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Прямая защита права на достаточное питание
Косвенная защита права на достаточное питание
Директивные принципы государственной политики
Национальный статус международных обязательств
Другие соответствующие положения для осуществлении права на достаточное питание
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Зимбабве

Прямая защита права на достаточное питание

Article 77: Right to food and water. - "Every person has the right to- (a) safe, clean and potable water; and (b) sufficient food; and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.”

Article 81(1): “Every child, that is to say every boy and girl under the age of eighteen years, has the right –
(f) to education, health care services, nutrition and shelter.”

Article 50.5: "[...] (d) right to conditions of detention that are consistent with human dignity, including the opportunity for physical exercise and the provision, at State expense, of adequate accommodation, ablution facilities, personal hygiene, nutrition, appropriate reading material and medical treatment)."

Директивные принципы государственной политики

Article 289: "Principles guiding policy on agricultural land In order to redress the unjust and unfair pattern of land ownership that was brought about by colonialism, and to bring about land reform and the equitable access by all Zimbabweans to the country's natural resources, policies regarding agricultural land must be guided by the following principles-- (e) the use of agricultural land should promote food security, good health and nutrition and generate employment, while protecting and conserving the environment for future generations.”

Article 19 (2): “The State must adopt reasonable policies and measures, within the limits of the resources available to it, to ensure that children – 

(b) have shelter and basic nutrition, health care and social services.”

 

Национальный статус международных обязательств

Article 326:1. Customary international law is part of the law of Zimbabwe, unless it is inconsistent with this Constitution or an Act of Parliament. 2. When interpreting legislation, every court and tribunal must adopt any reasonable interpretation of the legislation that is consistent with customary international law applicable in Zimbabwe, in preference to an alternative interpretation inconsistent with that law.”

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

Article 3 (1): “Zimbabwe is founded on respect for the following values and principles – 
(c) fundamental human rights and freedoms.” 

Article 11: “The State must take all practical measures to protect the fundamental rights and freedoms enshrined in Chapter 4 and to promote their full realisation and fulfillment.”

Article 15: “The State must – 
(a) encourage people to grow and store adequate food; 
(b) secure the establishment of adequate food reserves; and 
(c) encourage and promote adequate and proper nutrition through mass education and other appropriate means.” 

Article 21 (2): “The State and all institutions and agencies of government at every level must endeavour, within the limits of the resources available to them 
(b) to provide facilities, food and social care for elderly persons who are in need.”

Бангладеш

Директивные принципы государственной политики

Article 15: “It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens-

(a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care; [...]

Article 18(1): “The State shall regard the raising of the level of nutrition and the improvement of public health as moving its primary duties and in particular shall adopt effective measures to prevent the consumption, except for medical purposes or for such other purposes as may be prescribed by law, of alcoholic and other intoxicating drinks and drugs which are injurious to health [...].”

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

Article 11: “The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured.”

Бурунди

Директивные принципы государственной политики

Article 17: "The Government has a responsibility to realize the aspirations of the Burundi people, in particular to resolve past divisions, ameliorate the quality of life of all the Burundi people and to guarantee to all the possibility of living in Burundi free from fear, discrimination, sickness and hunger."

 

Национальный статус международных обязательств

Article 19: "The rights and duties proclaimed and guaranteed by international instruments on human rights ratified in compliance with law are an integral part of the Constitution of the Republic of Burundi."

Бразилия

Прямая защита права на достаточное питание

Article 6: “Education, health, food, work, housing, transportation, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as set forth by this Constitution.”

Art. 6º: "São direitos sociais a educação, a saúde, a alimentação, o trabalho, a moradia, o transporte, o lazer, a segurança, a previdência social, a proteção à maternidade e à infância, a assistência aos desamparados, na forma desta Constituição."

Директивные принципы государственной политики

Article 208: “The National Government's duty towards education shall be effectuated through the guarantees of (…) VII. educational assistance in all stages of basic education by means of supplemental programs of school books, teaching materials, transportation, nutrition and health care."

Art 208: “O dever do Estado com a educação será efetivado mediante a garantia de:[...] VII - atendimento ao educando, em todas as etapas da educação básica, por meio de programas suplementares de material didáticoescolar, transporte, alimentação e assistência à saúde."

 

Article 227: “It is the duty of the family, the society and the Government to assure children and adolescents, with absolute priority, the rights to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, liberty and family and community harmony, in addition to safeguarding them against all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.”

Art. 227:  "É dever da família, da sociedade e do Estado assegurar à criança, ao adolescente e ao jovem, com absoluta prioridade, o direito à vida, à saúde, à alimentação, à educação, ao lazer, à profissionalização, à cultura, à dignidade, ao respeito, à liberdade e à convivência familiar e comunitária, além de colocá-los a salvo de toda forma de negligência, discriminação, exploração, violência, crueldade e opressão."

Национальный статус международных обязательств

Article 5: ". The rules defining fundamental rights and guarantees apply immediately. . The rights and guarantees established in this Constitution do not exclude others derived from the regime and principles adopted by it, or from international treaties to which the Federative Republic of Brazil is a party. International treaties and conventions on human rights approved by both houses of the National Congress, in two different voting sessions, by three-fifths votes of their respective members, shall be equivalent to Constitutional Amendments."

Art. 5: "1°. As normas definidoras dos direitos e garantias fundamentais têm aplicação imediata. Os direitos e garantias expressos nesta Constituição não excluem outros decorrentes do regime e dos princípios por ela adotados, ou dos tratados internacionais em que a República Federativa do Brasil seja parte.  Os tratados e convenções internacionais sobre direitos humanos que forem aprovados, em cada Casa do Congresso Nacional, em dois turnos, por três quintos dos votos dos respectivos membros, serão equivalentes às emendas constitucionais."

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

Article 7: “The following are rights of urban and rural workers, among others that aim to improve their social conditions: 
IV – nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;”

Art. 7º: “São direitos dos trabalhadores urbanos e rurais, além de outros que visem à melhoria de sua condição social: IV - salário mínimo , fixado em lei, nacionalmente unificado, capaz de atender a suas necessidades vitais básicas e às de sua família com moradia, alimentação, educação, saúde, lazer, vestuário, higiene, transporte e previdência social, com reajustes periódicos que lhe preservem o poder aquisitivo, sendo vedada sua vinculação para qualquer fim;"

Венесуэла (Боливарианская Республика)

Директивные принципы государственной политики

Artículo 305: “The State shall promote sustainable agriculture as the strategic basis for overall rural development, and consequently shall guarantee the population a secure food supply, defined as the sufficient and stable availability of food within the national sphere and timely and uninterrupted access to the same for consumers. A secure food supply must be achieved by developing and prioritizing internal agricultural and livestock production, understood as production deriving from the activities of agriculture, livestock, fishing and aquiculture. Food production is in the national interest and is fundamental to the economic and social development of the Nation. To this end, the State shall promulgate such financial, commercial, technological transfer, land tenancy, infrastructure, manpower training and other measures as may be necessary to achieve strategic levels of self-sufficiency. In addition, it shall promote actions in the national and international economic context to compensate for the disadvantages inherent to agricultural activity.The State shall protect the settlement and communities of non industrialized fishermen, as well as their fishing banks in continental waters and those close to the coastline, as defined by law.”

Национальный статус международных обязательств

Artículo 23: “The treaties, pacts and conventions relating human rights which have been executed and ratified by Venezuela have a constitutional rank, and prevail over internal legislation, insofar as they contain provisions concerning the enjoyment and exercise of such rights that are more favorable than those established by this Constitution and the laws of the Republic, and shall be immediately and directly applied by the courts and other organs of the Public Power.”

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

Artículo 3: “The essential purposes of the State are the protection and development of the individual and respect for the dignity of the individual, the democratic exercise of the will of the people, the building of a just and peace loving society, the furtherance of the prosperity and welfare of the people and the guaranteeing of the Fulfillment of the principles, rights and duties established in this Constitution.” 

Artículo 19: “The State shall guarantee to every individual, in accordance with the progressive principle and without discrimination of any kind, no renounceable, indivisible and interdependent enjoyment and exercise of human rights. Respect for and the guaranteeing of these rights is obligatory for the organs of Public Power, in accordance with the Constitution, the human rights treaties signed and ratified by the Republic and any laws developing the same.” 

Artículo 80: “The State shall guarantee senior citizens the full exercise of their rights and guarantees. The State, with the joint participation of families and society, is obligated to respect their human dignity, autonomy and to guarantee them full care and social security benefits to improve and guarantee their quality of life. Pension and retirement benefits granted through the social security system shall not be less than the urban minimum salary. Senior citizens shall be guaranteed to have the right to a proper work, if they indicate a desire to work and are capable to.” 

Artículo 83: “Health is a fundamental social right and the responsibility of the State, which shall guarantee it as part of the right to life. The State shall promote and develop policies oriented toward improving the quality of life, common welfare and access to services. All persons have the right to protection of health, as well as the duty to participate actively in the furtherance and protection of the same, and to comply with such health and hygiene measures as may be established by law, and in accordance with international conventions and treaties signed and ratified by the Republic.” 

Artículo 87: “All persons have the right and duty to work. The State guarantees the adoption of the necessary measures so that every person shall be able to obtain productive work providing him or her with a dignified and decorous living and guarantee him or her the full exercise of this right. It is an objective of the State to promote employment. Measures tending to guarantee the exercise of the labor rights of self employed persons shall be adopted by law. Freedom to work shall be subject only to such restrictions as may be established by law.” 

Artículo 91: “Every worker has the right to a salary sufficient to enable him or her to live with dignity and cover basic material, social and intellectual needs for himself or herself and his or her family.”

Artículo 299: “The economic regime of the Bolivarian Republic of Venezuela is based on the principles of social justice, democratization, efficiency, free competition, protection of the environment, productivity and solidarity, with a view to ensuring overall human development and a dignified and useful existence for the community. The State, jointly with private initiative, shall promote the harmonious development of the national economy, to the end of generating sources of employment, a high rate of domestic added value, raising the standard of living of the population and strengthen the economical sovereignty of the country, guaranteeing the reliability of the law; the solid, dynamic, sustainable, continuing and equitable growth of the economy to ensure a just distribution of wealth through participatory democratic strategic planning with open consultation.” 

Гамбия

Директивные принципы государственной политики

Article 216: 
(3) The State, in pursuing policies under subsection (2), shall be bound by the fundamental rights and freedoms in the Constitution and shall be guided by international human rights instruments to which The Gambia is a signatory and which recognise and apply particular categories of basic human rights to development processes.
(4) The State shall endeavour to facilitate equal access to clean and safe water, adequate health and medical services, habitable shelter, sufficient food and security to all persons.”

Гватемала

Прямая защита права на достаточное питание

Article 51: “Protection of [the] Minors and [of] the Elderly - The State will protect the physical, mental, and moral health of the minors of age and of the elderly. It will guarantee to them their right to food, health, education, and security and social prevision.” 

Директивные принципы государственной политики

Article 99: “Feeding and Nutrition. - The State will see to it that the food and the nutrition of the population meet the minimum health requirements. The specialized institutions of the State must coordinate their actions among themselves or with [the] international organs dedicated to health, [in order] to achieve an effective national food system..” 

 

Национальный статус международных обязательств

Article 46: “Preeminence of [the] International Law. - The general principle that within matters of human rights, the treaties and agreements approved and ratified by Guatemala, have preeminence over the internal law[,] is established.” 

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

Artículo 94: “The State will see to the health and the social assistance of all the inhabitants. It will develop, through its institutions, actions of prevention, promotion, recovery, rehabilitation, coordination and those complementary ones [that are] appropriate in order to procure [for them] the most complete physical, mental, and social wellbeing..” 

Artículo 102: “The minimum social rights that form the basis of the labor legislation and the activity of the tribunals and [the] authorities [are]: 
a) 1.The right to the free choice of work and the satisfactory economic conditions that guarantee a dignified existence for the worker and his [or her] family.”

Artículo 119: “The following are the fundamental obligations of the State:
d. 4.To see to the raising of the standard of living of all the inhabitants of the country, securing the wellbeing of the family.”

Гондурас

Прямая защита права на достаточное питание

Article 123: “All children shall enjoy the benefits of social security and education. Every child shall have the right to grow and develop in good health, for whom special care shall be given during the prenatal period, as much for the child as for the mother, both being entitled to food, housing, education, recreation, exercise and adequate medical services.”

Директивные принципы государственной политики

Article 347: "Agricultural production must be preferably aimed at satisfying the food requirements of the Honduran population, within the framework of a policy of adequate supply and fair prices for the producer and the consumer."

Национальный статус международных обязательств

Article 16: "All international treaties must be approved by the National Congress before their ratification by the Executive Power. International treaties entered into by Honduras with other States form part of the domestic law as soon as they enter into force."

Article 17: "When an International Treaty affects a constitutional provision, it shall be approved through the procedure governing Constitutional amendments. At the same time, the respective constitutional provision shall be modified through the same procedure before the International Treaty is ratified by the Executive Power."

Article 18: “In case of conflict between the treaty or convention, and the law, the former shall prevail.”

 

 

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

Article 142: “Every person is entitled to the security of his economic means of support in the event of work disability or inability to obtain remunerated employment”

 

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