b. The State' obligations
Recognizing the right to food is a first step but without
actual implementation and practice it remains meaningless. It is not enough to
simply recognize the right to food, States also have the obligation to
facilitate its realisation. The States' obligations towards the right to food
are established by monitoring bodies at three levels of governance, which means
that States partly elaborated these obligations themselves. States are
essentially obligated to respect, protect, implement, facilitate and give
access to the right to food. By respecting the right to food States
pledge, for example, not to engage in economic policies that will ultimately
lead to the loss of livelihood or habitat without proper compensation. Those
affected by such actions should be able to find an alternative way to access
adequate food (Ziegler et Golay 2005). The protection of the right to
food forces States to prevent the violation of the right to food by a third
party such as another State or a company. States should always look for ways to
protect the access of food for populations. The implementation of the
right to food means facilitating and actually giving access
to food. States have various ways of implementing the right to food. They have
the possibility to directly translate into their national legislation
international documents that recognize the right to food. They can also write
the concept in their Constitution as either a
39 A creation of the PRSP «A National
Programme for Food Security, Job Creation and Good Governance» 20052007
that was estblished while Alhaji Dr Ahmad Tejan Kabbah was in office.
40 When Alhaji Dr Ahmad Tejan Kabbah's term expired
and a new government was elected.
66
fundamental human right or a principal of its own; or as part
of a fundamental human right or a principal (Ziegler, Golay et Mahon 2011).
In practice, the right to food is adopted in national
legislation through 5 different ways. First, States can directly translate
international agreements and treaties into their internal legal order. Second
by the explicit mention of the right to food in the Constitution as a
fundamental right. Third, by its mentions as a principal or a social and
political objective. Fourth, by assimilating the right to food with another
fundamental right or principal or socio-political objective. And last, by
guarantying elements of the right to food such as the right to land or
water.
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