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On The State Obligation To Realize The Right To Food

Posted on:2018-06-23Degree:MasterType:Thesis
Country:ChinaCandidate:D LiuFull Text:PDF
GTID:2336330512484386Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The right to food is one of the very important human rights,because food is the premise of human survival and development,the right to food is closely related to everyone.But in contemporary human rights theory the right to food was a late right and the first time when it was raised as a right was after the Second World War.Human rights are human beings who should enjoy the right,as a right corresponding to the obligations of the subject is the state.The right to food as a basic human rights,the main body responsible for its realization should also be the state,this article discussed what obligations on the state of the realization of the right to the country should bear,and how to bear the obligations.There are five chapters in this article.The first chapter introduces the concept and history of the right to food,introduces how the concept of the right to food is presented,and what developments have been made,and summarizes the causes and trends of the development of the concept of the right to food.In the second chapter,the author thinks that the main body of the realization of the right to food should be the state,and the legitimacy of the state to bear the right to the right of food were analyzed.The author first explains in the modern human rights theory why the main body of human rights is the state,and then analyzes the human rights attribute of the right to food.Finally,it has the objective value order attribute from the welfare state thought,the social structure to the right to food and the right to food should be demonstrated by the state's obligations.And at the end of this part of the country should bear the obligation to challenge the rebuttal.Chapter 3 discusses the specific types and methods of the State's commitment to the right to food.According to the relevant international treaties,it can be concluded that the protection obligations of the State for food rights are divided into three aspects:respect,protection and performance.adequacy,safety and cultural acceptability.The way in which the State assumes the right to food is the way in which public policy is formed.This means mainly through the protection of the right to food of citizens through legal or administrative measures.The specific forms of payment mainly include material payment and monetary payment,Vulnerable groups or those who have lost their ability to work,but also in the special period such as natural disasters,the state for the direct payment of the affected people to protect the realization of their right to food;constitutional litigation,this approach is aimed at the right to food In the case of an infringement,the State is obliged to do so through the relief of the right to food.The fourth chapter of the article on the Chinese government commitment to the right to food development process and the status quo summed up and sort out,and summed up the current stage of what deficiencies.The fifth part of the article provides specific improvements to these deficiencies.In general,the author believes that the realization of the right to food should be undertaken by the state,the obligation to respect the content of respect for the protection and fulfillment of food,the obligation to implement the main way to pay,the development of public policy and constitutional litigation.China has made great achievements in fulfilling the state obligations of the right to food,but also there are many aspects that need to be improved.
Keywords/Search Tags:food rights, state obligations, human right
PDF Full Text Request
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