The Right to Food as a Justiciable Right: Challenges and Strategies

Abstract

This article will discuss some of the problems and challenges regarding the consideration of the right to food as a justiciable right – that is, as a right that can be interpreted by the courts and can be the subject of litigation. Firstly the debate regarding the justiciability of economic, social and cultural rights will be discussed in general; secondly the focus will shift to some particular issues that arise when the general problem of justiciability is considered in the context of the right to food. Then some of the strategies for advancing justiciability of the right to food that have proved to be successful in different domestic and regional legal systems will be presented and discussed. Finally, some summary conclusions from the discussion will be drawn.