A child’s right to food is unqualified
‘In 2019, nearly 18% of households could not access enough nutritious food for a healthy and productive life. Child stunting remains stubbornly high, affecting 27% of children under five (double the global average). And 10% of children are either wasted (thin for their height) or underweight.’
Camilla Adelle, of University of Pretoria, and Florian Kroll of the University of the Western Cape’s Institute for Poverty, Land & Agrarian Studies, note that the right to food is enshrined in SA’s Constitution.
Furthermore, SA has ratified many international and regional human rights agreements on the right to food.
However, no case directly related to the right had been brought to the Constitutional Court.
The 17 July 2020 ruling by the Gauteng High Court (Pretoria) changed that.
Writing on The Conversation site, the authors say following the ruling in Equal Education & Others v Minister of Basic Education & Others, the Department of Basic Education was forced to resume the National School Nutrition Programme for 9m learners around the country.
The case is significant as it means that the question of hunger is now on the list of socio-economic rights recognised under the law in SA.
* The right to basic nutrition for children is unqualified. The progressive realisation of the right depending on the government’s available resources does not apply here. The government has an obligation to ensure the immediate fulfilment of this right.
* The state must provide food in circumstances where parents and caregivers are unable to and when they cannot afford to.
* The National School Nutrition Programme is a component of the right to basic education. It enables the child to be able to fulfil their right to education.
* The right to basic nutrition for children is self-standing and independent of the right to education.
* Removing a pre-existing right (like cancelling the school nutrition programme) is a retrogressive measure, and can only be implemented under very specific circumstances. When it comes to children, this should be the very last measure that is taken.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
