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Research On The Right To Adequate Food And Its Legal Protection

Posted on:2011-01-17Degree:DoctorType:Dissertation
Country:ChinaCandidate:L B NingFull Text:PDF
GTID:1116360305453668Subject:Legal theory
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There are many debates on socio-economic rights. Some people regard them as important contribution of 20th century to human rights, and others think that they aren't rights and they are inflations of rights. As a kind of socio-economic right, the right to adequate food is ruled in the international Covenant of economic, social and cultural rights, but there are many objections to it. Against this background, we need to research into the right to adequate food, the research including its conception, justification and protection by law. There are six chapters in this dissertation Chapter 1 is the introduction, and Chapter 6 is the conclusion. Other four chapters are the followings:Chapter 2 discusses the conception of the right to adequate food. In the semantics, it means that everyone is entitled to suitable and enough food. In the historical perspective, it evolves from charity and reflexive interest to rights, and its context evolves from recapitulative rule to clear content. Its structure is complex with everyone being the subject, government being the respondent, obligations including respect, protection and fulfillment. The nature of this right has also complexity because it's a metaright and it sometimes means right to be given enough food, and it's fundamental right and a non-fundamental right. Finally it's a right both negative and positive.Chapter 3 discusses the justification of the right to adequate food. Some people object to the right to adequate food. Their reasons include it violating liberties, raising revolution, being limited by resources, being unnecessary, and etc. In my opinion, these reasons aren't sufficient and they are wrong. When we say something is a human right, it means there is some interest of importance and it can be protected because others should full their obligation. As for the right to adequate food, It has some interest of importance in decent life. Moreover, the community of rights and principle of partnership request all of countries to protect people's food right.Chapter 4 discusses the protection of the right to adequate food by international law and national law. Its protection by law has experienced a process from legislation to judiciary practice. In the legislation, there's an overall tendency developing from constitutional rule into especial law. As for its judiciary, its protection has enlarged from the domain of safety into anti-hunger and anti-malnutrition. In the ordinary law, most country's legislation focuses on the safety of food, and it only pays attention on the negative obligation. So far the legislations aiming at preventing from hunger and malnutrition are not too much. Against a background of global food crisis, governments should do something in the legislation.In the judiciary practice, though the practice and theory have proved the possibility of judiciary protection, we must recognize there aren't many cases of food right. The reason is neither that the right to food isn't important, nor that it's serious. One possible explanation is that the judiciary branch lacks the will to protect food rights. In the situation without perfect legislation on food right, the judiciary isn't willing to take the risk of accusation of illegality. If we want to strengthen the judiciary protection, we must improve the legislation at once. Of course it isn't to say the judiciary can do nothing in the situation without especial legislation. The practice has proved its possibility of judiciary protection of food right, and the food crisis requires the judiciary to take action right now. The proposition that the judiciary lacks legality and competency to protect right to adequate food undervalue the institutional advantage of telling the story of the disadvantaged, and it will hindrance the constitutional dialogue and cooperation between the three powers.Chapter 5 analyses the protection of citizens'right to adequate food in China. After the reform and open policy, the protection of food right has achieved great success, and it has made great contribution to the food security of the world. But having basically solved the problem of food and clothing doesn't mean there isn't the problem of food right in China nowadays. There're over 10 billion people living below the government's poverty line which is less than world's poverty line. Moreover, the phenomenon of malnutrition is very serious in China. On the above grounds, I think that China must take great steps to protect food right. The specific measures may be the followings: as for the legislation, China should make a special law to protect food right and make food right be a constitutional right. In the administration, China should guard the arable land, strengthen the food safety, and enact the school-meal program to improve the kid's nutrition. In the judiciary, China may think about recognition of the suability and open public-interest litigation to strengthen the protection of the disadvantaged. Moreover, China must establish a committee of human rights, strengthen the functions of NGO to protect human rights, and further realize citizens'right to food.
Keywords/Search Tags:Right to adequate food, Human right, Legal protection
PDF Full Text Request
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