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Right to Food Core Glossary

Right to Food Core Glossary

This Core Glossary contains explanations of concepts relevant to the Right to Food field. It contains a small working vocabulary and definitions for important or frequently encountered concepts. It includes terms widely used in FAO's publications, official reports, and specialized books.

 

Accountability
Accountability can be defined as the obligation of power-holders to account for or take responsibility for their actions. In the right to food context, four main types of accountability mechanisms based on the nature of the forum are of particular relevance: political, administrative, legal and social.
  • Political accountability is a proactive process by which public officials inform about and justify their plans of action, their behaviour and results and are sanctioned accordingly. The election mechanism, in principle, ensures political accountability.
  • Administrative accountability mechanisms include offices within agencies or ministries and practices within administrative processes designed to ensure that the decisions and actions of public officials account for the interest of the citizens.
  • Legal accountability is the most unambiguous type of accountability, as the legal scrutiny will be based on detailed legal standards, stipulated by constitutions, legislative acts, decrees, rules, codes, and other legal instruments that proscribe actions that public officials can and cannot take and how citizens may take action against those officials whose conduct is considered unsatisfactory.
  • Public or social accountability is an approach towards building accountability that relies on civic engagement, i.e. in which it is ordinary citizens and/or civil society organizations who participate directly or indirectly in exacting accountability. Social Accountability mechanisms refer to a broad range of actions (beyond voting) that citizens, communities and civil society organizations can use to hold government officials and bureaucrats accountable.

For more information:
http://siteresources.worldbank.org/PUBLICSECTORANDGOVERNANCE/
Resources/AccountabilityGovernance.pdf

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Benchmarks
Benchmarks are set by international human rights standards for measuring the progressive realisation of specific human rights of certain individuals, groups or communities.
States can set benchmarks as mid-term goals against which to monitor achievements and progress over time.

Benchmarks are important as part of mechanisms with which right holders can hold duty bearers accountable for poor progress and lack of achievement. Benchmarks can be formulated in relation to outcome, structural and process indicators, and are usually expressed as a quantitative and verifiable goal to be achieved at a specific point in time. They should be assessed periodically to examine whether states' capacities and use of available resources are adequately taken into consideration, i.e. whether the set benchmarks are realistic, or require adjustments (either up or down).

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Civil, cultural, economic, political and social rights
Civil, cultural, economic, political and social rights are human rights, which are the most fundamental rights of human beings. They define relationships between individuals and power structures, especially the state. Although it has been – and sometimes still is – argued that civil and political rights, also known as the “first generation rights”, are based on the concept of non-interference of the State in private affairs, whereas economic, social and cultural rights – or “second generation” - rights require the State to take positive action, it is today widely acknowledged that, for human rights to become a reality, States and the international community must take steps to create the conditions and legal frameworks necessary for the exercise of human rights as a whole. The “generation” terminology harks back to language used during the cold war; nowadays, the emphasis is placed on the principles of universality, indivisibility and interdependence of all human rights.

The civil and political rights defined in the International Covenant on Civil and Political Rights (adopted in 1966, entered in force in 1976) include, inter alia, the right to self-determination; the right to life, liberty and security; freedom of movement, including freedom to choose a place of residence and the right to leave the country; freedom of thought, conscience, religion, peaceful assembly and association; freedom from torture and other cruel and degrading treatment or punishment; freedom from slavery, forced labour, and arbitrary arrest or detention; the right to a fair and prompt trial; and the right to privacy. There are also other provisions which protect members of ethnic, religious or linguistic minorities.

Some of the most significant economic, social and cultural rights are embodied in the International Covenant on Economic, Social and Cultural Rights (adopted in 1966, entered into force in 1976). They include, inter alia, rights relating to work in just and favourable conditions; to social protection; to an adequate standard of living including food, clothing and housing; to the highest attainable standards of physical and mental health; to education and to the enjoyment of the benefits of cultural freedom and scientific progress.

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Content of the right to food
According to the Committee on Economic, Social and Cultural Rights (CESCR) the normative content of the right to adequate food is as implying:

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; [and] the accessibility of such food in ways that are sustainable and that do not interfere with the enjoyment of other human rights.

Moreover, the CESCR links the concept of adequacy to availability and accessibility.
The “precise meaning of "adequacy" is to a large extent determined by prevailing social, economic, cultural, climatic, ecological and other conditions, while "sustainability" incorporates the notion of long-term availability and accessibility.”

This definition of the right to food builds on the now commonly used definition of food security and its four main pillars (see also “food security”).

Source:
General Comment 12, The Right to Adequate Food (Article 11 of the Covenant), Committee on Economic, Social and Cultural Rights, 1999. UN Doc. E/C.12/1999/5

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Duty Bearers
Under present international law, only states assume direct obligations in relation to human rights - although there are many arguments that the changing global environment ought to lead to a shift in the consideration as to what entities might legitimately constitute human rights duty bearers.

The State also bears the responsibility for protection of human rights at the level of domestic law. Thus, when incorporating human rights into domestic law it is up to the state to extend human rights duties also to non-state actors (individuals, corporations, etc.).

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Empowerment
The human rights principle of principle of empowerment means that people should have the power, capacities, capabilities and access needed to change their own lives, including the power to seek from the state remedial actions for violations of their human rights.

Source:
Guide on Legislating for the Right to Food, FAO 2008.

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Food Insecurity
A situation that exists when people lack secure access to sufficient amounts of safe and nutritious food for normal growth and development and an active and healthy life. It may be caused by the unavailability of food, insufficient purchasing power, inappropriate distribution, or inadequate use of food at the household level. Food insecurity, poor conditions of health and sanitation, and inappropriate care and feeding practices are the major causes of poor nutritional status. Food insecurity may be chronic, seasonal or transitory.
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Food Insecurity Vulnerability
Vulnerability is a probability or likelihood concept, because it can be seen as the result of: (a) the probability that a particular risk (or “hazardous event”) occurs, (b) the probability that a specific hazardous event or shock affects particular individuals, households, or groups of people, and (c) the probability that the affected household cannot withstand, or can only partially withstand, a particular risk impact. As such, the vulnerability concept can be applied to any human condition, from general wellbeing to specific disease. Here it is specifically applied to food security. The cumulative probabilities of (a) and (b) are usually termed: “exposure to risk”. Exposure to risk and capacity to withstand effectively a risk or shock are the two vulnerability dimensions that determine food insecurity outcomes.

Individuals, households, or groups of people, who are permanently food-insecure, are also highly vulnerable to greater food insecurity when a shock occurs. While those who are food secure to start off with, and have very low levels of risk exposure, and have a high capacity to withstand or to recover quickly from any adverse risk effect, will remain food secure when a shock occurs. Thus, one can think of a vulnerability continuum, with positions at different points of this continuum representing different degrees of vulnerability to food insecurity, depending on actual exposure to risks and the capacity to withstand the impact of risk. Vulnerability is thus a relative concept, i.e. some people or households are more or less vulnerable to food insecurity than others.

For more information:  http://www.fivims.org

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Food Security
“Food security exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food that meets their dietary needs and food preferences for an active and healthy life”.
(World Food Summit, 1996)

Food security is said to have four main pillars:

Availability: The availability of sufficient quantities of food of appropriate quality, supplied through domestic production or imports (including food aid).

Access: Access by individuals to adequate resources (entitlements) for acquiring appropriate foods for a nutritious diet. Entitlements are defined as the set of all commodity bundles over which a person can establish command given the legal, political, economic and social arrangements of the community in which they live (including traditional rights such as access to common resources).

Utilization: Utilization of food through adequate diet, clean water, sanitation and health care to reach a state of nutritional well-being where all physiological needs are met. This brings out the importance of non-food inputs in food security.

Stability: To be food secure, a population, household or individual must have access to adequate food at all times. They should not risk losing access to food as a consequence of sudden shocks (e.g. an economic or climatic crisis) or cyclical events (e.g. seasonal food insecurity). The concept of stability can therefore refer to both the availability and access dimensions of food security.

Source:
ftp://ftp.fao.org/es/ESA/policybriefs/pb_02.pdf

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Food Sovereignty
The food sovereignty concept was developed by the NGO/CSO community and social movements. There exist various definitions of food sovereignty. One of the most widely accepted is the definition provided in the Nyéléni Declaration on Food Sovereignty, adopted by the recent Food Sovereignty Forum (Sélingué, Mali, 27 February 2007). It defines food sovereignty as “the peoples', Countries’ or State Unions' right to define their agricultural and food policy, without any dumping vis-à-vis third countries” and  “the right of peoples to healthy and culturally appropriate food produced through ecologically sound and sustainable systems.”
The Declaration is not a legal document but a manifesto adopted by the forum of civil society organisations.

According to the Nyéléni Declaration on Food Sovereignty, food sovereignty includes:

  • prioritizing local agricultural production in order to feed the people, access of peasants and landless people to land, water, seeds, and credit. Hence the need for land reforms, for fighting against GMOs (Genetically Modified Organisms), for free access to seeds, and for safeguarding water as a public good to be sustainably distributed.
  • the right of farmers, peasants to produce food and the right of consumers to be able to decide what they consume, and how and by whom it is produced.
  • the right of Countries to protect themselves from too low priced agricultural and food imports.
  • agricultural prices linked to production costs: they can be achieved if the Countries or Unions of States are entitled to impose taxes on excessively cheap imports, if they commit themselves in favour of a sustainable farm production, and if they control production on the inner market so as to avoid structural surpluses.
  • the populations taking part in the agricultural policy choices.
  • the recognition of women farmers' rights, who play a major role in agricultural production and in food.

Source:
http://www.nyeleni2007.org/IMG/pdf/Foodsov_triptico_english-2-2.pdf

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Hidden Hunger
Hidden hunger refers to sustained deficiency in vitamin and mineral intake in relation to a person's requirements. The most prevalent deficiencies globally are in intakes of iron, iodine and vitamin A. It is estimated that worldwide about 2 billion people suffer from iron deficiency (the vast majority are women and children), over 1.5 billion from iodine deficiency and 800 million from vitamin A deficiency. These deficiencies can be present even when daily energy intakes are adequate. It is referred to as "hidden" because often there are no visible signs (in mild to moderate cases), and the persons suffering from these deficiencies are unaware or do not have enough information to identify physical symptons associated with these deficiencies (in more severe cases).
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Human Dignity
Human dignity refers to the absolute and inherent worth that people have simply because they are human, not by virtue of any social status or particular powers. Human dignity requires public authorities to ensure that measures affecting people’s livelihoods and capacity to realise their right to food are not carried out in a way that goes against human dignity.

The concept of human dignity is also of particular importance for people needing special care, such as infants, persons with disabilities and the elderly.

Source:
Guide on Legislating for the Right to Food, FAO 2008.
Human Rights: Between Idealism and Realism, Christian Tomuschat, p. 3, 2003.

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Human rights-based approach
There is no one source that defines human rights based-approaches, nor is there a uniform approach.

While these definitions are generally based on international human rights norms (taken from the UDHR and international human rights treaties), concepts from other discourses are also imported - ethics (notions of equity), good governance (rule of law), development and social justice (inclusion).

The UN system undertook an internal review and analysis of what each agency meant by a human rights-based approach, which led in 2003 to its issuance of a “common understanding,” intended to frame all UN agency development cooperation and programming. Its elements (or pillars) are:

  • All programs should intentionally further international human rights
  • All development efforts, at all levels or programming, are guided by human rights standards and principles found in international human rights law.
  • All development efforts must build capacity of “duty bearers” to meet obligations and/or “right holders” to claim rights.

In other words, all parts of the UN system that claim to be implementing a rights-based approach should be working towards the realization of human rights as articulated in international human rights law, informed by a range of human rights principles, and fostering human rights capacity in all relevant actors.

FAO generally refers to the principles of participation, accountability, non-discrimination, transparency, human dignity, empowerment and the rule of law (see PANTHER)

Source:
http://www.undp.org/governance/docs/HR_Guides_CommonUnderstanding.pdf
http://data.unaids.org/Topics/Human-Rights/hrissuepaper_rbadefinitions_en.pdf  

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Hunger
No internationally recognized legal definition of hunger exists. However, it is today widely accepted that it goes beyond a minimum calorific package sufficient to prevent death by starvation. The term ‘starvation’ refers to the most extreme form of hunger; death by starvation is the end result of a chronic, long-lasting and severe period of hunger; it is ultimate evidence of protracted right to food violation.

The “fundamental right to be free from hunger” is recognized in paragraph 2 of article 11 of the International Covenant on Economic, Social and Cultural Rights, in addition to the right to adequate food in paragraph 1. The former is thus often referred to as a minimum content or minimum obligation of State Parties to the Covenant.

The concept of hunger is commonly used for situations of serious food deprivation as well as for different forms of undernutrition, including a shortfall in access to sufficient food or in essential components of nutritionally necessary food making an impact on the normal physical or mental capacity of the person, or group of persons. Independent of any formal definition, it is clear that hunger negatively affects people’s health, productivity and overall well-being and has detrimental effects on children leading to stunted growth, decreased physical and mental capacities, hindering foetal development and contributing to mental retardation.

Over an extended period, hunger is likely to lead to malnutrition and is usually the consequence of extreme food insecurity. People may be food insecure without being hungry, however. For example, food insecurity may refer to a continuous concern about acquiring sufficient food that not necessarily results in a sharp reduction in daily food intake. In developing countries, the reduction in food intake as a result of food insecurity among the poor normally means that people are hungry. Hunger has also been described in terms of degrees of severity, i.e. the extent to which people are forced to reduce their daily food intake.

Source:
Eide, A. A note on the content of ’freedom from hunger’ in ICESCR Article 11, working document 15.19.2007
Kennedy, E. Qualitative measures of food insecurity and hunger. In: Proceedings – Measurement and Assessment of Food Deprivation and Undernutrition. International Scientific Symposium, Rome June 2002. FAO, 2003 (pages 165-180).

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Indicators

    There are several types and categories of indicators: Outcomes, Process and Structural Indicators. The following explains each one in turn.

  • Outcome Indicators

Outcome indicators provide summary information on the extent of realisation of a human right. These indicators assess the status of the population's enjoyment of a right, and thus measure the results achieved by means of policies, programmes, projects, community actions, and others. Indicators that measure the various components of the core content of the right to adequate food are outcome indicators. Outcome indicators measure the state's obligations of result.

As there may be a series of processes contributing to a single outcome, it becomes useful to make a distinction between process and outcome indicators. Example: if adequacy of dietary intake is used as an outcome indicator, it might be useful to look at process indicators on food safety, income generation, nutrition education, that are linked to producing this particular outcome.

  • Process Indicators:

Process indicators provide information on the processes by which human rights are implemented, specifically through laws, policies, programmes, regulatory measures, etc. They are designed to assess how, and to what degree, activities necessary to attain objectives specific to certain rights are put into practice, and the progress of these activities over time. Process indicators capture: (i) the quality of a process in terms of its adherence to the key human rights principles (is the process non-discriminatory, accountable, participatory and empowering, and can duty bearers be held accountable?), and (ii) the type of policy instruments, and public resource allocations and expenditures invested to further the progressive realisation of a specific right. As with structural indicators, process indicators measure aspects of the state obligations of conduct.

Examples within the context of the right to adequate food include: land and environmental laws conducive to efficient food production by smallholder farmers, food safety and consumer protection laws and regulations, food and nutrition programmes targeted at vulnerable population groups, rural infrastructure programmes, targeted food prices subsidies, and improving access to food among the resource-poor by means of income generation programmes.

  • Structural Indicators:

Structural indicators measure whether or not appropriate legal, regulatory and institutional structures, which that are considered necessary or useful for the realisation of a human right, are in place,. They refer to national law, constitutions, regulations and legal, policy frameworks and institutional organisation and mandates. Examples include: the legal status of the right to food, and of related rights such as to health and to education, mandates of institutions with responsibilities for the core content of the right to adequate food, food security and nutrition policies and strategies, etc. Most structural indicators are qualitative in nature, and a number of structural indicators may be evaluated by a simple "yes" or "no" answer, e.g. if a particular law or policy is in place or not. However, sometimes these yes/no answers need follow-up questions and additional clarification, to capture qualitative dimensions of the law or policy. An example of this is whether the food security and nutrition policy specifically targets food insecure and vulnerable groups, and if policy measures are adequate to address the underlying causes of food insecurity and vulnerability in those groups. Structural indicators monitor the state obligations of conduct, i.e. the effort the government has expanded towards the realisation of a human right.  (see also Obligations).

Source:
Methods to Monitor the Human Right to Adequate Food, FAO, 2008

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Justiciability
The notion of justiciability generally refers to the capacity of a right to become subject to a dispute before a judicial or quasi-judicial organ and be enforced. Being a justiciable right means that an individual has a possibility to complain before a court or other independent authority about an alleged violation of his or her human right, and obtain adequate remedy in case the competent authority has determined that there has actually been a violation of the right in question. The remedy can be in form of restitution, financial compensation, non-repetition, or even just a declaration of a violation.

Source:
Guide on Legislating for the Right to Food, FAO 2008.

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Malnutrition
Malnutrition essentially means “bad nourishment”. It encompasses overnutrition as well as undernutrition (see – Undernutrition). It concerns not only the quantity and quality of food (not having enough food, having too much food or the wrong types of food), but also the body’s response to a wide range of infections that result in mal-absorption of nutrients or the inability to use nutrients properly to maintain health.

People are malnourished if they are unable to utilize fully the food they eat, for example due to diarrhoea or other illnesses (secondary malnutrition), if they consume too many calories (overnutrition), or if their diet does not provide adequate calories and protein for growth and maintenance (undernutrition or protein-energy malnutrition). Malnutrition in all its forms increases the risk of disease and early death

Source:
Turning the tide of malnutrition: Responding to the challenge of the 21st century, WHO/NHD/00.7.

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Margin of discretion
While state is under a duty to act and is accountable to the international community for its implementation of the right to food, it has a margin of discretion as to the manner in which it fulfils its obligations under this right. In other words, it is up to each State Party to the ICESCR to decide about what kind of measures will be the most appropriate to ensure the realization of the right to food of its inhabitants. The margin of discretion given to states acknowledges and takes into account the many cultural, historical, religious, economic and development differences between states having the same legal obligations. It does not mean that a state is free to pick and choose which rights to implement, or that it might ignore the rights of a particular section of the community.
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Monitoring
Generally speaking, monitoring is the process of systematically tracking and assessing state performance against clear benchmarks and targets.

The Right to Food Unit at FAO has developed a working definition of human-rights based monitoring as a process consisting of “periodic collection, analysis and interpretation, and dissemination of relevant information to assess the progress in the realization of the right to adequate food among all members of society, and whether this is achieved in ways compatible with human rights principles and approaches”.
In the right to food context, two main kinds of monitoring can be distinguished: “technical” monitoring that refers to collecting monitoring information on food security issues, and human rights monitoring, which refers to evaluating the realization of the right to food.

Human rights monitoring can take two main forms:

a) monitoring government’s willingness and effort - expressed through adoption of primary and subsidiary legislation, regulations, policies, programmes, projects etc. - to implement the right to food; and

b) monitoring the degree to which the right to food is effectively enjoyed by the people and the impacts of national, local and community measures designed to contribute to the realization of the right to food.

Source:
Methods to Monitor the Human Right to Adequate Food, FAO, 2008

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Non-Discrimination
The principle of non-discrimination is one of the fundamental principles of international human rights law. It requires that the level of protection of the guaranteed right to food be objectively and reasonably the same for every person.

Discrimination consists in any distinction, exclusion or restriction made on the basis of race, colour, sex, age, language, religion, political or other opinion, national or social origin, property, birth or other status, or any other ground, which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by an individual or group of the right to food.

Direct discrimination is considered to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation, because of any of the grounds previously referred to (e.g. sex, age, religion). Indirect discrimination occurs where an apparently neutral provision, criterion or practice would put persons having a particular religion or belief, a particular disability, a particular age or other status at a disadvantage compared with other persons.

True equality can only emerge from efforts directed towards addressing and correcting these situational imbalances. In this sense, the prohibition of discrimination is without prejudice to the maintenance or adoption of measures intended to prevent or compensate for disadvantages suffered by a person or group of persons on the basis of any of the possible discrimination grounds. Such measures are also called “affirmative action”, “positive action” or “positive discrimination” measures.

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Non-retrogression
The principle of non-retrogression requires that the norms already adopted should not be removed at a later date – in other words, states should not go backwards in the standards of protection of human rights ensured to individuals.
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Non-State actors
All members of society – individuals, groups, communities, non-governmental organizations and private sector – have responsibilities with regard to the realization of human rights. This responsibility is based on the general principle guaranteeing all human beings equal rights.  Responsibility of non-State actors is not legal. Generally, only States as Parties to international human rights treaties are legally obliged to ensure that all persons under their jurisdiction freely enjoy guaranteed human rights.

Responsibility of individuals and of other members of society with respect to the realization of the right to food is related to actions and their consequences in social relations. In the context of the realization of the human right to food, every individual is due, inter alia, not to over-consume, not to waste or contaminate food and food sources, and not to impede access to common food resources for all others.

Under traditional human rights law, transnational corporations cannot be held directly accountable for violations of human rights. In recent years, there has been an increased effort to ensure that also corporations respect and comply with human rights, independently of the laws, regulations or policies of the host government. While the question is still under debate, a number of international texts has been adopted which are addressed to corporations themselves and which specifically call for human rights to be respected by transnational corporations.These are notably, the OECD Guidelines for Multinational Enterprises (DAFFE/IME/WPG (2000) 15 Final (OECD, Paris, 2001), the UN Global Compact of 2000 (http://www.globalcompact/AboutTheGC/The NinePrinciples/prin2.htm) and the UN Sub-Commission on Human Rights Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (UN doc. E/CN.4/Sub.2/2003/12/Rev.2 (2003)).

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Nutrition Security
Nutrition security means not only that people consume enough calories and nutrients, but that their diet is well-balanced and of good quality. To use nutrients efficiently, a person must be well cared for and relatively free of disease. Nutrition security thus depends among other, on food security, disease prevention and control, health care, and adequate provision of care at individual, household and community levels. An optimal nutrition condition is relative to age, desired life style, and physiological condition, and covers both quantitative (dietary energy requirements) and qualitative (protein, mineral and vitamin requirements) aspects.

Nutrition insecurity can be either chronic (at all or at most times), seasonal or transitory. Persons can be nutritionally insecure due to food insecurity, or due to non-food causes, such as poor health and sanitation conditions that result in certain diseases that affect the absorption of food by the body. Ensuring nutrition security means ensuring the enjoyment of the right to adequate food and of the right to health.

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Obligations

Obligations with regard to human rights are spelt out in international human rights treaties: under the terms of the International Covenant on Economic, Social and Cultural Rights, States Parties have to take concrete steps to progressively achieve full realization of rights established therein, without discrimination of any kind.

The precise obligations of states vary from treaty to treaty but in general, States obligations to implement human rights are said to be of three main categories:

  • to respect: not to interfere with the exercise of a right;
  • to protect: ensuring others do not interfere with the right, primarily through effective regulation and remedies for established infringements;
  • to fulfil: facilitating access to rights, promoting rights and providing for those who are unable to provide for themselves.

In the context of human right to food, the obligation to provide is seen as a last resort, usually in emergency situations, when the right to life is in jeopardy, as well as for individuals suffering from disability, ill health or old age.

International law generally distinguishes between obligations of result and obligations of conduct. Obligations of conduct require specific actions to be undertaken or omitted, whereas obligations of result focus on the final outcome. In the context of the right to food, the obligations of conduct are to respect, protect and fulfil the right to food. The obligation of result refers to the right to food being realized.

Source:
General Comment 3, The Nature of States Parties Obligations (Art. 2, par.1), Committee on Economic, Social and Cultural Rights, 14/12/90
General Comment 12, The Right to Adequate Food (Art. 11), Committee on Economic, Social and Cultural Rights, UN Doc. E/C.12/1999/5

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Overnourishment
Overnourishment means a daily energy intake that consistently exceeds energy requirements, leading to people being overweight or obese. Obesity is associated with risk of chronic diseases, such as high blood pressure, diabetes, etc. Children and adults, whose body weight significantly exceeds their normal weight for an extended period, are thus overnourished. Dietary energy requirements of an individual are determined by the energy needs for normal body functions, and by energy needs to maintain good health and normal activity levels. Dietary energy requirements vary with age, gender and life style. They also vary between individuals of the same age and gender, as life styles and activity levels vary. At the same time, as life styles and activity levels change over time for the same person, so do her/his daily energy requirements, including for short periods of time, such as in seasonal agricultural labour.
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PANTHER
Acronym and memory hook developed by FAO for the human rights principles of participation, accountability, non-discrimination, transparency, human dignity, empowerment and the rule of law. (see separate entries for each).
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Participation
The principle of participation means that people should be able to determine their own well-being and participate in the planning, design, monitoring and evaluation of decisions affecting them. Individuals must be able to take part in the conduct of public affairs, including the adoption and implementation of state policies. The right to participate is guaranteed by several human rights instruments, for instance Article 25 of the International Covenant on Civil and Political Rights

Participation should be active, free and meaningful whether it is exercised directly or through intermediary organizations representing specific interests.

A human rights-based approach requires both, the participatory formulation of the needed policy and legislative framework, and ensuring that participatory and democratic processes are institutionalized locally and nationally (including through capacity-building among families, communities and civil society to actively participate in relevant forums).

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Progressive Realization

The obligation to “progressively realize” guaranteed human rights (Article 2 ICESCR) acknowledges that some of the rights, including the right to food may be difficult in practice to achieve in a short period of time, and that states may be subject to resource constraints, but requires them to act as best they can within their means. This does not mean that states may defer indefinitely efforts to ensure the enjoyment of the right to food. They have a duty to continuously “move as expeditiously and effectively as possible” towards full realization of the right to food for all. It also rules out deliberately regressive measures which impede that goal.

Although the term ‘progressive achievement’ is used, the obligation to guarantee some rights in the ICESCR is immediate. The obligations not to discriminate and to ensure the fundamental right to be free from hunger for everyone are not subject to the standard of progressive realization: they take immediate effect.

Source:

General Comment 3, The Nature of States Parties Obligations (Art. 2, par.1), Committee on Economic, Social and Cultural Rights, 14/12/90.

 

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Recourse Mechanisms
A failure of the State to meet its obligations under human rights it has recognized entails its legal responsibility. The right to claim respect and protection of one’s human rights and to hold the government to account for its obligations has been accepted as a pillar of the rule of law. The term “recourse mechanisms” refers to all appropriate means of redress, or remedies that must be available to any person who considers that his or her right to food has been violated.

In case of an alleged violation of a human right, an individual can seek its protection at the national and the international level. At the national level, an optimum system of protection of the right to food (or any other human right) would involve a combination of administrative, judicial and quasi-judicial system of protection and enforcement. At the international level, rights can be upheld through international human rights complaint mechanisms when such mechanism exists. Before addressing an international human rights complaint mechanism (e.g. European Court of Human Rights, Inter-American Commission of Human Rights), it is necessary first to exhaust all legal remedies available at the country level.

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Rights Holders
Human rights treaties are a special category of international legal agreements insofar as individuals (and not other states) are right-holders while the main bearers of obligations flowing from the rights recognized therein are the state parties to these treaties. In the context of the right to food, this means that every person – women, man, and child - has the right to access adequate food or means for its procurement.
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Remedy
There cannot be right without a remedy. A person who considers that his or her right to food has been violated has the right to complain about such violation and to obtain adequate remedy to redress a right once a violation has been found. The remedy can be in form of restitution, financial compensation, non-repetition, or even just a declaration of a violation.
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Rule of Law
Although there is no internationally agreed definition of the rule of law, some common elements can be identified. One key element is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed and accessible laws adopted and enforced in conformity with established procedures. This principle is intended to be a safeguard against arbitrary use of state authority and lawless acts of both organizations and individuals.

The rule of law also means that no person or body can breach the law with impunity. Therefore, access to justice for the enforcement of the right to food must be ensured at the national level. Access to justice includes the right to an “effective remedy” for anyone whose rights are violated as well as the guarantee of due process in all legal proceedings.

Human rights are seen as a component of the rule of law, and vice versa.

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Transparency
Transparency refers to open access by the public to timely and reliable information on the decisions and performance of public authorities. Holders of public office should be as open as possible about all the decisions and actions that they take that may affect the free exercise of the right to food. The right-holders must be provided with essential information about the decision-making process and who is accountable and responsible for what.
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Undernourishment
Food intake that is insufficient to meet dietary energy requirements continuously.

Source:
FAO. 2002. Measurement and Assessment of Food Deprivation and Undernutrition, International Scientific Symposium, Rome, 26-28 June 2002, Glossary, available at
http://www.fao.org/docrep/005/Y4249E/y4249e0m.htm#bm22..3.5

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Undernutrition
Undernutrition is a general term that indicates a lack of some or all nutritional elements necessary for human health. The World Food Programme defines it as a state in which the physical function of an individual is impaired to the point where he or she can no longer maintain natural bodily capacities such as growth, pregnancy, lactation, learning abilities, physical work and resisting and recovering from disease. The total amount of energy and protein needed by an individual varies greatly according to age, sex, body size, the amount of physical activity and, to some extent, climate conditions. Extra energy is needed during pregnancy and lactation.

The term undernutrition covers a range of problems from being dangerously thin (underweight) or too short for one's age (stunting) to being deficient in vitamins and minerals. Each form of malnutrition depends on what nutrients are missing in the diet, for how long and at what age. The most basic kind of undernutrition is called protein energy deficiency. It results from a diet lacking in energy and protein because of a deficit in all major macronutrients, such as carbohydrates, fats and proteins. Protein-energy deficiency is by far the most lethal form of malnutrition and the one referred to when world hunger is referred to. Children are its most visible victims.

Other forms of undernutrition are less visible but no less deadly. They are usually the result of deficiencies in the nutritional quality of food being consumed. Quite a few micronutrients are important for health, perhaps the most important being iron, vitamin A and zinc. Deficiencies in these are ranked by WHO among top 10 leading causes of death from disease in developing countries. Outcomes of micronutrient deficiencies include impaired growth and cognitive development, poor birth outcomes, anaemia and blindness.

Sources:
http://www.fivims.net/glossary.jspx?show_result=true?lang=en http://www.wfp.org/aboutwfp/introduction/hunger_what.asp?section=1&sub_section=1
http://www.unicef.org/progressforchildren/2006n4/
http://www.worldhunger.org

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Violation of the right to food
Violation of a human right arises from the failure of a State to comply with its obligations under that right. Compliance with the right to food includes not only incorporating it in domestic legal system but also effectively adhering to it in practice. Violation can occur through acts of commission (by a States or other entities insufficiently regulated by states) or acts of omission (omission or failure of States to take necessary measures stemming from legal obligations).

Violation can concern duties to respect, protect or fulfil rights. It is important to distinguish the inability from the unwillingness of a state to comply with the right to food: where non realization of the right to food is a result of inability (where there are genuine resource constrains or circumstances beyond the control or outside the knowledge of the state), a state cannot be said to have violated this human right.

Source:
General Comment 12, The Right to Adequate Food (Art. 11), Committee on Economic, Social and Cultural Rights, UN Doc. E/C.12/1999/5

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Vulnerable Groups
In both the human rights and food security fields, the term “vulnerable groups” refers to groups of persons who, owing to physiological, socio-political and socio-economic reasons, cannot enjoy their human rights as fully as others or suffer from food insecurity or are at risk of becoming food insecure. The term “disadvantaged groups” is sometimes used as a synonym. Vulnerable groups include indigenous peoples, ethnic, linguistic or religious minorities, elderly people, persons with disabilities, individuals living with HIV/AIDS and refugees and internally displaced people. Women and children are also often included as vulnerable groups. Other vulnerable groups, defined by livelihood characteristics, include urban poor, rural landless or smallholder farmers. Some of these livelihood groups can be further sub-divided, for example, into urban casual workers, street hawkers, rural seasonal workers, subsistence farmers with less than two acres in mountainous areas, etc.

Under international human rights law, States have the immediate duty to prioritize the most vulnerable persons and groups who face the greatest difficulties in realizing their rights.

For more information: http://www.fivims.org

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