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Castrejón Violante, Laura Patricia

University of British Columbia

Food systems are at the epicenter of our environmental, equity and health crises. One way for addressing these interconnected challenges is the implementation of the human right to food. This research explores practical implications of explicitly including the right to food within state constitutions—a concept widely discussed in academia at a theoretical level but less examined empirically. Drawing on 30 countries that have recognized this right in their constitutions, this dissertation focuses on the strongest candidates: Mexico and Bolivia. This research developed a novel joined-up analytical framework, a comparative case study approach, and predominantly employs qualitative methods to evaluate the impact of a constitutional right to food on national-level legislation, policies, and court decisions. The findings reveal that the constitutional inclusion of the right to food is an effective way to advance the right’s realization. In Mexico and Bolivia the constitutional inclusion has triggered governmental actions to implement and extend the right to food beyond general constitutional principles. In Mexico, seven laws and five public policies have been enacted, accompanied by five court decisions addressing the right to food. Similarly, Bolivia has had four laws, six public policies, and three court decisions. Notably, in both countries, the three branches of government have exhibited a comprehensive understanding of the right to food. Governmental efforts to implement the right to food have considered key aspects of the right, including accountability and remedy, accessibility and availability, equity, environmental sustainability, health, procedural rights, and business responsibilities. However, despite these positive developments, legal gaps and systemic implementation challenges persist, hindering the potential of the right to food as an effective solution. Crucial right to food topics such as food loss and waste, protection for certain vulnerable populations, and social protection remain unaddressed. Furthermore, both countries face significant implementation challenges, which could explain the substantial gap between right to food promises and actual delivery. These findings highlight the need for ongoing scrutiny of human rights including right to food implementation research.

Text

2024-04-02

Attribution-NonCommercial-NoDerivatives 4.0 International

http://hdl.handle.net/2429/87663

Interdisciplinary Studies

University of British Columbia

UBCV

http://creativecommons.org/licenses/by-nc-nd/4.0/