(Grundgesetz) and Article 1 of the same Law (on dignity), derive the right to essential goods, among which food, clothing, and housing are included.66 Another example which, through the indirect enforceability of judicial decisions, finds a way to satisfy the needs stemming from the right to food is Switzerland.67 A decision of the Swiss Federal Court68 held – with reference to human dignity as provided for by the Constitution in Article 7 of Title II – the right of every person to minimum conditions of existence. It is an unwritten constitutional right (un droit constitutionnel non écrit), which presupposes a sufficient and adequate alimentation.69 Still at the international level, in CESCR General Comment No. 1270 there is an attempt to define what is meant by the right to adequate food. The relevant aspect of that document lies in the fact that the food is considered adequate when it is available “in quantity and quality sufficient to satisfy the dietary needs of individuals, free from adverse substances, and acceptable within a given culture.” As has been observed, in this document to Food Security it is added not only Food Safety but also Food Variety, thus ensuring that food corresponds to the habits and beliefs of its recipients.71 Another very important document – in various respects – is the 2013 resolution of the Council of Europe.72 In that document, first, it is stated that food security is “a permanent challenge for us all.” Point 2 of the Resolution is crucial, as it underlines that “Food is our most basic need and right. If we cannot secure access to sufficient, safe and nutritious food for present and future generations, our health, development and fundamental rights will be compromised.” The right to food (like the right to water) is a “basic right” instrumental to satisfy other fundamental rights, like our health.73 The right to food is, therefore, conceived as a precondition-right, namely a right essential to satisfy other (fundamental) rights.74 66 On such case-law see F. Alicino, Il diritto al cibo, cit., p. 12. 67 F. Alicino, Il diritto al cibo, cit., p. 12, to whom reference is made also for a deeper analysis of other legal orders in which the right to food finds indirect justiciability (therein, p. 12 ff.). 68 Trib. Féd., ATF 121, I, 27 October 1995, p. 367. 69 F. Alicino, Il diritto al cibo, cit., p. 11. 70 United Nations doc E/C, 12/1999/5 del 12 May 1999. 71 L. Costato, Diritto al cibo, cit., p. 10-11. 72 Parliamentary Assembly, Food security – a permanent challenge for us all, Resolution 1957 (2013), approved on 3 October 2013, published on www.assembly.coe.it. 73 See B. Vimercati, Convergenze e divergenze tra diritto al cibo e diritto all’acqua. Fondamentalità dei beni e fondamentalità dei diritti, in L. Violini, B. Randazzo (eds), Il diritto all’acqua, cit., p. 103 ff. 74 See S. Rodotà, Diritti e beni, cit., p. 487-488, according to which the right to food is a reference for a series of fundamental rights (the right to food is “riferimento di una serie di diritti fondamentali”, as well as the prerequisite 443 WATER GOVERNANCE AND RIGHT TO FOOD
RkJQdWJsaXNoZXIy MTE4NzM5Nw==