Justiciability

IACHR Hearing - Bajo Aguan Honduras 2011
Although the right to food has been recognized in various instruments of international law and several national constitutions, many countries still lack a judicial culture of recognition in practice and/or the legal frameworks regarding the justiciability of the rights enshrined in the Covenant on Economic Social and Cultural Rights. There is also often a lack of a high level of enforcement.

Justiciability is essential for the right to food to be a legal right.

The right to food is justiciable when victims have the opportunity to bring their cases before a court or other judicial or quasi-judicial body, and get judgments in their favor. This includes compensation for the damage suffered, a guarantee of non-repetition and the expeditious enforcement of the court’s orders. Justiciability is essential for the right to food to be a legal right.

FIAN's Work

Through its justiciability work, FIAN designs and implements strategies to position the right to food within the legal frameworks and jurisprudence of countries and regions.  At the level of the international human rights regime, the program includes FIAN’s support of the Optional Protocol initiative. The Optional Protocol to the International Covenant on Economic, Social and Cultural rights aims to allow individuals to bring complaints for violations of the rights guaranteed in the Covenant.

Latest News

Press Release | 12-09-2017
Agrarian Reform Agrofuels Climate Change Extraterritorial Obligations

The World Food Crisis: The Way Out

With the world still trapped in a multifold crisis, this year’s Right to Food and Nutrition Watch will take stock of the past decade and present thought-provoking discussions and alternative solutions for finding our way out.

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Press Release | 17-10-2016
Extraterritorial Obligations Global Governance Justiciability Natural Resources

Monsanto Tribunal: States also accountable

A legal document presented to the Monsanto Tribunal underlines that States are accountable for not complying with their obligation to protect against human rights abuses and sheds light on the multinational’s liability under international criminal law.

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News | 29-09-2016
Justiciability Monitoring and Accountability

Civil Society mobilizes to guarantee an independent Inter-American system

A political and financial crisis has engulfed the work of the Inter-American Commission on (IACHR) and Inter-American Court of Human Rights, putting at risk the only human rights mechanisms in the region, which are binding for governments in the promotion and protection of human rights.

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News | 05-09-2016
Justiciability Honduras

Furthering the realization of all human rights

Human right defenders and their crucial contribution to building human rights-based societies are the protagonists of the third of the series “The Struggle for the Right to Food and Nutrition”.

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Press Release | 22-07-2016
Gender Indigenous Peoples Justiciability Nutrition

Right to food triumphs at Supreme Court of Nepal

The rights of marginalized groups and indigenous peoples are strengthened in recent decisions by the Supreme Court of Nepal.

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News | 14-06-2016
Extraterritorial Obligations Gender Indigenous Peoples Justiciability

Serious human rights situation in Honduras reported to the EU

Leaders and representatives from Honduran civil society visit the European capital to present the economic, social and cultural rights (ESCR) situation in Honduras and look into the EU’s relationship and commitments with their country.

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News | 01-06-2016
Agrarian Reform Agrofuels Extraterritorial Obligations Gender

2015, a year of movement-building

From Bajo Aguan to West Bengal, passing through Tunis and Essakane, FIAN International’s Annual Report 2015 conducts a succinct review of all its work throughout the year.

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News | 15-06-2015
Justiciability Land Grabbing Peasants' Rights Paraguay

Curuguaty case: Three years of criminalization and injustice

Three years after the 'Curuguaty Massacre', we continue observing a patent partiality and dilation of justice, and the criminalization of social protest in Paraguay. Meanwhile, the trial against the peasant survivors of the slaughter is just around the corner.

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Press Release | 26-05-2015
Extraterritorial Obligations Justiciability

Enhancing the International Human Rights system vis-a-vis TNCs and other business enterprises

As a member of the so-called Treaty Alliance, FIAN International stresses the need for a legally binding instrument to protect human rights in the context of business operations.

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News | 20-04-2015
Justiciability Monitoring and Accountability Honduras

‘Wave of stigmatization’ against human rights defenders in Honduras

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