Freedoms of access to food : exploring the right to adequate food through the capabilities approach

Abstract

The double burden of malnutrition is a major concern in terms of policy and practice. The right to adequate food is outlined to include access to food in terms of quality and quantity, noting personal requirements and cultural preferences. The capabilities approach detracted from a food supply perspective, promoted by Malthusian fears and enabled by GATT, to a focus on creating access to food. Promotion of trade liberalisation under the Agreement on Agriculture is supported by the capabilities approach, but in practice trade distortions and restrictions prevent the creation of a fair and equal market and hindering local food security and food sovereignty capabilities. The agreement on Trade-Related Intellectual Property Rights motivates research and development that can enhance capabilities and development. Careful implementation under its provisions must be taken to not hamper biodiversity or food sovereignty. Finally, to further enhance access to adequate food, legal measures can help to ensure trade law, policies, and programmes are aligned with the each other.