Every year, World Food Day is celebrated on the 16th October. This year’s theme is “Right to foods, for a better life and a better future. Leave no one behind.” Article 25 (1) of the 1948 Universal Declaration of Human Rights (UDHR) stipulates: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” Thus, the right to food is a fundamental human right which is recognised in the UDHR, as part of the right to an adequate standard of living.

The International Convenant on Economic, Social and Cultural Rights (ICESCR) is the international treaty which contains provisions on the right to adequate food, as part of the right to an adequate standard of living, as well as the right to be free from hunger. In the context of international law, a “party” is a state which has ratified or acceded to a treaty. Parties to the ICESCR have the obligation to respect, protect and fulfil the human right to food.

Consequently, State parties have taken measures to enshrine the right to food in their national constitution and legislation. The level of constitutional recognition of the right to food varies among countries in the world. According to the Food and Agricultural Organisation (FAO) database on “The Right to Food around the Globe”, the constitutions of 29 countries provide explicit protection of the right to adequate food or freedom from hunger. However, explicit recognition of the right to food in national constitutions does not necessarily mean that the right to food is fulfilled. The FAO also reports that the Republic of Mauritius has become a State party to the ICESCR in 1973 by way of accession, and that its constitution does not contain provisions related to the right to adequate food.

In Mauritius, the Food Act 2022 and the Food Standards Agency Act 2022 provide the legal framework for the national food control system. These legal texts specifically address safety and nutritional quality of food to prevent foodborne disease, ensure good nutritional status and protect public health. Food safety and nutrition contribute to food security which is related to the right to food. Food security is achieved when everyone in a specific context, at all times, has physical, social and economic access to sufficient, safe, nutritious and quality food for an active and healthy life. Thus, the right to food that meets dietary needs and preferences is essential for a healthy, active, decent and dignified life.

However, the right to food is not limited to access to diverse, safe, nutritious and affordable food for everyone, everywhere. It is also about the way food is produced, stored, transported, distributed, marketed and consumed. Sustainable food systems that address economic, social and environmental challenges can contribute to make the right to food a reality for present and future generations.

Globally, the right to food is jeopardised by armed conflicts, climate change, biodiversity loss and inequalities which are important drivers of hunger and malnutrition. The prevalence of food insecurity in the world calls for a holistic and human rights approach to overcome hunger, promote good health and wellbeing. The right to food is closely linked to other human rights such as the right to water, the right to health and the right to work and fair remuneration. Thus, realisation of the right to food depends on fulfilment of other human rights.

A rights-based approach applies the following principles: accountability of duty-bearers to right holders; active participation of all stakeholders in policy development; non-discrimination; focus on the vulnerable; transparency; empowerment; human dignity; the rule of law. Policies and actions need to create an enabling environment to ensure that everyone can feed oneself in dignity. Human rights must be placed at the heart of food systems transformation to fulfill the right to food, for a better life and a better future, leaving no one behind.