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Study On The Issue Of The Right To Food In The Constitution

Posted on:2021-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J RuanFull Text:PDF
GTID:2416330611492606Subject:Constitution and Administrative Law
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The right to food is an important basic human right because obtaining sufficient and nutritious food is not only to meet everyone's physiological needs but also the prerequisite for people's survival and development.The right to food has been generally recognized and protected by the international community because of its importance.At present,due to differences in the development level of various countries,the degree of protection of the right to food also varies.For the protection of human rights,the Constitutional protection is the most fundamental and powerful way.The protection of the right to food in the Constitution is an international trend.More and more countries have included the right to food in the Constitution in different forms.According to the standards of the international community,China 's protection of the right to food is still at a low to medium level,and there is no systematic protection of the right to food in the Constitution and other laws and regulations.This is also an important reason why the problems of food safety,nutrition,and hunger in our country are frequent and have not been solved well.Therefore,this article is guided by the issue of the right to food in the Constitution,mainly from the following aspects to discuss the issue of the right to food,and strives to adopt the right to food in the Constitution to receive due attention and protection:First,by sorting out the types of food problems in the "3 · 15 Evening Party" in the past ten years,the content of the right to food related to domestic food problems is visually presented,and then the provisions on the right to food in the International human rights documents are systematically elaborated,from which is sorted out the development history of the right to food that was gradually recognized and protected,and then analyze the basic content of the right to food,to have a clear grasp of the basic theoretical issues of the right to food.Secondly,from the perspective of human rights research,the right to food is a theoretical proof of basic rights---It not only satisfies the basic needs of human survival and development but also realizes human purpose.It is an inherent requirement of human dignity.Its basic status in the human rights system is that the rights to survival,health,and social security cannot be replaced And cannot be abandoned or waived by the right subject.At the same time,it is a positive right,which requires the state to fulfill its active obligations to ensure its implementation.It is precisely for this reason that the rightto food in the Constitution as an international consensus.We should actively undertake the obligations conferred by the international community and conform to the times to include the right to food in the Constitution.Thirdly,it points out that the rights subject's notion of safeguarding the right to food is weak,obligated subjects have misunderstandings about the protection of the right to food,the legal system is imperfect,and the uneven distribution of resources in reality,and conduct a feasibility analysis to eliminate obstacles.Finally,by investigating and analyzing several internationally accepted modes of the right to food in the Constitution,the paper puts forward the mode of directly entering the Constitution as the basic right and analyzes the feasibility of the model.
Keywords/Search Tags:the right to food, human rights, basic rights, national obligations, the right to food in the Constitution
PDF Full Text Request
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