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The right to food is justiciable, when victims do not only claim their right politically, but have the possibility to bring their cases to court, and get positive judgements. This includes compensation for the damage suffered, a guarantee for non repetition and the expeditious enforcement of the court’s orders. Justiciability is essential for the right to food as a legal right.
The justiciability of the right to food has a number of important consequences: What a court decides stays valid even after a change in government. A positive judgement benefits not only the victims in a particular case, but can be used positively in other cases as well. Many similar judgements point to a deficiency in the legal and political system.
Within its Justiciability programme, FIAN designs and implements strategies to position the right to food in the jurisprudence of countries and regions. At the level of the international human rights regime, the programme includes FIAN’s support to the Optional Protocol initiative. The Optional Protocol to the International Covenant on Economic, Social and Cultural rights aims at allowing individual complaints against violations of the rights guaranteed in the Covenant.
Documents on the Justiciability of the Right to Food
