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Fed up with the Right to Food?

  • Fed up with the Right to Food?

Fed up with the Right to Food?

Otto Hospes and Bernd van der Meulen

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£35.77
Author(s): Otto Hospes and Bernd van der Meulen

About The Book

There is no one in this world who would deny the importance of access to adequate food for every human being. In fact, access to food has been declared a human right in 1948 with the Universal Declaration of Human Rights. In spite of the right to food to be more than half a century old, many are not aware, misunderstand or even marginalize this human right.

This book serves two purposes and many audiences. First, it is meant for those who want to get a better understanding of the right to food and how this right has been developed in international law. Second, it also explains why this human right has been marginalized by one of the richest countries in the world: the Netherlands. As such this unique collection of articles provides an exciting view on the making of law and policy, with contributions from lawyers, sociologists and human rights defenders.

Additional Information

Author Otto Hospes and Bernd van der Meulen
Availability In Print
Dimensions Unknown
Extent 192 pp
ISBN 9789086861071
Publication date 2009
Book Type Softcover

Contents

Abbreviations

About the authors

Chapter 1 - Introduction: what is there to celebrate in the Netherlands on World Food Day?

  • 1. World Food Day
  • 2. World Hunger Day
  • 3. The right to adequate food
  • 4. The Netherlands domestically
  • 4.1 Poverty in the Netherlands
  • 4.2 Food Banks
  • 4.3 Hunger as a policy instrument?
  • 4.4 Starving for (case) law
  • 5. The Netherlands internationally
  • 5.1 Reports
  • 5.2 De FAO Voluntary Guidelines
  • 5.3 Extra territorial obligations
  • 5.4 The right to food or fuel? The tense relationship between food, biofuel and human rights
  • 6. Fed up with the right to food?

Chapter 2 - An adequate right to food?

  • 1. Introduction
  • 2. Background
  • 2.1 The Dutch legal system
  • 2.2 Human rights in the Dutch Constitution
  • 2.3 The right to food in the Dutch Constitution
  • 2.4 Human rights education in the Netherlands
  • 3. The right to adequate food in Article 11 ICESCR
  • 3.1 Introduction
  • 3.2 The rights contained in the Constitution and in the Covenant in legal practice
  • 3.3 Case law of the Central Appeals Court
  • 3.4 Case law of the civil courts
  • 3.5 The attitude of the Dutch Government
  • 3.6 The right to be free from hunger in Dutch foreign policy
  • 4. Dutch food law outside the context of ICESCR
  • 4.1 EU/Dutch food safety law
  • 4.2 Framework legislation
  • 4.3 The system of food law
  • 4.4 The substance of food
  • 4.5 Food handling
  • 4.6 Labelling
  • 4.7 Legal protection
  • 4.8 Influence on commerce
  • 5. Conclusion
  • Further reading

Chapter 3 - Dutch schizophrenic constitutional law and enlightening practices of the European Court for Human Rights

  • 1. Introduction
  • 2. Schizophrenic constitutional law
  • 3. International criticism
  • 4. The ECHR and the ECtHR
  • 5. Convergence of human rights under the ECHR
  • 6. Direct action against legislation/policy on the basis of the ECHR
  • 7. Conclusion

Chapter 4 - Veiled justice

  • 1. Introduction: charged with rejecting the human right to food
  • 2. Reasons for rejecting direct applicability
  • 3. The cases
  • 4. Verdict
  • 5. A new day dawning?

Chapter 5 - Hunger as a policy instrument?

  • 1. Introduction
  • 2. Social security and work as fundamental rights
  • 3. Workfare and the effect on the balance between rights and duties
  • 3.1 Indiscriminate powers over the individual
  • 3.2 Exclusionary effects
  • 4. Workfare or forced labour?
  • 5. A refreshing approach: the district court of Arnhem, 8 October 2008
  • 6. Conclusion

Chapter 6 - The Netherlands and the Making of the Voluntary Guidelines on the Right to Food

  • 1. Introduction
  • 2. The intergovernmental process in the IGWG between 2003 and 2004
  • 2.1 The first IGWG meeting
  • 2.2 The second IGWG meeting
  • 2.3 The IGWG inter-sessional meeting
  • 2.4 The third IGWG meeting
  • 3. The role of the Netherlands
  • 3.1 The international dimension
  • 3.2 The solution ? the ?Friends of the Chair? Meeting, September 2004
  • 3.3 What can be learned from this experience?
  • References

Chapter 7 - A ?rosy picture??

  • 1. Introduction
  • 2. Objectives of the reporting procedure
  • 3. Background to the Dutch report
  • 4. Features of the Dutch government report
  • 5. The dialogue between Committee and government
  • 6. The Concluding Observations
  • 7. Evaluation of the dialogue between the Netherlands and the Committee
  • 8. Follow-up and evaluation
  • 9. The new Dutch report in 2008
  • 10. Other developments

Chapter 8 - Regulating biofuels in the name of sustainability or the right to food?

  • 1. Introduction
  • 2. Two different UN frameworks for national governments
  • 3. Is the Dutch framework on sustainable biomass sustainable?
  • 3.1 Exclusive multi-stakeholder consultation
  • 3.2 Discussing new rules but not the rules of the game
  • 3.3 Within the frameworks of WTO and EU law
  • 4. Conclusion
  • References

Chapter 9 - The hungry challenging the global elite

  • 1. Introduction
  • 2. An international economic order based on the human right to food
  • 3. Human Rights always start at home
  • 4. Human Rights ? green light for export and investment promotion?
  • 5. Home state regulation of transnational economic activities
  • 6. Liberalisation versus Human Rights
  • 7. Working together to realise the human right to food for all
  • Further reading

Annexes

  • Annex 1 Treaty provisions on the human right to food
  • Annex 2 General Comments of UN Committee on Economic, Social and Cultural Rights
  • Annex 3 Voluntary guidelines

Index

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