UNA PLATAFORMA PARA UNIR LAS LUCHAS POR TODOS LOS DERECHOS HUMANOS

• Anti-discrimination laws at national level

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  Article 14 of the Spanish Constitution states that “Spaniards are equal before the law and that they may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other condition or personal or social circumstance….Moreover, it enjoins the public authorities to promote conditions that ensure that the freedom and equality of individuals and of the groups that they form are real and effective; to remove obstacles that impede or hamper the fulfillment of such freedom and equality; and to facilitate the participation of all citizens in political, economic, cultural and social life (Article 9)…Discrimination on various grounds is generally combated by the same regulations, and the grounds of unlawful discrimination normally specified are a person’s origin, including racial or ethnic origin, sex, age, marital status, religion or beliefs, political opinion, sexual orientation, trade union membership, social status or disability. National law has implemented the duty to provide reasonable accommodation for disabled people, both in general terms and specifically in the field of employment.” [1]

  -Question of the Roma (discuss further with national actors)

  [1] (http://www.equalitylaw.eu/downloads/3682-2015-es-country-report-ln-final) (pp. 6-7)

   

• To what extent are rural communities shrinking

  
  % of population living in rural areas Read more

  1960: 43%

  2015: 20%

   

• Are there Intellectual Property Rights on seeds?

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  • Restrictions on the harvesting and re-sowing of own seeds (must meet certain requirements), and may not gift, exchange, or sell them
  • Pressure being put on local govts to enact policies favorable to the use and promotion of local seeds
• Laws protecting industrial seeds

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  • Upon (suspected) infringement, seeds and crops can be confiscated or destroyed, and farmer can be fined.  Unclear if farmer can be required to serve jail time.
  • All species, including wild ones, can be privatized
  • Local seeds may be privatized if “discovered”
• Pesticide use by volume and by expenditure

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  • Fungicides and Bactericides: 102.39 tonnes
  • Herbicides: 69.74 tonnes
  • Insecticides: 332.75 tonnes; sharp increase since 2009

   

Participation is one of the fundamental human rights principles, requiring that everyone has the right to participate in making decisions that affect them. In order to ensure that those most affected by violations to the right to food and nutrition participate in political processes, it is essential to have the legal and policy infrastructure within national frameworks, as well as the participatory spaces that give meaningful space for participation.

• Legal Recognition of the Right to Food and Nutrition

  
  Is Right to Food recognized in the legal system Read more

  The Constitution of the Kingdom of Spain implicitly guarantees the right to adequate food through broader human rights.

  Implicit protection of the right to adequate food in constitution:

  Article 35.1: "All Spaniards have the duty to work and the right to work, to the free choice of profession or trade, to advancement through work, and to a sufficient remuneration for the satisfaction of their needs and those of their families. Under no circumstances may they be discriminated on account of their sex."

  Directive principles of state policy:

  Article 41: “The public authorities shall maintain a public Social Security system for all citizens guaranteeing adequate social assistance and benefits in situations of hardship, especially in case of unemployment. Supplementary assistance and benefits shall be optional.”

  National status of international obligations:

  Article 10.2: “Provisions relating to the fundamental rights and liberties recognized by the Constitution shall be construed in conformity with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain". 

  Article 96.1: “Validly concluded international treaties, once officially published in Spain, shall be part of the internal legal system. Their provisions may only be repealed, amended or suspended in the manner provided for in the treaties themselves or in accordance with the general rules of international law". 

  →Right to adequate food is not included in the legal instruments available to the Spanish State as such, but that in many ways, and with a free interpretation of the 1978 Constitution, it is included in the right to a dignified life. Therefore, the experts from Spain did not deem it necessary to modify the Spanish legislation in order to explicitly include the right to adequate food, taken that existing instruments and laws already guarantee the right and assure its protection". 

   
• National Food Security Policy

  
  Is there a national food security policy with implementation/action? Read more

  - The Spanish Agency for Consumption, Food Security, and Nutrition (Agencia Española de Consumo, Seguridad Alimentaria y Nutrición--AECOSAN) was created in 2014 (replacing its preceding agency).  Among other functions related to food and nutrition, AECOSAN is charged with elaborating, implementing, and executing food security and nutritional policies at the national level [1]

  • Food Security Policy: Plan Nacional de Control Oficial de la Cadena Alimentaria (PNCOCA).  This plan aims to develop and improve official control plans in the field of primary production to certify, by complying with the rules on food safety and quality, food arriving in Spain is safe for the citizens and of a high quality, while at the same time promoting the Spanish food industry. The plan’s goal is to defend the rights of consumers in the food chain and help maintain the unity of the market while guaranteeing high level of food quality and a diversity of food products.
  • Nutritional Policy: Estrategia NAOS (Estrategia para la Nutrición, Actividad Física y Prevención de la Obesidad), launched in 2005.  Aims to reduce obesity rates (and by extension morbidity caused by non-communicable diseases) through the promotion of healthy eating habits and physical exercise, focusing on youth.

  - Ley 17/2011 de Seguridad Alimentaria y Nutricion [2]

   

  [1] http://www.aecosan.msssi.gob.es/AECOSAN/web/home/aecosan_inicio.htm

  [2] http://www.boe.es/boe/dias/2011/07/06/pdfs/BOE-A-2011-11604.pdf

   
• Existence of multiactor governing or decision making bodies for food policy at national, subnational and/or local level with diverse participation of civil society organizations

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  Comunidades autónomas:

  • Each autonomous community has its own ministry of health working on issues of food security and nutrition
  • Since 2008, the NAOS Strategy works in coordination with the Ministries of Health of the Autonomous Communities (CCAA) through a technical working group, within the framework of the powers of each of the Administrations. This working group is also coordinated with the ministries and departments of Agriculture and Education when matters that concern them are addressed.
  • Food and Nutrition Security Policy of the EU Commission- mostly aimed at developing countries. [1]

   

  [1] http://www.ecipe.org/app/uploads/2014/12/food-security-and-the-eus-commo...