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On The Right To Food In The Right To An Adequate Standard Of Living In Our Country

Posted on:2019-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z H DiFull Text:PDF
GTID:2436330566990737Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The right to an adequate standard of living was proposed for the first time in Article 25,paragraph 1,of the 1948 Universal Declaration of Human Rights,which states that in order to maintain physical health and welfare,everyone has the right to an appropriate standard of living in terms of food,housing,and medical care.Rights;Once there is a situation that creates difficulties for the realization of this right,such as unemployment,sickness,old age,or inability to work,it has the right to request protection from the state for a reasonable purpose.In accordance with Article 11 of the 1966 UN International Covenant on Economic,Social and Cultural Rights,everyone has the right to an adequate standard of living in food,housing,clothing,etc.,and to continuously improve their living conditions.Article 27 of the 1988 Convention on the Rights of the Child re-emphasizes this right,and every child has the right to a proper life necessary to maintain his physical and psychological development.Some regional international conventions also confirm the right to an adequate standard of living.After repeated confirmation and repeated emphasis on a series of global conventions,the right to an appropriate standard of living has been gradually established.Judging from the legal attributes of the right to an appropriate standard of living,the right to an appropriate standard of living should be statutory rights,basic rights,and social rights.The right to an appropriate standard of living mainly includes the two elements of the right to housing and the right to food.The state has the responsibility to respect,protect and fulfil the implementation of the right to guarantee an adequate standard of living.Judging from the implementation of the right to an adequate standard of living,there is no explicit provision for the right to an adequate standard of living in our Constitution.The content of the right to an adequate standard of living is scattered among other articles and is guaranteed through the protection of other rights.Right to life.The right to housing and food,which are the main content of the right to an adequate standard of living.The right to housing has been stipulated in Article 39 of the Constitution of our country.There is no provision in the constitution of China for the right to food.In specific laws,it is mainly stipulated on food safety in the right to food.The protection of other contents in China has not yet been established.Caused enough attention.This article mainly from the perspective of the right to food,through the protection of the right to food to protect the realization of the right to a proper standard of living of citizens.China currently has problems such as insufficient food supply,low nutritional levels,and frequent food safetyincidents.China's legal protection of the right to food has problems such as unclear legal provisions,ineffective food safety supervision,more one-sided protection of the right to food,and difficulties in obtaining relief.Foreign legal protection of the right to food is mainly reflected in the constitutional guarantee and judicial practice.Based on current issues and foreign experience,the author proposes that legislation should include the right to food in the constitution and improve the legal system for the protection of the right to food.The food safety supervision mechanism should be improved to ensure the food supply system in law enforcement.The range of plaintiffs in the public interest litigation should be expanded judicially to broaden the scope of the case.The scope of administrative proceedings received.
Keywords/Search Tags:Right to appropriate living standards, Right to food, legal protection
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