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POLIS Working Papers - Working paper n. 222

Il diritto al cibo adeguato. Tutela internazionale, costituzionale e locale di un diritto fondamentale 'nuovo'

August 2015


Abstract

According to FAO in 2008-2010 there were about 840 million undernourished people (i.e.: 12% of the world population - one out of eight). Of these, 98% (over 824 million) live in the developing countries. Although projections indicate a decline in the following period (805 million in 2012-2014 and 795 million in 2015), the proportion is substantially unchanged (the malnourished in South still represent 98% of the total). Meanwhile, in the North - where malnutrition affects about 15 million people - it is estimated that about one and a half billion adults are overweight and 475 million are obese (according to International Obesity Task Force). This means that the problem of hunger doesn’t result from the lack of available food, but from the lack of access to adequate food. There are many reasons for this problem, but they can be summed up in one word: exclusion, “exclusion from the land, income, work, earnings, life and citizenship "(J. De Castro).

This Thesis has two aims: 1) Demonstrating that within the Italian Constitution there are the legal foundations on the obligation to respect, protect and fulfill the right to adequate food (Part II); 2) Demonstrating that in Italy the Local Authorities could fulfil this right (part III).

The Thesis is divided in three parts. Each part is introduced by a historical chapter.

PART I. FEEDING ONESELF ON THE PLANET: THE FUNDAMENTAL RIGHT TO ADEQUATE FOOD IN INTERNATIONAL LAW

The first part is about the international sources that recognise the Right to food, especially in the context of the UN law (Chap. 3), in the Regional international law (Chap. 4), in the Comparative constitutional law (Chap. 5) and in the European law - European Union and the Council of Europe both (Chap. 6).
This part is also important in order to examine the Italian legislation about the Right to food with a comparative approach.

PART II. FEEDING ONESELF IN THE "COUNTRY": THE RIGHT TO ADEQUATE FOOD IN CONSTITUTIONAL LAW

In the second part of the Thesis, the Italian Constitution is interpreted with an holistic and systematic approach, Right to food oriented.
This research would demonstrate that within the Italian Constitution the obligation to respect, protect and fulfill the right to adequate food is based on “autochthonous” legal foundations.
This research shows how the Constitutional rules, guaranteeing the right to adequate food, are distributed in all parts of the Constitution. Mainly in Fundamental principles (Articles 1,2,3,4,5,9,10,11), Civil Rights and Duties (Part I - Articles 13, 19), Ethical and Social Rights and Duties (Part I - Articles. 29,30, 32, 33,34), Economic Rights and Duties (Part I - Articles 35-38, 41,42,43,44,47), Constitutional principles on the public administration (Part II - Articles 81, 97, 117, 118, 119).
After the analysis of Constitutional regulations, the Thesis describes also the characteristics of the Constitutional right to adequate food: Subject, Object, Interests protected by Constitution, Purpose, Qualification, Responsible parties.
The Part II is the central part of the Thesis and the most innovative, since it is the first systematic study on the Italian constitutional foundations of the Right to adequate food.

PART III. FEEDING ONESELF IN THE CITY: LOCAL PROTECTION OF THE RIGHT TO ADEQUATE FOOD

The third Part of the research analyzes the rules, administrative acts and relevant local measures that fulfil the Right to food in the Local Authorities (study-cases: Piedmont Region and Cities of Turin)
The research analyzes the constitutional basis of "Food Autonomy" and configures a new right to the food in the city.In this part many local good practices which realize the Right to food are presented.
The Part III is important in order to show how the Right to food approach could orient the Local food policies.

The titles of the three chapters constitute a deliberate paraphrase of Expo 2015’s theme:

"Feeding the planet".
"Feeding oneself on the planet" rather than "feeding the planet" underlines the shift from a passive to an active logic. From the aid - approach to the rights - approach.

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Monthly online jounal "POLIS Working Papers" - Registration n.591, 12/05/2006 - Tribunale di Alessandria
ISSN: 2038-7296


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