Justiciability

IACHR Hearing - Bajo Aguan Honduras 2011
Although the right to food has been recognized in various instruments of international law and several national constitutions, many countries still lack a judicial culture of recognition in practice and/or the legal frameworks regarding the justiciability of the rights enshrined in the Covenant on Economic Social and Cultural Rights. There is also often a lack of a high level of enforcement.

Justiciability is essential for the right to food to be a legal right.

The right to food is justiciable when victims have the opportunity to bring their cases before a court or other judicial or quasi-judicial body, and get judgments in their favor. This includes compensation for the damage suffered, a guarantee of non-repetition and the expeditious enforcement of the court’s orders. Justiciability is essential for the right to food to be a legal right.

FIAN's Work

Through its justiciability work, FIAN designs and implements strategies to position the right to food within the legal frameworks and jurisprudence of countries and regions.  At the level of the international human rights regime, the program includes FIAN’s support of the Optional Protocol initiative. The Optional Protocol to the International Covenant on Economic, Social and Cultural rights aims to allow individuals to bring complaints for violations of the rights guaranteed in the Covenant.

Latest News

Press Release | 04-12-2014
GuatemalaIncome and Social SecurityJusticiabilityMonitoring and Accountability

International Mission in Guatemala presents preliminary findings

The Third International Mission on the Right to Food and the situation of Human Rights Defenders was held from 21 November 3 to December 2014 in Guatemala, presenting a number of preliminary findings.    Read more

News | 17-11-2014
ParaguayPeasants' RightsJusticiability

Trial is postponed on the 'Curuguaty massacre' case

The trial of the criminalized peasants scheduled for 17 November has been postponed until June 2015.    Read more

News | 11-11-2014
EcuadorMonitoring and AccountabilityJusticiability

Event in Berlin discusses current land legislation in Ecuador

In an information event organized by FIAN Germany, the Ecuadorian lawyer Milton Yulán discusses the urgency of an agrarian reform and the criminalization of social movements in Ecuador    Read more

Open Letter | 16-06-2014
ParaguayIndigenous PeoplesJusticiability

Historic victory for Sawhoyamaxa indigenous community in Paraguay

Expropriation bill enables community to return to its ancestral lands after over twenty years of struggle and resistance    Read more

Statement | 29-04-2014
ParaguayIndigenous PeoplesJusticiabilityMonitoring and Accountability

Expropriation bill brings closer return of the Sawhoyamaxa ancestral lands

FIAN welcomes the Paraguayan Senate’s approval of a bill that would restitute the ancestral territory to the Sawhoyamaxa indigenous community    Read more

Journal | 07-10-2013
UgandaColombiaIndiaPhilippines

Right to Food Journal Vol. 8 2013 is launched!

The Right to Food Journal, Vol. 8, published in October 2013, has tackled important developments taking place nationally and internationally at the right to food level, and has organized some relevant cases in eight articles in various topics.    Read more

Press Release | 16-07-2013
GuatemalaJusticiabilityMonitoring and Accountability

Judge Declares State of Guatemala Responsible for Right to Food Violations

16 July 2013 , Heidelberg – A juvenile judge declared the Guatemalan state responsible for breach of economic, social and cultural rights by failing to ensure the right to food of five undernourished children from four families living in the villages of Camotán, Guatemala.    Read more

Statement | 01-07-2013
Global GovernanceIndigenous PeoplesJusticiabilityLand Grabbing

The Jakarta Call - Call of the VI Conference of La Via Campesina

Jakarta, June 12, 2013 - We, La Vía Campesina, call rural and urban organizations and social movements to transform and build a new society based on food sovereignty and justice.    Read more

Statement | 27-06-2013
AustriaExtraterritorial ObligationsJusticiabilityMonitoring and Accountability

Civil Society Reclaims Primacy of Human Rights

Vienna/Heidelberg, 27 June 2013 –FIAN International welcomes the Declaration adopted yesterday by the Vienna+20 civil society conference which calls upon States to make the primacy of human rights operational.    Read more

Video | 16-05-2013
Global GovernanceIncome and Social SecurityMonitoring and AccountabilityNutrition

Ana Maria Suarez Franco on the Right to Adequate Food

Ana-Maria Suarez Franco, FIAN International's Permanent Representative in Geneva, speaks about the meaning of the right to food and its implications....    Read more