The Right to Food around the Globe

  Ecuador

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

The Republic of Ecuador has become a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1969 by way of ratification. It has ratified the Optional Protocol (OP-ICESCR) in 2010.

CONSTITUTIONAL RECOGNITIONS OF THE RIGHT TO ADEQUATE FOOD

Explicit protection of the right to adequate food

Article 13: “Persons and community groups have the right to safe and permanent access to healthy, sufficient and nutritional food, preferably produced locally and in keeping with their various identities and cultural traditions. The Ecuadorian State shall promote food sovereignty.”

Article 32: "Health is a right guaranteed by the State and whose fulfillment is linked to the exercise of other rights, among which the right to water, food, education, sports, work, social security, healthy environments and others that support the good way of living. The State shall guarantee this right by means of economic, social, cultural, educational, and environmental policies; and the permanent, timely and non-exclusive access to programs, actions and services promoting and providing integral healthcare, sexual health, and reproductive health. The provision of healthcare services shall be governed by the principles of equity, universality, solidarity, interculturalism, quality, efficiency, effectiveness, prevention, and bioethics, with a gender and generational approach."

Article 45:  "Children and adolescents shall enjoy the rights that are common to all human beings, in addition to those that are specific to their age. The State shall recognize and guarantee life, including care and protection from the time of conception. Children and adolescents have the right to physical and psychological integrity; to an identity, name and citizenship; to integral health and nutrition; to education and culture, sports, and recreation; to social security, to have a family and enjoy peaceful coexistence with family and community; to social participation; to respect for their freedom and dignity; to be consulted in matters affecting them; to be educated as a priority in their own language and in the cultural context of their own people and nation; and to receive information about their parents or absent relatives, unless it is harmful to their well-being."

Article 66: “The following rights of persons are recognized and guaranteed:[...]
2. The right to a decent life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, sports, clothing, social security and other necessary social services”

Directive principles of state policy

Article 3: “The State's prime duties are:
1. Guaranteeing without any discrimination whatsoever the true possession of the rights set forth in the Constitution and in international instruments, especially the rights to education, health, food, social security and water for its inhabitants.[...]

5. Planning national development, eliminating poverty, and promoting sustainable development and the equitable redistribution of resources and wealth to enable access to the good way of living.” 

Article 281: “Food sovereignty is a strategic objective and an obligation of the State in order to ensure that persons, communities, peoples and nations achieve self-sufficiency with respect to healthy and culturally appropriate food on a permanent basis. [...]”

National status of international obligations

Article 10: “Persons, communities, peoples, nations and communities are bearers of rights and shall enjoy the rights guaranteed to them in the Constitution and in international instruments. [...]”

Article 417: “The international treaties ratified by Ecuador shall be subject to the provisions set forth in the Constitution. In the case of treaties and other international instruments for human rights, principles for the benefit of the human being, the nonrestriction of rights, direct applicability, and the open clause as set forth in the Constitution shall be applied.”

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

Article 33: “Work is a right and a social duty, as well as an economic right, source of personal fulfillment and the basis for the economy. The State shall guarantee full respect for the dignity of working persons, a decent life, fair pay and retribution, and performance of a healthy job that is freely chosen and accepted.“

Article 42: “All arbitrary displacement is forbidden. Persons who have been displaced shall have the right to receive protection and emergency humanitarian aid from the authorities, ensuring access to food, shelter, housing, and medical and health services. [...]”

Article 46: “The State shall adopt, among others, the following measures that safeguard children and adolescents:1. Care for children under six years of age that guarantees their nutrition, health, education and dairy care in a framework of integral protection of their rights. [...]”

Article 51: “Imprisoned persons are recognized the following rights: [...] 5. Care for their education, labor, productive, cultural, food and recreational needs.”

Article 66: “The following rights of persons are recognized and guaranteed: [...] 2. The right to a decent life that ensures health, food and nutrition, clean water, housing, environmental sanitation, education, work, employment, rest and leisure, sports, clothing, social security and other necessary social services.”

INTERNATIONAL INSTRUMENTS

Universal Declaration of Human Rights (UDHR) – 1948

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

Status: Ratification (1969)

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

Status: Ratification (1981)

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).

Here below you can find policies and legislation that explicitly mention the right to food

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