THE RIGHTS TO FOOD AND WATER
State obligations
Governments are obliged to move as expeditiously as possible towards the full
realization of the rights to food and water, including through international
assistance and cooperation.36 While acknowledging that the right to food should be
realized progressively, General Comment No.12 points out that as minimum core
obligations, every state is obliged to ensure for everyone under its jurisdiction
access to the minimum essential food that is sufficient, nutritionally adequate and
safe, to ensure their freedom from hunger.37 A state where a significant number of
individuals are deprived of essential foodstuffs is, prima facie, violating the
Covenant.38 Even where a state faces resource constraints, measures should be taken
to ensure that the right to adequate food is fulfilled for vulnerable groups or
individuals.39 With respect to the right to water, General Comment No.15 explains
that as minimum core obligations, state parties should ensure the right of access to
water and water facilities and services on a non-discriminatory basis for disadvantaged or marginalized groups and adopt relatively low-cost targeted water
programmes to protect these groups.40
The right to food and right to water, like other human rights, imposes three
levels of obligations on state parties – obligations to respect, protect and fulfil. The
obligation to respect enjoins states to ensure that every individual has permanent
access at all times to sufficient and adequate food and safe drinking water, and
prohibits any measures that would result in preventing individuals from having
access to adequate food.41 A violation of the obligation to respect occurs, for
example, if the government arbitrarily evicts people from their land, especially if
the land was their primary means of feeding themselves.42 Another violation of the
obligation to respect the right to food could come as a result of a government
removing social security provisions without making sure that marginalized people,
such as minorities, have alternative ways to obtain food. A further breach would
occur if the government where to carry out large-scale or major development
projects without taking into account their impact on the right to food and water of
indigenous communities or minorities, and without ensuring effective participation
of those communities in decision-making processes.43
Similarly, a violation could be seen to have occurred if a government privatizes
the public water company and, by failing to monitor adequately and regulate it,
permits discriminatory and unaffordable increases in the price of water. Projects
involving the privatization of water supplies should provide for continued, assured
and affordable access to water by local communities, indigenous peoples, and the
most disadvantaged and marginalized groups of society.44 Finally, states should
respect the resources of the individual or community, who should be able to make
optimal use of their own knowledge and have the freedom to take action and use
resources to satisfy their own needs.45
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