This book documents and analyzes the experiences of the UN's first Special Rapporteur on the Right to Food. It highlights the conceptual advances in the legal understanding of the right to food in international human rights law, as well as analyzes key practical challenges through experiences in 11 countries across Africa, Asia and Latin America.

Office.

In The Right to Food and the World Trade Organization’s Rules on Agriculture: Conflicting, Compatible, or Complementary?, Rhonda Ferguson explores the relationship between the human right to food and agricultural trade rules. She questions whether States can adhere to their obligations under both regimes simultaneously. These two regimes are frequently portrayed to be in tension with one another. The content and contours of the right to food under international human rights law and WTO rules on domestic supports, export subsidies, and market access are considered through the lens of norm conflict theories. The analysis is situated within the context of the debate surrounding the fragmentation of international law.

This book introduces the human right to adequate food and nutrition as evolving concept and identifies two structural "disconnects" fueling food insecurity for a billion people, and disproportionally affecting women, children, and rural food producers: the separation of women’s rights from their right to adequate food and nutrition, and the fragmented attention to food as commodity and the medicalization of nutritional health. Three conditions arising from these disconnects are discussed: structural violence and discrimination frustrating the realization of women’s human rights, as well as their private and public contributions to food and nutrition security for all; many women’s experience of their and their children’s simultaneously independent and intertwined subjectivities during pregnancy and breastfeeding being poorly understood in human rights law and abused by poorly-regulated food and nutrition industry marketing practices; and the neoliberal economic system’s interference both with the autonomy and self-determination of women and their communities and with the strengthening of sustainable diets based on democratically governed local food systems. The book calls for a social movement-led reconceptualization of the right to adequate food toward incorporating gender, women’s rights, and nutrition, based on the food sovereignty framework.

While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.

Preface.