Constitutionalisation of the right to food in Latin America: an overview at the topic in Cuba

Research output: Unpublished contribution to conferenceUnpublished paper

Abstract

The current research is about the constitutionalisation of the right to food in Latin America, specifically in the Cuban context. The right to food is an economic and social right with progressive nature and it is marked in ascending order for its full realisation, although the non-retrogression principle is applicable in the measures taken for its fulfilment. The constitutional regulation of this right is necessary to determine the subjects, object, content, principles, guarantees, and limitations in each country. This step is significantly necessary to develop an inclusive and coherent food system under constitutional protection. The constitutional protection of the right to food in Latin America can be evidenced under a clear acknowledgement, through an implicit recognition among other human rights, through the general State principles, through judicial interpretation, or the direct application of international law to national law. Latin America is at the internationally forefront in the regulation of this right. Food regulation as a right in the Cuban Constitution is not a casuistic fact, but rather a State political commitment at national and international levels. Therefore, it is in the current Cuban Constitution, 2019, that the subject is expressly recognised for the first time, underlining the State's obligation to strengthen food security of population. The main objective lies in systematising the right to food constitutional regulation trends in Latin America with a special analysis in Cuba. The research has been structured in three parts, one about right to food definition, a second to deal with Latin American trends in the right to food constitutionalisation, and a third about the steps towards the right to food constitutionalisation in Cuba. The main result is based on approaching the right to food as a fundamental right and all its constitutional regulatory possibilities in Latin America with an approach to the Cuban example.
Original languageEnglish
Number of pages17
Publication statusUnpublished - 25 Nov 2021
EventInternational Conference on Comparative Public Law - Gujarat, India
Duration: 25 Nov 2021 → …
https://www.lawctopus.com/cfp-international-conference-comparative-public-law-parul-institute-of-law/

Conference

ConferenceInternational Conference on Comparative Public Law
CountryIndia
CityGujarat
Period25/11/21 → …
Internet address

Keywords

  • the right to food
  • constitutional regulation
  • fundamental rights
  • Latin America
  • Cuba

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