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Mechanisms to Claim the Human Right to Adequate Food in Brazil

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Mechanisms to Claim the Human Right to Adequate Food in Brazil Exigibiladade: Mechanisms to claim the human right to adequate food in Brazil Right to Food Studies Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil Valéria Burity Luisa Cruz Thaís Franceschini Food and agriculture organization oF the united nations rome, 2011 The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views of FAO. E-ISBN 978-92-5-106814-4 (PDF) All rights reserved. FAO encourages reproduction and dissemination of material in this information product. Non-commercial uses will be authorized free of charge, upon request. Reproduction for resale or other commercial purposes, including educational purposes, may incur fees. Applications for permission to reproduce or disseminate FAO copyright materials, and all other queries concerning rights and licences, should be addressed by e-mail to [email protected] or to the Chief, Publishing Policy and Support Branch, Office of Knowledge Exchange, Research and Extension, FAO, Viale delle Terme di Caracalla, 00153 Rome, Italy. © FAO 2011 Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil Right to Food Studies Right to Food Studies is a series of articles and reports on right to food related issues of contemporary interest in the areas of policy, legislation, agriculture, rural development, biodiversity, environment and natural resource management. The Food and Agriculture Organization of the United Nations (FAO) would like to thank the Governments of Germany, Norway, Spain and the Netherlands for the financial support which made possible the development of this study. Right to Food Studies are available at www.fao.org/rightofood/. For those without web access, mail or paper copies may be requested from the Right to Food Unit, FAO, Viale delle Terme di Caracalla 00153, Rome, Italy, [email protected]. Readers are encouraged to send any comments or reactions they may have regarding a Right to Food Study. The positions and opinions presented do not necessarily represent the views of the Food and Agriculture Organization of the United Nations. © FAO 2011 SPANISH AGENCY FOR INTERNATIONAL DEVELOPMENT COOPERATION AuthoRS oF thiS pApeR: Valéria Burity is a Human Rights Consultant for the Brazilian Action for Nutrition and Human Rights (ABRANDH). Ms. Burity is a Law graduate from the Federal University of Paraíba (UFPB). She holds a Master’s degree in Legal Sciences from the Center of Legal Sciences of the UFPB. Graphic design: Tomaso Lezzi, Daniela Verona Lezzi, Daniela Tomaso design: Graphic Luisa Cruz works as Legal Consultant for the Economic and Social Department within FAO. Ms. Cruz is a Colombian lawyer from Los Andes University of Bogotá , Colombia and holds a Master’s Degree in European Studies and International Relations from La Sapienza University of Rome, Italy. Thaís Franceschini is a Human Rights Consultant for the Brazilian Action for Nutrition and Human Rights (ABRANDH). Ms. Franceschini graduated in International Relations from the University of Brasilia (UnB) and in Law from the Unified Learning Center of Brasilia (UniCEUB). She also holds a Master’s degree in Theory and Practice 3 of Human Rights from the University of Essex, England. Cover photo by M. Casal Jr/ABr photo by Cover Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil List of Boxes 6 List of Abbreviations 6 Foreword 8 Introduction 10 The Right to Food: origins and legal foundation 11 (a) International instruments 11 (b) The human right to adequate food 13 (c) Main obligations of states 13 (d) Violations of the right to food 14 The human right to adequate food in Brazil: broad context 15 1. Claiming the Right to Food at national level 19 1.1 The legal and political basis of human rights claim mechanisms 19 1.2 Different types of claim mechanisms 21 1.2.1 Administrative claim mechanisms 21 1.2.2 Political claim mechanisms 23 1.2.3 Quasi-judicial claim mechanisms 24 1.2.4 Judicial claim mechanisms 27 1.2.5 Civil society initiatives as a form of claiming human rights 29 1.3 Interrelation between different claim mechanisms: building the case 32 1.4 The key role of national institutions in consolidating claim mechanisms 36 1.4.1 The Standing Commission on the Human Right to Adequate Food (National Council on Food and Nutrition Security (CONSEA) 36 1.4.2 Special Commission to Monitor Violations of the Human Right to Adequate Food 41 1.4.3 The National Rapporteurship Project on Economic, Social, Cultural and Environmental Human Rights 43 2. Claiming the right to food at international level: global and regional perspectives 47 2.1 Quasi-judicial advances from the UN treaty bodies 48 2.2 Global procedures for political exigibility at international level 52 2.2.1 The Universal Periodic Review: Brazilian review process of 2008 52 2.2.2 Special Procedures: emphasis on the work of the Special Rapporteur on the Right to Food 53 4 Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil 2.2.3 The Inter-American System of Human Rights: significant opportunities for claiming the right to adequate food despite structural challenges 55 2.2.4 Opportunities to grasp 57 2.3 Current and future challenges 59 2.4 The way forward: new issues, new perspectives 60 3. Strengthening human right to adequate food claim mechanisms: challenges and steps 62 3.1 Considerations on the effectiveness of claim mechanisms: the Brazilian experience 62 3.1.1 Administrative instruments 63 3.1.2 Political claim mechanisms 63 3.1.3 Quasi-judicial mechanisms 63 3.1.4 Judicial mechanisms 63 3.1.5 The Agrarian Reform 64 3.1.6 Criminalization of social movements 65 3.2 Three fundamental steps for strengthening rights claim mechanisms 65 3.2.1 People need to know they have rights - taking ownership 66 3.2.2 Duty bearers need to be aware of and to fulfil their obligations 72 3.2.3 The need to establish claiming routines and procedures 75 4. General conclusions 79 Bibliography 82 Annex 1. Guide for analyzing public policies and programmes from a human rights perspective 85 Annex 2. Rights Claiming Instruments 101 5 Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil List of Boxes and aBBreviations FoRewoRd And intRoduction intRoduction 1. clAiming the Right to Food At nAtionAl level 2. clAiming the Right to Food At inteRnAtionAl level: globAl And RegionAl peRSpectiveS 3. StRengthening humAn Right to AdequAte Food clAim mechAniSmS: chAllengeS And StepS 4. geneRAl concluSionS AnnexeS Photo by M. Casal Jr/ABr by Photo List of Boxes Box 1. Examples of political claims 24 Box 2. Quasi-judicial claim mechanisms in the State of Alagoas 27 Box 3. How to replicate the experiences of both the Standing Commission on the Human Right to Adequate Food and the Special Commission to Monitor Violations of the Human Right to Adequate Food in other countries 42 Box 4. The Work of the National Rapporteurship 44 Box 5. How to replicate this experience in other countries 46 Box 6. The Optional Protocol: how does it work? 49 Box 7. The Human Rights Committee: an example of quasi-judicial protection for the human right to adequate food in a case related to detention conditions 51 Box 8. Sawhoyamaxa Indigenous Community v. Paraguay 56 Box 9. Implementation of instruments for claiming human rights 77 List of Abbreviations ABRANDH Ação Brasileira pela Nutrição e Direitos Humanos (Brazilian Action for Nutrition and Human Rights) ACELBRA Associação dos Celíacos do Brasil (Brazilian Celiac Association) ACP Ação Civil Pública (Public Civil Action) ANVISA Agência Nacional de Vigilância Sanitária (Brazilian Health Surveillance Agency) CAE Conselho de Alimentação Escolar (School Feeding Council) CDDPH Conselho de Defesa dos Direitos da Pessoa Humana (National Council for the Defense of the Rights of the Human Person) CERD Committee on the Elimination of Racial Discrimination CEDAW Committee on the Elimination of Discrimination Against Women CESCR Committee on Economic, Social and Cultural Rights CONSEA Conselho Nacional de Segurança Alimentar e Nutricional (National Council on Food and Nutrition Security – Brazil) CPR Civil and Political Rights ESCEHR Economic, Social, Cultural and Environmental Human Rights ESCR Economic, Social and Cultural Rights ESF/MS Estratégia Saúde da Família/Ministério da Saúde (Family Health Strategy/ Ministry of Health) 6 Exigibilidade: Mechanisms to claim the human right to adequate food in Brazil FAO Food and Agriculture Organization of the United Nations FIAN FoodFirst Information Action and Network FIBGE Instituto Brasileiro de Geografia e Estatística (Brazilian Institute of Geography and Statistics Foundation) FNDE Fundo Nacional de Desenvolvimento da Educação (National Education Development Fund) FNS Food and Nutrition Security GAJOB Gabinete de Assessoria Jurídica às Organizações Populares (Legal Advisory Office for Popular Organizations) GC 12 General
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