On The Right To Food

Food is the basic prerequisite for the existence of people, and the right to food is one of the most important concrete human rights. It relates to each person's daily life and deserves more attention from us, but it is often neglected by us in reality. In practice, it is not optimistic to the protection of the right to food in the present situation, the phenomenon of hunger still exists in every corner of the world. Our country's right to food in present situation is unpleasant, and the idea of the right to food by far has not been accepted by most people, which requests us to make a thorough and careful research into the right to food, and puts forward some feasible proposals to the realization of the right to food. In order to study Chinese problems about the right to food and to find the possible best way to realize and protect this right, this paper attempts to study the content of the right to food, and start from contemporary Chinese right to food, moreover, it has a further discussion within the horizon of the right to food in China.In the first chapter, this paper studies food and right to food which is one of the human's basic rights. The provision and gain of the food is durable and suitable; the food which is under the right to food should sufficiently meets individual needs in quantity and quality, and it does not contain any deleterious substance; This kind of food should can be accepted in some culture, and it should not hinder other human rights when it is undertaken by the individual who has this right.The right under the category of the right to food has the characteristics which the general right has, that is, the law must to protect one's right when he has a legitimate reason to request society to protect him to possess of something. Food is a prerequisite for people that everyone should possess it, and this right asks the society to protect it, so, the right to food must be protected by the law, and each person should enjoy this equal right. The international society has given a great attention to the right to food which should be enjoyed by everybody, and has made a series of explanations to the meaning of the right to food. On basis of these explanations to the right to food, this paper indicate it further, and considers that the right to food is one of the most basic human rights and has to receive more attention.The second chapter focuses on the content of the right to food, as well as the obligations that the national and international organizations should take. This paper further explains the content of the right to food through the study of the provision on the right to food in the documents about the law of international and regional human rights. This paper considers that in order to ensure the full realization of the right to food, we should ensure that the food must be culturally and consumptively acceptable, and should be obtained by people adequately and continually. The most important characters for food are"availability"and"accessibility", and the latter is extremely important in the part of actual and economical accessibility. However, in reality, the realization of these characteristics of the right to food are not very optimistic what will call for a research to the obligations of the right to food.In this paper, the obligation of the right to food is divided into two parts that are domestic and international obligations. The country should take the core obligations to protect the right to food, and those obligations include: legislation on the right to food, efforts to promote the full realization of the right to food in the enforcement of law, extensive international cooperation on the right to food, and an assurance to fully realize the right to food that all sectors of society should enjoy following the principle of justice. International organizations also have the important obligations to protect the right to food, that is: they should help contracting parties respect, protect and fulfill(or performance) the people's right to food, and they also should supervise contracting parties to performance their obligations on the protection of the rights to food.The third chapter focuses on the mechanisms for the implementation of the right to food. Firstly, this paper considers that nations plays a leading role on the mechanism for the implementation of the right to food, and the mechanism for the implementation of the right to food can be improved and protected by the way of legislation, judicial protection, and other security measures, such as education, administrative regulation and so on. Secondly, the international organizations plays an important role in the mechanisms for the implementation of the right to food, the United Nations and other regional organizations of international cooperation can protect the rights to food adequately in contracting parties by the timely reporting system, extensive and in-depth international cooperation, active international assistance and effective appeal system. Finally, the non-governmental organizations also can play an active role in the mechanisms for the implementation of the right to food by carry out effective monitor and supervise to the national and international organizations.The fourth chapter demonstrates the theoretical difficulties in the course of the implementation of the right to food. The right to food itself is a basic human right that should be enjoyed by everyone, on the other hand, there are a lot of differences because of the differences of specific national conditions and the environment of society, economic and culture, so, the problems about how to deal with the difference between the universality and particularity about the right to food is posed. This paper considers that some certain universality about the right to food should be recognized, that is, the eradication of poverty to is a minimum requirement under any circumstances; otherwise, this paper also attaches great importance to the difference use for different countries and obligees about the right to food, and it considers that only help the obligees obtain their own capability of independence by further efforts to promote to realize other rights but not just help to adequately achieve their right to food by the states, can we really solve the problems of the right to food.The fifth chapter briefly discusses the problems of the right to food in contemporary China. There are many indirect definitions on the right to food in Chinese law, but there are not any direct legal provisions in Constitution and laws which are not conducive to establish and strengthen obligees'conception of the right to food and not conducive to effectively realize the right to food in China. Now, the largest problem in our country is the food safety issues, this paper proposes a series of concrete measures, such as, develop the eco- agriculture, to address this issue. At the same time, however, it is also important to solve the problem of poverty for effectively protecting the right to food, and China can ensure the fully realization of right to food for poor people's by adopting a series of effective measures, for example, poverty alleviation and development, further promoting the rational improvement of the economic structure, and establishing a sound social security system.The right to food is a basic human right, and it should be positive protected. The problems of the protection of the right to food have attracted a great attention to the international nations, and we also should actively engaged in researching on the right to food and effectively protect it. This is all the meaning of this article.