THE RIGHTS TO FOOD AND WATER
into national law, and for creating an international environment conducive to its
implementation.
25
Social and Economic Rights Action Center and Center for Economic and Social Rights v.
Nigeria (Communication No. 155/96, 30th Ordinary Session, October 2001). The African
Commission ruled that: ‘The African Charter and international law require and bind
Nigeria to protect and improve existing food resources and to ensure access to
adequate food for all citizens. Without touching on the duty to improve food productions
and to guarantee access, the minimum core of the right to food requires that the
Nigerian government should not destroy or contaminate food resources. It should not
allow private parties to destroy or contaminate food sources, and prevent people’s effort
to feed themselves.’ (para. 65). See also Special Rapporteur’s report submitted to
General Assembly, UN doc. A/58/330, 2003, para. 38.
26
See ‘The right to food in national constitutions’, in The Right to Food in Theory and
Practice, FAO Rome, 1998, pp. 42–3 (English only). Available at: www.fao.org/docrep/
w9990e/w9990e12.htm.
27
For a comprehensive list see CESCR General Comment No.15, para. 4, n. 5. See also the
Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate
Food in the Context of National Food Security, op.cit.
28
CESCR General Comment No.15, paras 2, 4.
29
Ibid., para. 14.
30 Ibid., para. 16.
31
Ibid., para 7.
32
Special Rapporteur on the Right to Food, Report 2003, op. cit., para. 35.
33 Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union Interafricaine
des Droits de l’Homme, Les Témoins de Jehovah v. Zaire, Communications 25/89, 47/90,
56/91 and 100/93, (18th Ordinary Session, October 1995), available at www1.umn.edu/
humanrts/africa/comcases/25-89_47-90_56-91_100-93.html
34
Available at: www. http://cm.coe.int/stat/E/Public/2001/adopted_texts/
recommendations/2001r14.htm
35 For a detailed list of international and national standards and legislation as well as
judicial decisions on the right to water, see Legal Resources for Right to Water:
International and National Standards, Centre On Housing Rights and Evictions (COHRE),
January 2004, available at: www.cohre.org/downloads/water_res_8.pdf
36 ICESCR, Art. 2.
37
CESCR General Comment No.12, para. 14; also General Comment 3, op. cit., para. 10. In
Tribunal fédéral suisse, références: ATF 121 I 367, 371, 373 V. = JT 1996 389, the Swiss
Federal Tribunal, the highest court in Switzerland, recognized the right to minimum basic
conditions, including ‘the guarantee of all basic human needs, such as food, clothing,
and housing’. This case suggests that in Switzerland the right to food is a right
recognized as inherent in everyone as a human being. The case is referred to in The
27