Ensuring the right to safe food

It is the state’s duty to save the general consumers from deceptive practice of certain manufactured food providers through regulation, policymaking, investigation, monitoring, and enforcement

Article 25 of the Universal Declaration of Human Rights ensures that everyone possesses a right to a standard of living adequate for the health and well-being of himself and his family, including food. Thus we can realize that the right to food is a basic human right and safe and quality food is the precondition of our good health, working energy and sound growth. Modern lifestyle and urbanization have made people more dependent on processed and manufactured food. Consequently, food industries have a rapid growth over the last couple of decades. Now a day, the manufactured food industry manages and controls our foods from farm to fork. 

But unfortunately most of the processed foods that we consume today are widely unsafe. These unsafe foods largely contribute to the different chronic and non-chronic foodborne diseases. According to the Global Burden of Disease study, 2013 unsafe and poor foods constitute to the world’s leading cause of early deaths, and responsible for 11 million deaths annually. 
Under articles 11 and 12 of ICESCR, everyone has right to food and highest attainable standard of physical and mental health. UN General Assembly advocates the right of everyone to have access to safe, sufficient and nutritious food in its resolution no. 63/187 of 18 December 2008. 
The Human Rights Council also repeated the same in its resolution on 27 March 2008. FAO in its World Declaration on Nutrition in December 1992 speaks about the right of individual to get safe food (para1). 
Also the 1996 Rome Declaration on World Food Security, the Draft Principles on Human Rights and the Environment of 16 May 1994 (para. 8), the UN Guidelines for Consumer Protection (as expanded in 1999), and the 2007 Beijing Declaration on Food Safety reiterate about the safe and nutritious food. So it can be said that the right to safe food is basic human right of an individual guaranteed under international laws.
Recognizing corporate unparalleled control over the world’s food systems United Nations incorporated a Guiding Principles on Business and Human Rights to uphold corporate respect for human rights in the food sector and fortify governments’ protective obligations to ensure adequate safe food. 
According to Guiding Principles it is the state’s duty to save the general consumers from deceptive practice of the manufactured food providers through regulation, policymaking, investigation, monitoring, and enforcement. It is mentionable that international trade rules also recognize the right of states to protect consumers from deceptive business practices.
Food manufacturers are liable for the negligent activities which render the food unsafe. It is the duty of states to take appropriate measures to prevent and redress tortuous activities of the food manufacturers through food legislation. 
WHO identified foodborne diseases as an international people health challenge. 
After the repetition of serious incidences of food adulteration all over the world, food safety issue has become a subject of international concern. Beijing Declaration on Food Safety in 2007 recognizes that monitoring the deficiency in food safety scheme is a crucial role of the government that protects consumers from foodborne diseases. To this end, the Declaration urges about the comprehensive and integrated approach including all stakeholders to prevent tortuous activities of food manufacturers.
Food manufacturers should respect human rights and operate their businesses in the light of UN Guiding Principles on Business and Human Rights, which were also clinched by the UN Human Rights Council in 2011 defining the universal standard for this specific area of business conduct. Any infringement in this respect should be redressed by exemplary punishment.
Food should remain safe and sound at all times including during its production to consumption. The right to safe food is the key recognized human rights. 
As the general consumers have less control over the manufactured food processing system and poor knowledge to identify accurateness of the food. 
This is why the Latin maxim caveat emptor meaning let the buyer beware should not be considered for retail selling of manufactured food. It is the responsibility of the state to ensure the supply of safe food to the consumers. Otherwise, it is unable for a country to ensure access to food (goal 1) and good health (goal 2) for it subjects under Sustainable Development Goals (SDGs).

The writer is an Advocate and Research Assistant (Law) at Bangladesh Institute of Law and International Affairs (BILIA). 
Email: [email protected].

 

Ensuring the right to safe food

It is the states duty to save the general consumers from deceptive practice of certain manufactured food providers through regulation, policymaking, investigation, monitoring, and enforcement

Article 25 of the Universal Declaration of Human Rights ensures that everyone possesses a right to a standard of living adequate for the health and well-being of himself and his family, including food. Thus we can realize that the right to food is a basic human right and safe and quality food is the precondition of our good health, working energy and sound growth. Modern lifestyle and urbanization have made people more dependent on processed and manufactured food. Consequently, food industries have a rapid growth over the last couple of decades. Now a day, the manufactured food industry manages and controls our foods from farm to fork. But unfortunately most of the processed foods that we consume today are widely unsafe. These unsafe foods largely contribute to the different chronic and non-chronic foodborne diseases. According to the Global Burden of Disease study, 2013 unsafe and poor foods constitute to the worlds leading cause of early deaths, and responsible for 11 million deaths annually. Under articles 11 and 12 of ICESCR, everyone has right to food and highest attainable standard of physical and mental health. UN General Assembly advocates the right of everyone to have access to safe, sufficient and nutritious food in its resolution no. 63/187 of 18 December 2008. The Human Rights Council also repeated the same in its resolution on 27 March 2008. FAO in its World Declaration on Nutrition in December 1992 speaks about the right of individual to get safe food (para1). Also the 1996 Rome Declaration on World Food Security, the Draft Principles on Human Rights and the Environment of 16 May 1994 (para. 8), the UN Guidelines for Consumer Protection (as expanded in 1999), and the 2007 Beijing Declaration on Food Safety reiterate about the safe and nutritious food. So it can be said that the right to safe food is basic human right of an individual guaranteed under international laws. Recognizing corporate unparalleled control over the worlds food systems United Nations incorporated a Guiding Principles on Business and Human Rights to uphold corporate respect for human rights in the food sector and fortify governments protective obligations to ensure adequate safe food. According to Guiding Principles it is the states duty to save the general consumers from deceptive practice of the manufactured food providers through regulation, policymaking, investigation, monitoring, and enforcement. It is mentionable that international trade rules also recognize the right of states to protect consumers from deceptive business practices. Food manufacturers are liable for the negligent activities which render the food unsafe. It is the duty of states to take appropriate measures to prevent and redress tortuous activities of the food manufacturers through food legislation. WHO identified foodborne diseases as an international people health challenge. After the repetition of serious incidences of food adulteration all over the world, food safety issue has become a subject of international concern. Beijing Declaration on Food Safety in 2007 recognizes that monitoring the deficiency in food safety scheme is a crucial role of the government that protects consumers from foodborne diseases. To this end, the Declaration urges about the comprehensive and integrated approach including all stakeholders to prevent tortuous activities of food manufacturers. Food manufacturers should respect human rights and operate their businesses in the light of UN Guiding Principles on Business and Human Rights, which were also clinched by the UN Human Rights Council in 2011 defining the universal standard for this specific area of business conduct. Any infringement in this respect should be redressed by exemplary punishment. Food should remain safe and sound at all times including during its production to consumption. The right to safe food is the key recognized human rights. As the general consumers have less control over the manufactured food processing system and poor knowledge to identify accurateness of the food. This is why the Latin maxim caveat emptor meaning let the buyer beware should not be considered for retail selling of manufactured food. It is the responsibility of the state to ensure the supply of safe food to the consumers. Otherwise, it is unable for a country to ensure access to food (goal 1) and good health (goal 2) for it subjects under Sustainable Development Goals (SDGs). The writer is an Advocate and Research Assistant (Law) at Bangladesh Institute of Law and InternationalAffairs (BILIA). Email: [email protected].