Abstract
Based on the assessment that a right to healthy food in Europe does not currently exist lex lata, this paper proposes to discuss whether a rights-based approach would be helpful to improve citizens’ access to healthy food. Drawing a parallel with the right to a healthy environment, we will discuss whether an individual or collective subjective right is the best option, or whether we should (only) rely on States’ and the Market’s duties to provide citizens with healthy food. Under which conditions could such a right and/or duty emerge? What consequences and added value may we expect? For instance, would the use of justice by individuals or NGOs to fight junk food be an adequate tool to change regulations and modes of production and industrialisation? The method applied relies on a traditional desk legal analysis of all regulations, preparatory works, reports, and cases at European level crossing various disciplines (human rights, consumer protection law, etc…). We also apply a comparison with non-European countries where such a right has already been developed and where lawsuits against junk food companies have been delivered, and see which lessons can be transposed to the European continent.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
RIGHT TO HEALTHY FOOD, RESPONSIBILITY, ACCESS TO JUSTICE, REMEDIES
