Let Them Eat Rights: Re-Framing the Food Insecurity Problem Using a Rights-Based Approach

B. Sheehy, Ying Chen
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Abstract

Food insecurity is a global issue. Large parts of the global population are unable to feed themselves adequately with hundreds of millions of people suffering from hunger and malnutrition. This problem is recognized widely by governments, industry and civil society and is usually understood using one of three approaches or frames: a basic production problem solved by technology and increased industrialization of agricultural, and an economic problem solved by economic growth and a commercial problem resolved by expanding markets. Much of the discussion and policy advice is based on the premise that hunger is primarily a wealth issue and, that as wealthy countries do not have hunger, the solution is economic development. Using Erving Goffman’s theory of framing, we argue that these frames are inadequate as evidenced by the failure to solve this very basic, but complex problem in both poor and wealthy countries on the one hand nor explain the success of some developing countries on the other. After analyzing the three frames and their limitations, we propose a rights-based frame and explain how rights are an important part of solving the complex problem of hunger. We examine how rights-based approaches have worked by creating three categories based on the status of food rights within the respective constitutional frameworks of those jurisdictions. In each of the three categories, we examine specific jurisdictional frameworks, evidence of performance and evaluate their success. Based on that review, analysis and evaluation, we identify the legal elements of an effective right to food.
让他们吃权利:用基于权利的方法重新定义粮食不安全问题
粮食不安全是一个全球性问题。全球大部分人口无法养活自己,数亿人遭受饥饿和营养不良。这个问题得到政府、工业界和民间社会的广泛认可,通常用三种方法或框架中的一种来理解:通过技术和农业工业化的增加来解决基本生产问题,通过经济增长来解决经济问题,通过扩大市场来解决商业问题。许多讨论和政策建议都是基于这样一个前提,即饥饿主要是一个财富问题,由于富裕国家没有饥饿,解决办法是经济发展。利用欧文·戈夫曼的框架理论,我们认为这些框架是不充分的,一方面,贫穷和富裕国家都未能解决这个非常基本但复杂的问题,另一方面,也不能解释一些发展中国家的成功。在分析了这三种框架及其局限性之后,我们提出了一种基于权利的框架,并解释了权利如何成为解决复杂的饥饿问题的重要组成部分。我们研究了基于权利的方法是如何工作的,根据这些司法管辖区各自宪法框架内粮食权利的地位创建了三个类别。在这三个类别中,我们研究了具体的司法框架、绩效证据并评估了它们的成功。在审查、分析和评估的基础上,我们确定了有效食物权的法律要素。
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