The Right to Food around the Globe

  Argentina

The Constitution of the Argentine Republic does not explicitly guarantee the right to adequate food. 

The Argentine Republic has become a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1986 by way of ratification. It has ratified the Optional Protocol (OP-ICESCR) in 2011.

CONSTITUTIONAL RECOGNITIONS OF THE RIGHT TO ADEQUATE FOOD

National status of international obligations

Section 31: "This Constitution, the laws of the Nation enacted by Congress in pursuance thereof, and treaties with foreign powers, are the supreme law of the Nation; and the authorities of each province are bound thereby, notwithstanding any provision to the contrary included in the provincial laws or constitutions, except for the province of Buenos Aires, the treaties ratified after the Pact of November 11, 1859."

Section 75.22: “The American Declaration of the Rights and Duties of Man; the Universal Declaration of Human Rights; the American Convention on Human Rights; the International Pact on Economic, Social and Cultural Rights; the International Pact on Civil and Political Rights and its empowering Protocol; the Convention on the Prevention and Punishment of Genocide; the International Convention on the Elimination of all Forms of Racial Discrimination; the Convention on the Elimination of all Forms of Discrimination against Woman; the Convention against Torture and other Cruel, Inhuman or Degrading Treatments or Punishments; the Convention on the Rights of the Child; in the full force of their provisions, they have constitutional hierarchy, do no repeal any section of the First Part of this Constitution and are to be understood as complementing the rights and guarantees recognized herein. They shall only be denounced, in such event, by the National Executive Power after the approval of two-thirds of all the members of each House.”

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

Section 14bis: “Labor in its several forms shall be protected by law, which shall ensure to workers: dignified and equitable working conditions; limited working hours; paid rest and vacations; fair remuneration; minimum vital and adjustable wage; equal pay for equal work; participation in the profits of enterprises, with control of production and collaboration in the management; protection against arbitrary dismissal; stability of the civil servant; free and democratic labor union organizations recognized by the mere registration in a special record.[.…]”

INTERNATIONAL INSTRUMENTS

Universal Declaration of Human Rights (UDHR) – 1948

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

Status: Ratification (1986)

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

Status: Ratification (1985)

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

Status: Ratification (1990)

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

Status: Ratification (2008)

Legislation and policies recognizing the right to adequate food

Guidance on how to progressively realise the human right to adequate food in contexts of national food security has been provided by the Right to Food Guidelines, adopted by the FAO Council and endorsed by the Committee on World Food Security.

Considering that the human right to adequate food can be implemented through a variety of legal and policy actions, we invite you to visit the FAOLEX Country Profile database for a wide-ranging collection of measures that have been taken at national level. Some of the documents you may find are legislation and policies that touch on a number of relevant Guidelines, such as those on Access to resources and assets (Guideline 8), Food safety and consumer protection (Guideline 9), Support for vulnerable groups (Guideline 13) and Natural and human-made disasters (Guideline 16).

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