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Is RTFN recognized in the legal system?

  • Ratification of ICESCR – 1992
  • LOSAN – SISAN (2006)- Comprehensive federal framework law on food and nutrition security (LOSAN) establishes the National Food and Nutritional Security System, with the objective of meeting State obligations toward realizing the human right to adequate food and nutrition for all. 2006. (copy oflaw in English annex)
  • CAISAN – Decree 6272 creates Food and Nutrition Security Interministerial Commission 2007

RTFN is explicitly protected in the Brazilian Constitution through Constitutional amendment EC 64 2010, which updated Article 6 to read:

“Education, health, food, work, housing, leisure, security, social security, protection of motherhood and childhood, and assistance to the destitute are social rights, as set forth by this Constitution. (CA No. 26, 2000; CA No. 64, 2010).”

Other mentions include:

Article 7: “The following are rights of urban and rural workers, among others that aim to improve their social conditions: (CA No. 20, 1998; CA No. 28, 2000; CA No. 53, 2006).
IV

–Nationally unified minimum monthly wage, established by law, capable of satisfying their basic living needs and those of their families with housing, food, education, health, leisure, clothing, hygiene, transportation, and social security, with periodical adjustments to maintain its purchasing power, it being forbidden to use it as an index for any purpose;”

Article 227: “It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment (…).”

Implicit protection of the right to adequate food:

Article 208: “The duty of the State towards education shall be fulfilled by ensuring the following: (CA No. 14, 1996; CA No. 59, 2009)
VII – assistance to students in all grades of basic education, by means of supplementary programmes providing school materials, transportation, food and health care.”

Degree to which persons perceive the action a violation of the RtFN: Number of cases of violations of the right to food (and water) documented.

  • The population, in general, is aware of the existence of the human right to food. However, the population at large is not adequately informed about what effectively the RTAFN entails, and what steps individual, groups and communities can take in case they identify that their RTAFN is not being fulfilled.
  • A significant part of civil society organizations and social movements is well aware of this right and a smaller proportion is also informed what steps must be taken to claim the RTFAN at local and national level. An even smaller number of CSOs, but still significant, is aware of regional and international recourse mechanisms.
  • Federal and state public officials are in general aware of the RTAFN but not necessarily informed of the respective state obligations, and the possible obligations under his/her governance.
  • Despite the increased recognition by the Brazilian State of its obligation in face of human rights, there isn’t yet a clear institutional culture of human rights accountability.
  • The national food and nutritional security plan, approved in 2011, included specific activities aimed at the institution and strengthening of recourse mechanisms.

Since 2000, dozens of cases alleging violations of the RTAFN were brought to the attention of different human rights recourse mechanisms at national, regional and international level.

Courts: Reparation and redress of right to adequate food and water alleged violation cases.

  • In Brazil, there are several recourse mechanisms which mandate includes the analysis of human right to adequate food violation allegations, but without a clear mandate to repair and redress when needed
    • National Rapporteurship on the Rights to food, land and territory, linked to the Brazilian Platform for Economic,, Social, Cultural and Environmental Rights.
    • State PublicMinistry Prosecutors
    • Federal Public Ministry Prosecutors
    • National Commission for the Monitoring of Right to Adequate Food Violations – linked to the National Human Rights Council.
  • Several cases were brought to the attention of public officials through the joint action of the National Rapporteurship and the State and Federal Public Ministries. Some conflicts and situations were object of negotiations and advocacy and there were some advances. But no effective reparation of documented violations took place, only quasi judicial conflict resolution.
  • One case was taken to court , through a Public Civil Action developed by the State Public Ministry of Alagoas. The case dealt with the proposal of the municipality to evict a set of communities of fisherfolkfrom the margins of a lagoon, in downtown Maceio, capital of the State of Alagoas/Brazil, to establish a urbanization/tourist site. The PCA demanded that the municipality should remove the communities to housing complexes which should have all the basic public services (water and sanitation, school, day care center, transportation and the fisher folk should be removed to an area close to a lagoon. The case was won in court and an appeal was also defeated. The initiative came to a stand still due to serious issues in the joint implementation by the three levels of government.(municipal, state, federal) see more in: . ftp://ftp.fao.org/upload/eims_object/Photo_library/ACP%20SURURU%20DEFINITIVA.pdf
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