination or exploitation, with full social justice, in order to strengthen the Pluri-National identities.

2. To guarantee the welfare, development, security and protection, and equal dignity of individuals, nations, peoples, and communities, [...]”

Article 35.I: “The State, at all levels, shall protect the right to health and promote public policies designed to improve the quality of life, the collective well being, and free access of the population to health services” 

Article 35.II: "The health system is unitary and includes traditional medicine of the nations and the rural native indigenous peoples."

Article 46.I: “Every person has the following rights:
1. To dignified work, with industrial and occupational health and safety, without discrimination, and with a fair, equitable and satisfactory remuneration or salary that assures a dignified existence for the worker and his or her family.”

INTERNATIONAL INSTRUMENTS

Universal Declaration of Human Rights (UDHR) – 1948

International Covenant on Economic, Social and Cultural Rights (ICESCR) – 1966

Status: Accession (1982)

Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) – 1979

Status: Ratification (1990)

Convention on the Rights of the Child (CRC) – 1989

Status: Ratification (1990)

Convention on the Rights of Persons with Disabilities (CRPD) – 2006

Status: Ratification (2009)

承认足够食物权的立法和政策

粮农组织理事会通过的并得到世界粮食安全委员会认可的《食物权准则》提供了关于如何在国家粮食安全背景下逐步实现充足食物权的指南。

考虑到可以通过各种法律和政策行动来实现获得充足食物的人权,我们邀请您访问 FAOLEX国家概况数据库, 其中收集了已经在国家一级采取的各种措施。您可能会发现一些文件是与某些相关准则相关的法规和政策,例如与获取资源和资产的准则(准则8)相关的措施,与食品安全和消费者保护准则(准则9)相关的措施,与对弱势群体的支持(准则13)相关的措施,以及与自然灾害和人为灾难(准则16)相关的措施。

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