Legal recognition

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 Their provisions may only be repealed, amended or suspended in the manner provided for in the treaties themselves or in accordance with the general rules of international law".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".