Food is not a right in the

UN-agreed SDGsJust a commodity…

The EU position analysed

Summary of BMJ Global Health paperVivero-Pol & Schuftan (2016). No right to food and

nutrition in the SDGs: mistake or success?

JOSE LUIS VIVERO POL PhD Research Fellow in Food Governance

Food is not a right in SDGsWater & Sanitation are rights however

1st paragraph of SDGs vision:

• (Para 7) In these Goals and targets, we are setting out a supremely ambitious and transformational vision. We envisage a world free of poverty, hunger, disease and want, where all life can thrive. We envisage a world free of fear and violence.

• A world with UNIVERSAL LITERACY. A world with equitable and UNIVERSAL ACCESS TO QUALITY EDUCATION AT ALL LEVELS, TO HEALTHCARE AND SOCIAL PROTECTION, where physical, mental and social well-being are assured.

• A world where we reaffirm our commitments regarding the HUMAN RIGHT TO SAFE DRINKING WATER AND SANITATION and where there is improved hygiene; and WHERE FOOD IS SUFFICIENT, SAFE, AFFORDABLE AND NUTRITIOUS. A world where human habitats are safe, resilient and sustainable and where there is universal access to affordable, reliable and sustainable energy. (emphasis added)

• Pasamos de la “Seguridad Alimentaria existe cuando…” a “la realización de un derecho…”,

Leyes de SAN de Guatemala y Brasil (2005 y 2006)

• De “situación” a “derecho”, que se ha de garantizar (por el Estado) y se puede exigir (por los ciudadanos)

• El DA está desarrollándose desde hace 20 años (PIDESC), luego su reconocimiento en los países y ahora con la justiciabilidad.

Same LEGAL CONSIDERATION &

LEVEL OF PROTECTION than Right not to be tortured or freedom of

speechFoto

: San

deep

Th

ukal

Opponents to the RtF in SDGs negotiations

No signatories of ICESCR

Signatories of ICESCR

Agri-Food Corporations regard Food as a commodity, a source of profit

US position: « Opportunity » to

secure food

« Aspiration » to be realised

progressively

No international or domestic obligation or legal entitlement

Linked to « right to standard of living » & not to « right to

life »)

EUROPE Double standard: supporting abroad, reluctant at home

The Right to Food for “the others” (Global South & Developing Countries)

• The Commission has expressed its support to ‘right to food-based political and legal frameworks’ in developing countries, as well as establishing and strengthening redressal mechanisms

Source: Increasing the impact of EU Development Policy: an agenda for change. Communication from the Commission to the Council and the European Parliament. COM /2011/0637 Final. European Commission, 2011.

• The European Parliament has taken a similar position regarding the relevance of the right to food to address food security challenges in developing countries

Source: Assisting developing countries in addressing food security challenges. Resolution of 27 September 2011, (2010/2100). European Parliament, 2011.

Countries supporting RtF

Few countries investing in the Right to Food

Food Insecurity (unability to eat meat every second day): 10.9%.

13.5 M people2.7% increase since austerity

measures

30 M Malnutrition (Transmango Project)

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• 123 M poor EU people (1/4) (Oxfam, 2015)

• 50 M severe material deprivation: food, water…(EUROSTAT, 2015)

• 2009-15, + 7.5 M poor

• 30-40% children (6 EU members) below poverty line (UNICEF, 2014)

• Increasing children at school with no breakfast (UK, Netherlands, Spain)

Food Insecurity is on the rise in Europe

Loosptra et al., (2015). The Lancet 385, DOI: (10.1016/S0140-6736(15)60983-7)

Loosptra et al., (2016). Preventive Medicine 89

No RtF in EU: How is that possible?• NOT in European Social Charter (1961, 1996) for Council

of Europe members• NOT in EU Charter of Fundamental Rights (2000)• NOT in European Convention on Human Rights (1950 +

7 protocols) • NOT in any EU constitution

• Proposal in Belgium: National Food Policy Council including whole food chain (Eggen, 2014)

• Regional Law on Right to Food in Lombardia (Italy)• Proposal in Spain: RtF in Constitution• European Citizen´s Initiative + EP: water as human right

+ commons • Universal Food Coverage (non-existing)

HUNGER IN UK

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18

EU Food Charity

Non universal

Non accountable

Non demandable

No right holders and duty bearers

Money-restricted

3.8 Billion € in 7 years

Possible explanations

Dominant ideological stance that sees food as a private good (excludable & rival) that is thus

better distributed by market-based rules rather than rights-based schemes

As a commodity, food access is exclusively guaranteed by purchasing power or charitable

schemes (non accountable)

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No mention to food as vital need

No food as cultural determinant

Food as opportunity for trade, innovation, health, wealth & geopolitics (p.34)

No food as human right

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JRC Report Recommendations1. Food products liberalised2. Food safety standards more stringent3. Demand-driven, market-supplied4. “Feeding the World = Feeding the cities” (70% of hungry people are rural producers)

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Paradigm Barriers• Food as a human right (moral) collides

with food as a commodity (amoral)

• Food not considered a public good (Vivero, 2015)

• Other ESCR (health, education, water) are considered public goods & they have progressed as enforceable rights

Proposals for an EUCOMMONS

FOOD POLICY

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To guarantee school meals for all

students in public schools

25

To support local purchase (small farming, agro-ecology & cooperatives) to satisfy food needs of municipal premises 26

Stricter & innovative rules to avoid food waste

To recycle all expired food (i.e. France)

Supporting citizens´ collective

actions to reduced waste, promote food sharing

and co-producing27

Shifting from charitable food (Food Banks) to food as right (Universal Food Coverage)

A food bank network that is universal, accountable, compulsory and not voluntary, random, targeted

28

Compulsory rooftop greening for every new building (with edibles, non-edibles)

29

Establishing bakeries where every citizen can get access to a bread loaf every day (if needed or willing to)

30

Encourage Food Policy Councils (open

membership to citizens) through participatory

democracies, financial seed capital and enabling

laws31

Set target for food provisioning in 2030 (Food Council)

• 60% private sector• 25% self-production (collective

actions) • 15% state-provisioning (public

buildings, destitute people, unemployed families) through Universal Food Coverage 

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