…
10. Free from adverse substances sets requirements for food
safety and for a range of protective measures by both public
and private means to prevent contamination of foodstuffs
through adulteration and/or through bad environmental
hygiene or inappropriate handling at different stages
throughout the food chain; care must also be taken to identify
and avoid or destroy naturally occurring toxins.
…
15. … whenever an individual or group is unable, for reasons
beyond their control, to enjoy the right to adequate food by
the means at their disposal, States have the obligation to
fulfil (provide) that right directly. …
…
17. Violations of the Covenant occur when a State fails to
ensure the satisfaction of, at the very least, the minimum
essential level required to be free from hunger. In determining
which actions or omissions amount to a violation of the right
to food, it is important to distinguish the inability from the
unwillingness of a State party to comply. Should a State party
argue that resource constraints make it impossible to provide
access to food for those who are unable by themselves to
secure such access, the State has to demonstrate that every
effort has been made to use all the resources at its disposal in
an effort to satisfy, as a matter of priority, those minimum
obligations. This follows from article 2, paragraph 1, of the
Covenant, which obliges a State party to take the necessary
steps to the maximum of its available resources, as previously
pointed out by the Committee in its General Comment No. 3
(1990), paragraph 10. A State claiming that it is unable to
carry out its obligation for reasons beyond its control therefore has the burden of proving that this is the case and that it
has unsuccessfully sought to obtain international support to
ensure the availability and accessibility of the necessary food.
18. Furthermore, any discrimination in access to food, as well
as to means and entitlements for its procurement, on the
grounds of race, colour, sex, language, age, religion, political or
other opinion, national or social origin, property, birth or other
status with the purpose or effect of nullifying or impairing the
equal enjoyment or exercise of economic, social and cultural
rights constitutes a violation of the Covenant.
The right to adequate water is further developed by the Committee on Economic, Social
and Cultural Rights in its General Comment No. 15 (2002) on the right to water (arts.
11 and 12 of the Covenant).
53
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