OP-ED: The Right To Food Should Be An Absolute Right, Here’s Why!

OP-ED: The Right To Food Should Be An Absolute Right, Here’s Why!

By Richard Tusiime

As we commemorate World Food Day on October 16th, a day established by the Food and Agriculture Organization (FAO) in 1979 to raise awareness about hunger and promote action for sustainable food systems, it’s crucial to reflect on the right to food. At KRC Uganda, we have commemorated this day for decades through various events, discussions, and initiatives focused on food and nutrition security and their interlinking with human rights. Given my background in both human rights and food systems, I firmly believe that the right to food must be elevated to the status of an absolute right.

The Question Then Becomes: What Exactly Are Absolute Rights?

An absolute right is a human right that cannot be suspended, restricted, or limited under any circumstances, not even in states of emergency. Examples of absolute rights include the right to life and freedom from torture. Such rights are enshrined in international covenants like the 1948 Universal Declaration of Human Rights (UDHR), and the International Covenant on Civil and Political Rights (ICCPR) of 1966. In Uganda, the national constitution in Article 44 provides for a class of fundamental rights that cannot be taken away irrespective of any circumstance. The law refers to them as non-derogable rights, including freedom from torture and cruel, inhuman, or degrading treatment or punishment, freedom from slavery or servitude, the right to a fair hearing, and the right to an order of habeas corpus. These stand as fundamental pillars of human dignity. These rights are considered non-derogable, meaning they remain protected even during crises.

However, the right to food, despite being recognized under international frameworks such as the Universal Declaration of Human Rights (UDHR) 1948 and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), is not classified as absolute even in our national constitution it is a “silent right”. This begs the question: Why is the right to food not treated as an absolute right when food is a prerequisite for all those absolute rights as it’s a foundation for survival, human dignity, and the enjoyment of other fundamental rights?

The Right To Food As A Foundation For Other Rights

Fort Portal City Council Speaker Hon. Albert Ahebwa Addresses Food Systems Actors During World Food Day Event
The right to food is closely intertwined with the realization of other human rights. Without access to adequate and nutritious food, individuals cannot enjoy the right to life, health, or an adequate standard of living. Article 25 of the UDHR recognizes that “Everyone has the right to a standard of living adequate for the health and well-being of themselves and their family, including food.” Similarly, the ICESCR elaborates on this in Article 11 by affirming the right to adequate food and freedom from hunger.

Food is the cornerstone of life and survival. Therefore, any deprivation of this right threatens not only the individual’s physical well-being but also undermines their ability to participate fully in society, exercise political rights, access education, or even contribute to the economic development of their community.

However, in the efforts to recognize this as an Absolute right, it has met with several misconceptions and one of the biggest is that the right to food is equivalent to a right to be fed. Some assume that recognizing the right to food would place an unrealistic burden on governments to provide free food to all. However, this is not the case. The right to food, as defined by international law, focuses on enabling individuals to feed themselves in dignity. This requires creating an environment where individuals have access to the necessary resources such as land, seeds, water, and markets to produce or buy their food. The state should be directly responsible for providing food in exceptional circumstances, such as natural disasters or armed conflicts.

Furthermore, some have unknowingly argued that denying the right to food is due to a lack of food globally. FAO says the world produces enough food to feed the entire population. The real issue lies in inequitable access to food, driven by poverty, social exclusion, and discriminatory practices. A legal framework that guarantees the right to food as absolute would mandate states to take decisive steps to address these systemic issues/challenges.

Therefore, Given the critical role food plays in sustaining life and human dignity, the right to food should be elevated to an absolute right. Much like the right to life and freedom from torture, the right to food should be considered non-derogable. It should not be subject to limitation, even in times of crisis or emergency.

Cognizant that hunger and malnutrition lead to irreversible damage, particularly in vulnerable groups like children, and undermine the potential of entire generations. In a world where food is abundant, but access is limited by inequality and poor governance, the international community must prioritize the right to food and treat it as essential and inviolable. As we commemorate World Food Day, it is crucial to advocate for the recognition of the right to food as an absolute right.

https://radio.co.ug/next106/

The writer Richard Tusiime is the Governance, Policy and Advocacy Manager At KRC-Uganda.

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