The Right to Food around the Globe

  Kenya

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

The Republic of Kenya has become a State party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1972 by way of accession.

CONSTITUTIONAL RECOGNITIONS OF THE RIGHT TO ADEQUATE FOOD

Explicit protection of the right to adequate food

Article 43.(1): “Every person has the right:
(c) to be free from hunger, and to have adequate food of acceptable quality

(d) to clean and safe water in adequate quantities."”

Article 53.(1): “Every child has the right:
(c) to basic nutrition, shelter and health care.”

National status of international obligations

Article 2.(5): "The general rules of international law shall form part of the law of Kenya."

Article 2.(6): “Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”

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

Article 21: 
(1) It is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
(2) The State shall take legislative, policy and other measures, including the setting of standards, to achieve the progressive realization of the rights guaranteed under Article 43.
(4) The State shall enact and implement legislation to fulfil its international obligations in respect of human rights and fundamental freedoms.”

INTERNATIONAL INSTRUMENTS

Universal Declaration of Human Rights (UDHR) – 1948

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

Status: Accession (1972)

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

Status: Accession (1984)

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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