Abstract

This article discusses the right to a clean, healthy and sustainable environment (hereinafter “right to a healthy environment”) within the framework of a “food systems approach” and from the perspective of the three main functions of law in the transition to sustainable and equitable food systems (hereinafter “SAD”). The article aims to demonstrate that the right to a healthy environment is an indispensable right for achieving the transition to SADs through the building blocks of food systems, namely food supply chains, food environments and consumer behavior. First of all, the article notes that the right to a healthy environment has been at the heart of SAD since it was recognized as a human right by Resolution 48/13 of the Human Rights Council and Resolution 76/300 of the United Nations General Assembly. As well as underpinning the sustainability and equity of food systems, the right to a healthy environment is inseparable from the realization of other human rights, most notably the right to adequate food, itself at the heart of food systems. Secondly, the article argues that the operationalization of the right to a healthy environment by States would benefit from a “food systems approach” to ensure the transition to SADs. In this perspective, the right to a healthy environment constitutes a genuine vector for the development and adoption of legal and policy measures that improve the sustainability and equity of food systems, and the implementation of the CFS Voluntary Guidelines on Food Systems and Nutrition adopted in 2021.

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