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Is RTFN recognized in the legal system?


The Constitution of the Republic of Indonesia implicitly guarantees the right to adequate food through broader human rights.

The Republic of Indonesia has become a State party to the International Covenant on Economic, Social and Cultural Rights in 2006 by way of accession.

 

State Policy

Implicit protection of the right to adequate food in State Constitution

Article 28C:

(1) Every person has the right to self-realization through the fulfillment of his basic needs, the right to education and to partake in the benefits of science and technology, art and culture, so as to improve the quality of his life and the well-being of mankind.”

Article 28H:

(1) Each person has a right to a life of well-being in body and mind, to a place to dwell, to enjoy a good and healthy environment, and to receive medical care.

(3) Each person is entitled to social security enabling him to develop his entire self unimpaired as a dignified human being.”

 

Food Law No. 18 (2012). Indonesia was an early adopter in 1997 of a food law that covered various aspects of food security and established an institutional coordination framework, as well as a food security council chaired by the President of the Republic. It also mentioned the right to food, but did not have substantive or actionable provisions on the right or on human rights-based approaches. In 2010 the food law was thoroughly revised, and stronger elements of the right to food as well as of food sovereignty were brought in, so that the law now qualifies for a full score under the FAO indicators for framework laws. http://extwprlegs1.fao.org/docs/pdf/ins139381E.pdf

Directive principles of state policy

Article 28I:

(4) Protecting, promoting, upholding, and the full realization of human rights are the responsibilities of the state, foremost of the government.”

 

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