全球的食物权

  南 非

The Constitution of the Republic of South Africa explicitly guarantees the right to adequate food.

The Republic of South Africa has become a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 2015 by way of ratification.

CONSTITUTIONAL RECOGNITIONS OF THE RIGHT TO ADEQUATE FOOD

Explicit protection of the right to adequate food

Article 27: "Health Care, food, water and social security. - 
(1) Everyone has the right to have access to-
(b) sufficient food and water;
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights."

Article 28: "Children. - 
(1) Every child has the right-
(c) to basic nutrition, shelter, basic health care services and social services.”

Article 35: "Arrested, detained and accused persons.-
(2) Everyone who is detained, including every sentenced prisoner, has the right-
(e) to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.”

National status of international obligations

Article 232: “Customary international law is law in the Republic unless it is inconsistent with the Constitution or an Act of Parliament.”

Article 233: “When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.”

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

Article 1: “The Republic of South Africa is one, sovereign, democratic state founded on the following values:
(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.”

Article 7(2): “The state must respect, protect, promote and fulfil the rights in the Bill of Rights.”

INTERNATIONAL INSTRUMENTS

Universal Declaration of Human Rights (UDHR) – 1948

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

Status: Ratification (2015)

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

Status: Ratification (1995)

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

Status: Ratification (1995)

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

Status: Ratification (2007)

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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