The Review of the Legislative Framework and Jurisprudence Concerning the Right to Adequate
Food in Nepal provides a critical assessment of constitutional as well as legislative provisions related to the right to food in Nepal. It also offers a thorough analysis of relevant Supreme Court jurisprudence and covers non-judicial means of remedy against the violation of food rights. Nepal has a very good track record in terms of ratifying international human rights treaties. By virtue of being a party to numerous international human rights treaties, including the International Covenant on Economic Social and Cultural Rights (ICESCR), Nepal has made commitments to respect, protect and fulfill a wide range of human rights of the Nepalese, including the right to adequate food. Nepal has the tradition of constitutional protection of basic rights and freedoms as
“fundamental rights”. The protection of economic and social rights, including the right to
food sovereignty, the right to live a dignified life, and the right to social security under the Interim Constitution are of particular importance in terms of the right to adequate food. Such fundamental guarantees are also combined with a number of directive principles and policies impacting upon the right to adequate food. the Nepalese judiciary
has also taken positive action on the right to food. The Supreme Court has been able to scrutinize a significant number of issues impacting upon the right to adequate food through its public interest litigation jurisdiction. There has also been scope for non-judicial remedy through NHRIs, in particular the National Human Rights Commission. The committee system under the Legislature-Parliament also offers an important opportunity to exercise parliamentary oversight in relation to the enjoyment to the right to adequate food by the Nepalese. However, these systems of non-judicial remedies need to be utilized better. Nepal also has a significant legal framework for many of the key areas relevant to the right to food. However, the existing legislative framework falls short in terms of giving effect to the right to food related guarantees under the Interim Constitution. Similarly, numerous legal provisions that empower the State to take actions towards remedying social and economic insecurities fail to internalize a human rights-based approach. Drawing on the assessment, the review contains a comprehensive set of the recommendations that, inter alia, call for enacting framework legislation on the right to food, strengthening constitutional protection, including through explicitly guaranteeing freedom from hunger as an enforceable fundamental right, and also incorporating a fuller term of the right to an adequate standard of living.
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Publisher:
FAO
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(2014
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Type / Script:
Publication
in English
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Keywords:
RIGHT TO FOOD, LEGISLATIVE PROCESS, JUDICIAL POWER, CONSTITUTIONAL LAW, CONSTITUTIONAL PROTECTION, HUMAN RIGHTS, HUMAN RIGHTS VIOLATIONS, CIVIL SOCIETY, MALNUTRITION, DISCRIMINATION, FOOD IMPORT, FOOD REQUIREMENTS, FOOD SHORTAGE, FOOD DISTRIBUTION, FOOD AID, ENVIRONMENT, SUSTAINABLE DEVELOPMENT, FOOD PRODUCTION, FOOD SECURITY, NUTRITION, FOOD SUPPLY, LEGAL REMEDIES, JUDICIAL REVIEW, FOOD SOVEREIGNTY, CONSUMER PROTECTION
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Thematic Group:
FAO
:
Food and Agriculture Organization
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Thesaurus:
14.02.02
- Human Rights
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Reference Link:
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