diseases.10 As women make up half of the rural population, poverty among women is increasing and their vulnerability
to hunger and health risks rises.11
2. LEGAL FRAMEWORK OF THE RIGHT TO FOOD AND NUTRITION (RTFN)
The right to food and nutrition (hereafter RTFN) acknowledged in Article 24 and its accompanying General
Recommendation 24, as well as in the General Recommendation 34 of the Convention on the Elimination of All forms
of Discrimination against Women (CEDAW) is a basic human right of both men and women. This fundamental human
right is also recognized in an array of several international human rights laws, as follows- Article 11 of the International
Covenant on Economic, Social, and Cultural Rights (ICESCR), Article 12 of the CEDAW, as well as Article 24 of the
Convention on the Rights of the Child (CRC). The Philippines is a state party to all these human rights instruments
and is thus obliged under international law to respect, protect, and fulfill the RTFN of women in the Philippines.
The General Recommendation 34 on the Rights of Rural Women defines the RTFN in a holistic manner, in line
with the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of
National Food Security (Paragraph 65) and within the framework of food sovereignty (Paragraph 64). The full
realization of the RTFN within the framework of food sovereignty – as referred to in the General Recommendation 34
on the Rights of Rural Women – can only be achieved when the highest possible level of nutritional well-being is
attained, when women’s rights and their rights to sovereignty over natural resources, development and food are fully
respected, and when indivisibility, interdependency, and interrelatedness of the RTFN and related human rights are
ensured. It is a right to be able to feed oneself in dignity, to decide what to produce, when and how. Food must be
available, adequate, accessible, and sustainable; it must be diversified, safe, contribute to balanced diets, based on local
fresh produce which is agro-ecologically produced, and prepared according to cultural practices. Structural causes of
hunger and malnutrition must be addressed throughout the entire food systems – from food production (access, control,
management and ownership of land, seeds, forests, and water bodies), food processing, food distribution, to food
consumption. Breastfeeding that is essential for the RTFN of infants and small children must equally be guaranteed.
The RTFN is intrinsically linked to a number of other human rights, such as the human right to work, the human right
to health, and the human right to land. The full implementation of the RTFN goes hand in hand with guaranteeing
access and control over productive resources, living wages, social protection, and respect for human rights principles
such as participation, accountability, non-discrimination, transparency, and human dignity.
While the RTFN is not explicitly recognized in the 1987 Constitution of the Philippines (hereafter Constitution),
several provisions of the Constitution contribute to the realization of the RTF. Article III, Section 1, on the right to
life implicitly recognize the RTFN, and Article XIII, Sections 4-6, which promotes agrarian reform12 guarantees the
land rights and access to resources of the peasants implicitly recognize the right to adequate food and nutrition .
Currently, a right to food bill – which guarantees the RTFN of all Filipinos and aims to achieve zero-hunger in 10
years – is pending in Congress.13 The Magna Carta of Women (MCW), or Republic Act 9710, enacted in 2009
explicitly guarantees women’s right to food and the right to food production resources. It recognizes the contribution
of women to food production and the importance of the active participation of women in ensuring food sustainability
and sufficiency (Sec. 20).14 The MCW further calls for equal status to be given to women and men – regardless of
marital status – in land titling and in the issuance of stewardship contracts. It guarantees equal rights and access in
availing support services as provided for in agrarian reform laws. It also guarantees related rights such as the women’s
10
FOCUS (2015): Right to Food and Food Sovereignty in the Philippines: What the Numbers Say, Briefing, 23 February, http://focusweb.org/content/right-food-andfood-security-philippines-what-numbers-say [Accessed: 04.06.2016].
11
See ADB (2013): Gender Equality and Food Security. Women’s Empowerment as a Tool against Hunger. Mandaluyong City: Asian Development Bank,
http://www.fao.org/wairdocs/ar259e/ar259e.pdf [Accessed: 03.06.2016].
12
The 1987 Constitution of the Republic of the Philippines, http://www.gov.ph/constitutions/1987-constitution/ [Accessed: 11.05.2016].
13
Senate Bill 2137. An Act Providing a Framework for the Right to Adequate Food, http://www.senate.gov.ph/lis/bill_res.aspx?congress=16&q=SBN-2137 [Accessed:
15.05.2016].
14
Republic Act No. 9710. An Act Providing for the Magna Carta of Women, http://www.lawphil.net/statutes/repacts/ra2009/ra_9710_2009.html [Accessed:
15.05.2016].
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