18
THE RIGHTS TO FOOD AND WATER
25(1) encompasses the concern of ‘freedom from want’ by recognizing the right to
food as a component of an adequate standard of living.
While there is no uniformly accepted definition of the right to food, the Special
Rapporteur on the Right to Food applies the following definition:
‘The right to food is the right to have regular, permanent and free access, either
directly or by means of financial purchases, to quantitatively and qualitatively
adequate and sufficient food corresponding to the cultural traditions of the
people to which the consumer belongs, and which ensures a physical and mental,
individual and collective, fulfilling and dignified life free of fear.’ 5
The purpose of promoting the right to adequate food is to achieve nutritional
well-being for all human beings. The right to adequate food is a necessary, but not
sufficient component of the right to adequate nutrition. The full realization of the
latter depends also on parallel achievements in the fields of health, care for the
vulnerable, land/income security and education.6
CESCR and the Special Rapporteur on the Right to Food recognize food
security as a necessary corollary of the right to food. Important elements linked
to food security are, sustainability (long-term availability and accessibility)7 and
adequacy (cultural and consumer acceptability) of the availability of and access to
food.8 Accessibility encompasses both ‘economic accessibility’ and ‘physical
accessibility’.9 Landless persons and other impoverished segments of the population may require special programmes. Particularly vulnerable are many indigenous groups whose access to their ancestral lands may be threatened.
Discrimination in access to food, or the means and entitlements for its procurement, constitute a violation of the Covenant.10 Food has certain cultural aspects,
associated with how a community or people grows, prepares and eats it. These
are fundamental aspects of the culture and values of a community and of its
identity. Cultural acceptability is a core aspect of the right to adequate food.11
When a community’s food-growing capacity is constrained or their ability to
secure their traditional food is curtailed, elements of their cultures may also be
threatened.
It is worth noting that the International Covenant in Civil and Political Rights
(ICCPR) provides for the inherent right to life of every human being (Art. 6) and
the Committee has linked this provision to the right to food. In its General
Comment No. 6, the HRC observes: ‘the protection of this right requires that
states adopt [positive] measures to eliminate malnutrition’.12
The HRC has adopted guidelines for the implementation of other rights related
to indigenous peoples’ right to food and means of subsistence, such as the General
Comment on the rights of minorities (which can also be applied to persons