The human right to food justiciability, comparative aspects and the particular case of Cuba

The human right to food allows people to live a dignified life and enables the fulfilment of various rights such as health and life. This research deals with the right to food justiciability through comparative aspects and the study of the topic in the Cuban legal system. The possibility of going to court when fundamental rights recognized in the constitution are violated constitutes a secondary jurisdictional guarantee of these rights. The right to food justiciability at the global level has had its difficulties, but it will always depend on the meaning, content and scope that each legal system grants to this right. The express recognition of the right to food in contemporary Constitutions, even if it is a significant step in the fight against hunger, can become a dead letter if guarantees are not developed to ease its realization. In Cuba, a Latin American country, the human right to food was expressly regulated in the 2019 Constitution. At the same time, the Cuban Magna Carta recognised the possibility of recourse to the courts in case of a violation of constitutionally regulated rights. These changes have introduced new ways of acting in the courts and a new vision of the rights justiciability. Recently, in May 2022, the Cuban National Assembly approved the Law on the Protection of Constitutional Rights. This panorama makes it possible to rethink the meaning and scope of the fundamental right to food in Cuba and the legal alternatives for its enforceability. In addition, the principle of progressivity of socio-economic rights and their non-regressivity is considered. In this study, an approach to the theories of the essential content of fundamental rights must be made to understand the necessary minimum that must be guaranteed and the limits of its enforceability. The initial hypothesis is that the correct legal comparison of the fundamental rights justiciability, specifically the right to food, can contribute to understanding the phenomenon in Cuba and ease the work of the courts. In this sense, the main objective of the research is to systematize the main trends in the right to food justiciability globally, its impacts and the development of the issue in Cuba, considering its content, meaning and scope. As a specific objective, an assessment of the fundamental socio-economic rights justiciability in Cuba is carried out with a focus on the right to food. The methods used during the research process are legal-theoretical through it, different documents of a doctrinal nature on right to food justiciability; comparative law the use of this method will allow to know the modern tendencies regarding the theoretical treatment, legal regulation, and practical application; document analysis for the study of international legal instruments, constitutional texts, legal provisions, rulings of judicial bodies regarding cases based on the right to food violations. The main outcome of the research is aimed at setting up guidelines and foundations on the fundamental rights justiciability in Cuba, specifically the right to food, from a comparative perspective.