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2014 - Committee on the Rights of the Child, Recommendation for Oceania, par. 52 (2014) - 2499

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-oceania-par-52-2014

Tobacco control CRC Education and information Tobacco use

52. The Committee recommends that the State party address the incidence of drug use by Children and/or adolescents by, inter alia, providing Children and/or adolescents with accurate and objective information and life skills education on preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug dependence treatment and harm reduction services....

Text of the recommendation

52. The Committee recommends that the State party address the incidence of drug use by Children and/or adolescents by, inter alia, providing Children and/or adolescents with accurate and objective information and life skills education on preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug dependence treatment and harm reduction services.

Citation

Committee on the Rights of the Child, Concluding observations on the combined second to fourth periodic reports of Fiji, CRC/C/FJI/CO/2-4, (2014). Par. 52. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsrNzM80%2BWVc1qS1PGT2aQ8s4OyrtPCPnOId1llxlIIBcVGtzl6gCzWruv3fjj3UFvuNLk6r1hBB1pNUux%2B2EgfZPrEBRkZiBZ2Yjmq2wULo5

2016 - Committee on the Rights of the Child, Recommendation for South Africa, par. 53 and 54 (2016) - 2482

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-south-africa-par-53-and-54-2016

Food policy South Africa CRC Food marketing regulations Breastfeeding

53. The Committee welcomes the adoption of the Roadmap for Nutrition in South Africa 2013-2017, as well as the efforts made to facilitate breastfeeding. Nevertheless, the Committee is concerned at: (a) Child malnutrition, including undernutrition, micronutrient deficiencies and overnutrition, as key contributing factors for child mortality and child morbidity; (b) Child food insecurity caused by, among other things, poverty, food...

Text of the recommendation

53. The Committee welcomes the adoption of the Roadmap for Nutrition in South Africa 2013-2017, as well as the efforts made to facilitate breastfeeding. Nevertheless, the Committee is concerned at: (a) Child malnutrition, including undernutrition, micronutrient deficiencies and overnutrition, as key contributing factors for child mortality and child morbidity; (b) Child food insecurity caused by, among other things, poverty, food price increases, demographic changes, energy costs and climate change; (c) The persistently low rate of exclusive breastfeeding of infants aged up to 6 months; (d) The inadequate nutritiousness of food provided in the school meal programme; (e) The increase in the prevalence of obesity among children and the aggressive marketing of unhealthy food targeting children.

54. Taking note of target 2.2 of the Sustainable Development Goals on ending all forms of malnutrition, the Committee recommends that the State party: (a) Develop and implement a framework law on the right to food, as envisaged in the National Policy on Food and Nutrition Security for the Republic of South Africa, of 2014, paying due attention to the eradication of child food insecurity and malnutrition; (b) Take all measures necessary to promote exclusive breastfeeding for at least six months, with appropriate guidance and support for breastfeeding by HIV-infected mothers, and to regulate the promotion of breast milk substitutes; (c) Strengthen the monitoring of the National School Nutrition Programme, including of the frequency, quality and nutritional value of the food supplied through the programme; (d) Regulate the marketing of unhealthy foods to children in order to address the rise in child obesity, and introduce strategies that enable poor households to access healthy food; (e) Seek technical assistance from UNICEF and the Food and Agriculture Organization of the United Nations in this regard.

Citation

Committee on the Rights of the Child, Concluding observations on the second periodic report of South Africa, CRC/C/ZAF/CO/2, (2016). Par. 53 and 54. Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fZAF%2fCO%2f2&Lang=en

2014 - Committee on Economic, Social and Cultural Rights, Recommendation for Indonesia, par 31 and par 35 (b) (d) (2014) - 2383

https://righttohealthpolicyhub.org/database/committee-on-economic-social-and-cultural-rights-recommendation-for-indonesia-par-31-and-par-35-b-d-2014

Food policy Tobacco control Other Health-related issues CESCR Food production Education and information Food and nutrition security Access to water Smoke and emissions’ free environments (SFE) Tobacco advertising, promotion, and sponsorship (TAPS) FCTC ratification

31. "The Committee recommends that the State party adopt a human rights-based approach to its food policy, including by: (a) Addressing critical issues to all aspects of the food system, including the production, processing, distribution and consumption of safe food, as well as parallel measures in the fields of health and education, especially in disadvantaged areas; and (b)...

Text of the recommendation

31. "The Committee recommends that the State party adopt a human rights-based approach to its food policy, including by: (a) Addressing critical issues to all aspects of the food system, including the production, processing, distribution and consumption of safe food, as well as parallel measures in the fields of health and education, especially in disadvantaged areas; and (b) Ensuring that activities of the private business sector are in conformity with the right to food. The Committee draws the attention of the State party to its general comment No. 12 (1999) on the right to adequate food."

35.(b) "The Committee recommends that the State party: Enact anti-tobacco legislation which prohibits indoor smoking in public buildings and in the workplace and enforces a comprehensive ban on tobacco advertising, promotion and sponsorship;"

35.(d) "Apply a human rights-based approach to the treatment of tobacco and drug addiction, and provide appropriate health care, culturally sensitive psychological support services and rehabilitation to such persons, including effective drug dependence treatment such as opioid substitution therapy. The Committee also encourages the State party to ratify the World Health Organization Framework Convention on Tobacco Control."

Citation

Committee on Economic, Social and Cultural Rights, Concluding observations of the initial report of Indonesia, E/C.12/IDN/CO/1 (2014). Par. 31.(a) and (b) and Par 35.(b) and (d). Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E%2FC.12%2FIDN%2FCO%2F1&Lang=en

2014 - Committee on the Rights of the Child, Recommendation for Indonesia, par. 54 and par. 66 (d) (2014) - 2380

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-indonesia-par-54-and-par-66-d-2014

Food policy Tobacco control Other Health-related issues CRC Education and information Food and nutrition security Breastfeeding Access to water Tobacco use

54. The Committee recommends that the State party allocate all the necessary human, technical and financial resources to address drug use by Children and/or adolescents by, inter alia, providing Children and/or adolescents with accurate and objective information aimed at avoiding and preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug dependence treatment and harm reduction services...

Text of the recommendation

54. The Committee recommends that the State party allocate all the necessary human, technical and financial resources to address drug use by Children and/or adolescents by, inter alia, providing Children and/or adolescents with accurate and objective information aimed at avoiding and preventing substance abuse, including tobacco and alcohol, and develop accessible and youth-friendly drug dependence treatment and harm reduction services as well as life skills education.

66.(d) Ensure that, in all circumstances, children are separated from unrelated adults, have access to sufficient food, clean drinking water and sanitation, as well as health care, education and recreation.

Citation

Committee on the Rights of the Child, Concluding observations on the combined third and fourth periodic reports of Indonesia, CRC/C/IDN/CO/3-4 (2014) Par. 54 and par. 66.(d). Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FIDN%2FCO%2F3-4&Lang=en

2014 - Committee on the Rights of the Child, Recommendation for India, par. 64 (c) and (d) (2014) - 2377

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-india-par-64-c-and-d-2014

Food policy Other Health-related issues India CRC Education and information Food and nutrition security Breastfeeding Access to water

64. In the light of its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party: (c) Ensure the effective implementation of the National Food Security Act, 2013, which contains provisions aimed at combating children’s undernourishment; (d) Enhance efforts to promote...

Text of the recommendation

64. In the light of its general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health, the Committee recommends that the State party: (c) Ensure the effective implementation of the National Food Security Act, 2013, which contains provisions aimed at combating children’s undernourishment; (d) Enhance efforts to promote exclusive breastfeeding practices, including breastfeeding from birth, complementary feeding strategies, with or without provision of food supplements, as well as micronutrient interventions for mothers; ensure the effective implementation of, and compliance with, the International Code of Marketing of Breast-milk Substitutes (WHO, 1981); put in place a monitoring and reporting system to identify violations of the Code and take stringent measures in all situations of violations of the Code, which include the promotion and distribution of infant formula samples and promotional materials by private-sector companies involved in the marketing and distribution of infant formula.


Citation

Committee on the Rights of the Child, Concluding observations on the combined third and fourth periodic reports of India, CRC/C/IND/CO/3-4 (2014). Par. 64.(c) (d). Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FIND%2FCO%2F3-4&Lang=en

2014 - Committee on Economic, Social and Cultural Rights, Recommendation for China, par. 29 (2014) - 2362

https://righttohealthpolicyhub.org/database/committee-on-economic-social-and-cultural-rights-recommendation-for-china-par-29-2014

Food policy China CESCR Food marketing regulations Food production Food and nutrition security

29. The Committee is concerned about the situation of food insecurity in some of the poor rural areas, particularly in the western mountainous areas, and about the persistence of child malnutrition, mainly in rural areas and in the Tibet Autonomous Region. Despite the efforts made by the State party to strengthen food safety supervision, including through the adoption of the...

Text of the recommendation

29. The Committee is concerned about the situation of food insecurity in some of the poor rural areas, particularly in the western mountainous areas, and about the persistence of child malnutrition, mainly in rural areas and in the Tibet Autonomous Region. Despite the efforts made by the State party to strengthen food safety supervision, including through the adoption of the Food Safety Law, the Committee remains concerned about the shortcomings in the implementation of that Law (art. 11).

The Committee urges the State party to strengthen its efforts to protect the right to adequate food. The Committee recommends that the State party step up its efforts to address effectively the situation of food insecurity and child malnutrition in poor rural areas, particularly in the western mountainous areas and in the Tibet Autonomous Region. The Committee recommends that the State party take all necessary measures to enforce the Food Safety Law effectively, to strengthen its efforts with regard to food safety supervision and to ensure the production, processing, distribution, marketing and consumption of safe food. The Committee draws the State party’s attention to its general comment No. 12 (1999) on the right to adequate food and to the recommendations of the Special Rapporteur on the right to food (A/HRC/19/59/Add.1, paras. 40–46).

Citation

Committee on Economic, Social and Cultural Rights, Concluding observations on the second periodic report of China, including Hong Kong, China, and Macao, China, E/C.12/CHN/CO/2 (2014). Par. 29. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuW%2BALqOml1btoJd4YxREVF2VW58oMDPLAMUILqfo6v%2B47B8DRJbTAIMbcvgyEKXPdGsEnfi5eWE%2BWbfziSl6SiVeI%2FJnjrlrdBib9a4aoakRm

2018 - Committee on Economic, Social and Cultural Rights, Recommendation for Bangladesh, par. 57 and 58 (2018) - 2342

https://righttohealthpolicyhub.org/database/committee-on-economic-social-and-cultural-rights-recommendation-for-bangladesh-par-57-and-58-2018

Food policy CESCR Food and nutrition security

57. The Committee recommends that the State party redouble its efforts to: (a) Prevent food crises, including through the effective forecasting of food shortages and by securing food availability and distribution for areas in need; (b) ...

Text of the recommendation

57. The Committee recommends that the State party redouble its efforts to:

(a) Prevent food crises, including through the effective forecasting of food shortages and by securing food availability and distribution for areas in need;

(b) Fully implement the Food Safety Act, 2013 and the related rules of 2014;

(c) Develop a national strategy for food and nutrition security, taking into account the Voluntary Guidelines to Support the Progressive Realization of the Right to Adequate Food in the Context of National Food Security.

58. The Committee draws the attention of the State party to its general comment No. 12 (1999) on the right to adequate food.

Citation

Committee on Economic, Social and Cultural Rights,Concluding observations on the initial report of Bangladesh, E/C.12/BGD/CO/1 (2018). Par. 57 and 58. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuWwpdI7QZ9ZIlVnEnVcAytL1KqJU9GxfzRiExOku4WSVPsJDWOR5qJpoyl4XsHdw%2FeT5bGQbWuN6yiMNz%2BUPYMnJv1oKGMtYvPbtbCvtNnAlT

2014 - Committee on Economic, Social and Cultural Rights, Recommendation for Finland Para. 12 (2014) - 2287

https://righttohealthpolicyhub.org/database/committee-on-economic-social-and-cultural-rights-recommendation-for-finland-para-12-2014

Other Health-related issues CESCR Education and information

12. The Committee recommends that the State party intensify its efforts to prevent and combat the persistent discrimination against persons with immigrant backgrounds and against persons belonging to national or ethnic, religious and linguistic minorities, including by adopting specific and targeted measures to address the problems faced by all minorities in having access to employment, housing, education and health care...

Text of the recommendation

12. The Committee recommends that the State party intensify its efforts to prevent and combat the persistent discrimination against persons with immigrant backgrounds and against persons belonging to national or ethnic, religious and linguistic minorities, including by adopting specific and targeted measures to address the problems faced by all minorities in having access to employment, housing, education and health care and by undertaking awareness-raising campaigns.

Citation

Committee on Economic, Social and Cultural Rights, Concluding observations on the sixth periodic report of Finland, E/C.12/FIN/CO/6 (2014). Par. 12. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuW8ONFvyIZeflVf46yTVq4vdYCo%2B6I8M8Sc2UMn8NF7eHC3J%2BPFRZNoBmWT3n58gXzkqESMSuyiSUQLWQEZnG3G%2FL6gW5qz5ypA7%2BNFvF9ErF

2014 - Committee on the Rights of the Child, Recommendation for Croatia para. 47 (2014) - 2275

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-croatia-para-47-2014

Food policy Tobacco control Other Health-related issues Croatia CRC Food marketing regulations Tobacco advertising, promotion, and sponsorship (TAPS)

47. State party strengthen measures to address alcohol and drug consumption and abuse, in general, as well as alcohol use by Children and/or adolescents, through education programmes and campaigns to promote healthy lifestyles, and ensure enforcement of regulations on the sale and advertising of alcohol and tobacco products to children. The Committee also recommends that the State party strengthen measures...

Text of the recommendation

47. State party strengthen measures to address alcohol and drug consumption and abuse, in general, as well as alcohol use by Children and/or adolescents, through education programmes and campaigns to promote healthy lifestyles, and ensure enforcement of regulations on the sale and advertising of alcohol and tobacco products to children. The Committee also recommends that the State party strengthen measures to raise awareness on sexual and reproductive health, with special attention to sexually transmitted infections, and ensure systematic health education.

Citation

Committee on the Rights of the Child, Concluding observations on the combined fifth and sixth periodic reports of Croatia, CRC/C/HRV/CO/3-4 (2014). Par. 47. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=6QkG1d%2FPPRiCAqhKb7yhsp7zGar7lD0FuXla4BEx9U7ftQDq0TPw1CFHNLPEe8G%2FfFTZ010rcpvYIzR2qbB51Nlb19f1Z1nUbN1ZkNCIN89jPGKrfbBi%2BAXB7aQiE313

2016 - Committee on the Rights of the Child, Recommendation for South Africa par. 53 (a), (b), (c) and (d) and par. 54 (a), (b), (c) and (d) (2016) - 2223

https://righttohealthpolicyhub.org/database/committee-on-the-rights-of-the-child-recommendation-for-south-africa-par-53-a-b-c-and-d-and-par-54-a-b-c-and-d-2016

Food policy South Africa CRC Food marketing regulations Nutritional surveillance Breastfeeding

53. The Committee welcomes the adoption of the Roadmap for Nutrition in South Africa 2013-2017, as well as the efforts made to facilitate breastfeeding. Nevertheless, the Committee is concerned at: (a)Child malnutrition, including undernutrition, micronutrient deficiencies and overnutrition, as key contributing factors for child mortality and child morbidity; (b)Child food insecurity caused by, among other things, poverty, food price increases,...

Text of the recommendation

53. The Committee welcomes the adoption of the Roadmap for Nutrition in South Africa 2013-2017, as well as the efforts made to facilitate breastfeeding. Nevertheless, the Committee is concerned at: (a)Child malnutrition, including undernutrition, micronutrient deficiencies and overnutrition, as key contributing factors for child mortality and child morbidity; (b)Child food insecurity caused by, among other things, poverty, food price increases, demographic changes, energy costs and climate change; (c)The persistently low rate of exclusive breastfeeding of infants aged up to 6 months; (d)The inadequate nutritiousness of food provided in the school meal programme; (e)The increase in the prevalence of obesity among children and the aggressive marketing of unhealthy food targeting children. 54. Taking note of target 2.2 of the Sustainable Development Goals on ending all forms of malnutrition, the Committee recommends that the State party: (a) Develop and implement a framework law on the right to food, as envisaged in the National Policy on Food and Nutrition Security for the Republic of South Africa, of 2014, paying due attention to the eradication of child food insecurity and malnutrition; (b) Take all measures necessary to promote exclusive breastfeeding for at least six months, with appropriate guidance and support for breastfeeding by HIV-infected mothers, and to regulate the promotion of breast milk substitutes; (c) Strengthen the monitoring of the National School Nutrition Programme, including of the frequency, quality and nutritional value of the food supplied through the programme; (d) Regulate the marketing of unhealthy foods to children in order to address the rise in child obesity, and introduce strategies that enable poor households to access healthy food; (e) Seek technical assistance from UNICEF and the Food and Agriculture Organization of the United Nations in this regard.

Citation

Committee on the Rights of the Child, Concluding observations on the second periodic report of South Africa, CRC/C/ZAF/CO/2, (2016). Par. 53 and 54. Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2fC%2fZAF%2fCO%2f2&Lang=en

2014 - Committee on Economic, Social and Cultural Rights, Recommendation for El Salvador, par. 20 (2014) - 2142

https://righttohealthpolicyhub.org/database/committee-on-economic-social-and-cultural-rights-recommendation-for-el-salvador-par-20-2014

Food policy Ecuador CESCR Food and nutrition security Access to water

20.The Committee recommends that Parliament complete ratification of the constitutional amendments guaranteeing the right to food and access to water in the Constitution. It also urges the State party to step up its efforts to prevent and combat child malnutrition, in particular among children in rural and remote areas....

Text of the recommendation

20.The Committee recommends that Parliament complete ratification of the constitutional amendments guaranteeing the right to food and access to water in the Constitution. It also urges the State party to step up its efforts to prevent and combat child malnutrition, in particular among children in rural and remote areas.

Citation

Committee on Economic, Social and Cultural Rights, Concluding observations on the combined third, fourth and fifth periodic reports of El Salvador, E/C.12/SLV/CO/3-5, (2014). Par. 20. Available at: https://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuW%2FH%2F4vptEr4hUabmo93cgAjuk%2Be%2FTjLCpS4Ww%2FB11TCG6EB2ho9sBjXjzJGxpygdFju10BRCHjuzKeke6acT1U0vLTAET8ayYsS6XOr1uzYd

2016 - Report of the Special Rapporteur on the right to food, par. 72 and 73 (2016) - 1495

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-to-food-par-72-and-73-2016

Food policy Industry interference Food and nutrition security

72. While international human rights law lays the foundations for responsible corporate behaviour, food corporations have vehemently opposed calls to regulate marketing. Instead, many have promoted voluntary commitments on labelling and advertising or have sponsored nutrition and health education programmes as part of their “corporate social responsibility”. The latter is particularly concerning, blurring the lines between education and marketing, and...

Text of the recommendation

72. While international human rights law lays the foundations for responsible corporate behaviour, food corporations have vehemently opposed calls to regulate marketing. Instead, many have promoted voluntary commitments on labelling and advertising or have sponsored nutrition and health education programmes as part of their “corporate social responsibility”. The latter is particularly concerning, blurring the lines between education and marketing, and potentially allowing companies to disseminate misleading information.

73. Recent initiatives, such as a 2014 high-level commission on ending childhood obesity and recommendations towards a global convention to protect and promote healthy diets by the World Obesity Federation and Consumers International, as well as Global Nutrition Reports, indicate the need for stronger accountability mechanisms at the national level, considering that voluntary corporate initiatives are proving ineffective.

Citation

Special Rapporteur on the right to food, Interim Report on the right to food, A/71/282, (2016). Par. 72 and 73. Available at: https://undocs.org/A/71/282

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 68 (2014) - 1461

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-68-2014

Food policy Industry interference Trade and investment

68. With regard to the international obligations of States, the Special Rapporteur recommends that States take the following steps: (a) Accord primacy to the right to health in international investment and trade agreements, and ensure that the right to health is not impaired by the provisions of these agreements or their implementation; (b) Extend assistance and cooperation to other States, which, due...

Text of the recommendation

68. With regard to the international obligations of States, the Special Rapporteur recommends that States take the following steps:

(a) Accord primacy to the right to health in international investment and trade agreements, and ensure that the right to health is not impaired by the provisions of these agreements or their implementation;

(b) Extend assistance and cooperation to other States, which, due to limited resources available to them, may be unable to attain required nutrition standards, leading to an increased burden of diet-related NCDs;

(c) Formulate goals and take concrete steps, jointly and individually, to reduce the burden of diet-related NCDs in a manner that also takes into account available resources of each State.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 68. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 67 (a), (b) and (c) (2014) - 1459

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-67-a-b-and-c-2014

Food policy Industry interference Education and information Trade and investment

67. With a view to making accountability and remedial mechanisms available and accessible to victims of violations, the Special Rapporteur recommends that States take the following steps: (a) Ensure that international investment and trade agreements are entered into with full transparency and participation of affected groups by conducting open discussions before, during and after negotiation of the agreements; (b) Encourage and...

Text of the recommendation

67. With a view to making accountability and remedial mechanisms available and accessible to victims of violations, the Special Rapporteur recommends that States take the following steps:

(a) Ensure that international investment and trade agreements are entered into with full transparency and participation of affected groups by conducting open discussions before, during and after negotiation of the agreements;

(b) Encourage and promote independent monitoring of activities of the State and the food industry. Urge participation of affected people and local communities in monitoring such activities;

(c) Ensure remedies through legislation and appropriate mechanisms against States and non-State actors for failure to take steps towards their obligations under the right to health and to fulfil their international commitments on reduction of diet-related NCDs.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 67. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 66 (2014) - 1457

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-66-2014

Food policy Packaging and labeling Food marketing regulations Industry interference Education and information Trade and investment

66. Recognizing the role of the food industry in the growing burden of NCDs, the Special Rapporteur recommends that the food industry take the following steps: (a) Adopt internationally acceptable nutritional labelling guidelines and comply with domestically-enacted guidelines in this respect; (b) Refrain from marketing, promoting and advertising of unhealthy foods to the population, especially to children; (c) Invest in improving the nutritional...

Text of the recommendation

66. Recognizing the role of the food industry in the growing burden of NCDs, the Special Rapporteur recommends that the food industry take the following steps:

(a) Adopt internationally acceptable nutritional labelling guidelines and comply with domestically-enacted guidelines in this respect;

(b) Refrain from marketing, promoting and advertising of unhealthy foods to the population, especially to children;

(c) Invest in improving the nutritional content of unhealthy foods;

(d) Increase transparency of nutritional information on food products, while desisting from making false and misleading health claims;

(e) Abstain from undermining public health nutrition efforts, including through such means as funding and publicizing biased research, instituting front groups and conducting expensive and onerous litigation.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 66. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 65 (2014) - 1455

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-65-2014

Food policy Schools and meals programs Education and information Food and nutrition security

65. With a view to ensuring their obligation to realize the right to health of vulnerable groups such as children, women and low-income groups, the Special Rapporteur recommends that States take the following steps: (a) Address gender stereotypes in preparation of meals that place an unequal burden of cooking on women; (b) Formulate and implement health education programmes to promote healthy food...

Text of the recommendation

65. With a view to ensuring their obligation to realize the right to health of vulnerable groups such as children, women and low-income groups, the Special Rapporteur recommends that States take the following steps:

(a) Address gender stereotypes in preparation of meals that place an unequal burden of cooking on women;

(b) Formulate and implement health education programmes to promote healthy food options in such institutional settings as schools, health or youth centres and workplaces by involving children, parents and employees, respectively;

(c) Ensure that social welfare schemes for low-income groups make relevant information available and provide access to healthier food options to eliminate “food deserts”.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 65. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 63 and par. 64 (a), (b), (c), (d) and (f) (2014) - 1453

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-63-and-par-64-a-b-c-d-and-f-2014

Food policy Other Health-related issues Fiscal measures Packaging and labeling Food marketing regulations Food production Industry interference Education and information Food and nutrition security Trade and investment

63. In keeping with their obligations to respect, protect and fulfil the right to health, States should formulate and implement a national public health strategy and plan of action to address diet-related NCDs, which should be widely disseminated. Such a strategy should recognize the link between unhealthy foods and NCDs, while specifically addressing the structural flaws in food production, marketing...

Text of the recommendation

63. In keeping with their obligations to respect, protect and fulfil the right to health, States should formulate and implement a national public health strategy and plan of action to address diet-related NCDs, which should be widely disseminated. Such a strategy should recognize the link between unhealthy foods and NCDs, while specifically addressing the structural flaws in food production, marketing and retail that promote the availability and accessibility of unhealthy foods over healthier options. Towards this end, States should necessarily develop multisectoral approaches that include all relevant ministries such as ministries of health, agriculture, finance, industry and trade. States should also ensure meaningful and effective participation of affected communities such as farmers and vulnerable groups like children, women and low-income groups in all levels of decision-making to discourage production and consumption of unhealthy foods and promote the availability and accessibility of healthier food options.

64. With a view to respecting, protecting and fulfilling the right to health, the Special Rapporteur recommends that States take the following steps:

(a) Increase availability and accessibility of healthier food alternatives through fiscal and agricultural policies that discourage production of unhealthy foods. Also take measures to incentivize farmers to grow healthier products;

(b) Make nutritious and healthy foods available and geographically and economically accessible, especially to low-income groups;

(c) Provide information about the ill effects of unhealthy foods and raise awareness of the benefits of balanced diets and healthy foods to promote consumption of healthier foods;

(d) Adopt, implement and enforce easy-to-understand labelling and nutritional profiling requirements, such as “traffic light” labelling;

(e) Encourage TNCs, through incentives and other fiscal measures, to manufacture and sell healthier alternatives of foods and beverages that are not harmful to the people’s health;

(f) Regulate the marketing, advertisement and promotion of unhealthy foods, particularly to women and children, to reduce their visibility and to increase the visibility of healthier options by, for instance, requiring supermarkets to place fruits and vegetables in more accessible and visible places.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 63 & 64. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 52 and par. 53 (2014) - 1451

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Food policy Packaging and labeling Food marketing regulations Schools and meals programs Food production Food and nutrition security Trade and investment

52. Commercial investment treaties cast obligations that are automatically binding on States. To abide by these obligations, States may be compelled to modify national policies such as agricultural or labelling policies. As a result, the function of States to formulate domestic policy gets distorted in favour of the private rights of food and beverage industries, rather than the public rights...

Text of the recommendation

52. Commercial investment treaties cast obligations that are automatically binding on States. To abide by these obligations, States may be compelled to modify national policies such as agricultural or labelling policies. As a result, the function of States to formulate domestic policy gets distorted in favour of the private rights of food and beverage industries, rather than the public rights of the affected population. The right to health framework, on the other hand, requires transparency in activities that directly or indirectly affect governance. It acts as a check against arbitrary decisions that may be taken by States and pre-empts violations of the right to health. One of the ways in which States could ensure transparency is by opening negotiations to include affected people such as farmers and consumers. At minimum, States should make the content of negotiations and agreements available for public scrutiny and invite comments by stakeholders before entering into these agreements.

53. Accountability can also be ensured through indicators, benchmarks and targets against which the performance of State and non-State actors in achieving goals to reduce risk and prevalence of NCDs can be monitored and evaluated. As multiple agencies of the State may be involved in regulating activities of the food industry and the provision of nutritious food, information outlining their individual and joint efforts towards attaining the set benchmarks should be made public. Making information available to the public and independent monitoring bodies will enable them to assess the activities of the food industry and their compliance with domestic marketing, labelling and nutrition standards and laws. States should also encourage monitoring of other non-State actors such as private schools and broadcasting agencies to review their policy vis-à-vis the food industry. Review and evaluation of actions taken and standards adopted by States and non-State actors to ensure the sale and availability of nutritious foods comprise the accountability framework.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 52 & 53. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 50 and par. 51 (2014) - 1449

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Food policy Industry interference Education and information Trade and investment

50. States have an obligation to make legislative, judicial and administrative mechanisms available, accessible and effective to enable people to hold States and non-State actors accountable and claim remedies for violations of their right to health. Omission by States to legislate and enforce regulatory frameworks with respect to the food industry may in itself be a violation of the right...

Text of the recommendation

50. States have an obligation to make legislative, judicial and administrative mechanisms available, accessible and effective to enable people to hold States and non-State actors accountable and claim remedies for violations of their right to health. Omission by States to legislate and enforce regulatory frameworks with respect to the food industry may in itself be a violation of the right to health. For instance, if the State fails to put into place laws requiring the provision and dissemination of information, people may not be in a position to make informed choices about their diet, which may prevent them from realizing their highest attainable standard of health.

51. States should not only ensure that relevant laws and policies are in place, but also that they are formulated, implemented and monitored in a transparent manner, in line with the right to health. Transparency should be ensured at all times, including when negotiating international obligations. Although transparency is required by some investment treaties, it is linked to the promotion and protection of international investment. The thrust is towards ensuring that laws and regulations, which may affect investments, are made publicly available to the contracting parties. Some international organizations have adopted transparency principles that pertain, however, to the predictability of investment rules and regulations to protect the commercial interest of contracting parties, which benefits the private commercial interests of TNCs. Furthermore, these treaties are negotiated in secret without any discussion at the domestic level, which is not compatible with the right to health framework.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 50 & 51. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 46 (2014) - 1447

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Food policy Education and information Food and nutrition security

46. In combating NCDs, States should therefore ensure that they comprehensively address socioeconomic disparities. They should ensure that food security or poverty reduction plans adequately address the need for healthier food options. They could do so, for example, by increasing availability of fruits and vegetables under food security schemes, incentivizing food retailers to stock healthy foods in low-income neighbourhoods or...

Text of the recommendation

46. In combating NCDs, States should therefore ensure that they comprehensively address socioeconomic disparities. They should ensure that food security or poverty reduction plans adequately address the need for healthier food options. They could do so, for example, by increasing availability of fruits and vegetables under food security schemes, incentivizing food retailers to stock healthy foods in low-income neighbourhoods or improving public transport to areas where healthy foods are available. In particular, social programmes aimed at ensuring food and nutritional security can be a useful tool for improving health, if they are sufficiently funded to allow for the purchase of healthy options and are combined with appropriate measures to provide nutrition education and make healthy foods available and accessible to those receiving benefits. Finally, States should work to eliminate inequities in access to primary and preventive care, to lessen the disproportionate effects of unhealthy foods on low-income communities.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 46. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 38 (2014) - 1445

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Food policy Other Health-related issues Food marketing regulations Schools and meals programs Education and information

38. States are urged to implement their obligations regarding children’s right to health, which requires States to address obesity in children, limit children’s exposure to fast foods and drinks high in sugar and caffeine and other harmful substances, regulate the marketing of such foods and control their availability in schools and other places frequented by children. States should also ensure...

Text of the recommendation

38. States are urged to implement their obligations regarding children’s right to health, which requires States to address obesity in children, limit children’s exposure to fast foods and drinks high in sugar and caffeine and other harmful substances, regulate the marketing of such foods and control their availability in schools and other places frequented by children. States should also ensure that effective health education and awareness programmes are targeted toward children, such as countermarketing campaigns or peer education programmes, and that healthy food options and information relating to them are available at institutions serving children, such as schools, paediatric health facilities or youth centres.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 38. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 36 and par. 37 (2014) - 1443

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Food policy Food marketing regulations Schools and meals programs Industry interference

36. In addition to marketing of unhealthy food targeted at children, including through toy giveaways, competitions, social media, cartoon characters, games, television, movies, interactive websites and in youth-oriented settings such as schools and recreation centres, parents are also often targeted by such pervasive marketing. This is done to encourage parents to buy unhealthy foods for their children. In many...

Text of the recommendation

36. In addition to marketing of unhealthy food targeted at children, including through toy giveaways, competitions, social media, cartoon characters, games, television, movies, interactive websites and in youth-oriented settings such as schools and recreation centres, parents are also often targeted by such pervasive marketing. This is done to encourage parents to buy unhealthy foods for their children. In many cases, the food industry’s marketing to children and their parents may be disproportionately aimed at particular racial, ethnic or socioeconomic groups, exacerbating health inequities faced by those groups.

37. Children are also frequently exposed to junk foods in both public and private settings. Food served or sold in institutional settings such as schools may be disproportionately weighted towards junk foods or other foods of limited nutritional value, particularly in school lunch programmes, where funds for healthier foods may be limited. Other places serving children and youth, such as sports centres, may also lack healthy food options. In the private sector, meals designed for children are often high in fat, sugar and salt, and fail to meet children’s nutritional needs, especially at fast food establishments. This may be the case even for foods marketed as “healthy” children’s meals. Where genuinely nutritious options are available, the default option may still be the unhealthy one.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 36 & 37. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 31 and par. 32 (2014) - 1441

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Food policy Packaging and labeling Food marketing regulations Industry interference Education and information

31. As the food industry plays a key role in the global food environment and is recognized as the primary driver of diet-related NCDs, it has a distinct responsibility to take steps to realize the right to health. While many challenges facing the food system, like environmental pressures such as draughts and floods, are out of the control of the...

Text of the recommendation

31. As the food industry plays a key role in the global food environment and is recognized as the primary driver of diet-related NCDs, it has a distinct responsibility to take steps to realize the right to health. While many challenges facing the food system, like environmental pressures such as draughts and floods, are out of the control of the food industry, there are several areas where it can make a positive impact on health by investing in and influencing healthier food choices. To this end, the industry should consider adopting standards to improve the nutritional quality of foods through product reformulation and to improve labelling and information on their products to contribute to healthier diets. The food industry should also invest in research to improve the nutritional content of their products rather than investing in increasing the marketability of existing products. Furthermore, supermarkets and fast food restaurants should take steps to market and promote healthier options. For example, in addition to providing calorie content of meals on menu cards, fast food restaurants should adopt appropriate nutrient profiling models that indicate the nutritional composition of the foods available.

32. In furthering their responsibility to respect the right to health, the food industry should ensure the transparency of nutritional information and composition, an area where thus far the efforts of the food industry have been woefully lacking. The food industry should take concrete steps to ensure that consumers have sufficient nutritional information about their products to aid and promote more responsible dietary decisions. Moreover, creating and implementing mechanisms that promote disclosures of conflicts of interest within their governance structures can contribute towards efforts to ensure transparency of the operations of the food industry. This is of particular relevance where global health funders, who are also non-State actors, are shareholders or sit on the governance boards of the food industry or vice versa.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health, A/HRC/26/31, (2014). Par. 31 & 32. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 29 and par. 30 (2014) - 1439

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Food policy Food marketing regulations Industry interference

29. The responsibility to respect the right to health requires the food industry to refrain from engaging in activities that negatively impact the right of people to the highest attainable standard of health. Where States have enacted legislation as part of national health policies to discourage consumption of unhealthy foods and promote healthier options, the food industry has the responsibility...

Text of the recommendation

29. The responsibility to respect the right to health requires the food industry to refrain from engaging in activities that negatively impact the right of people to the highest attainable standard of health. Where States have enacted legislation as part of national health policies to discourage consumption of unhealthy foods and promote healthier options, the food industry has the responsibility to comply with such laws and desist from undertaking activities that would undermine these policies. They should take measures to prevent, mitigate and remedy adverse impacts of their actions. For example, in light of the negative impact of food marketing and promotion activities on children’s diets, the food industry has the responsibility to refrain from advertising unhealthy products to children in accordance with national laws and regulations. Failure to exercise such restraint under domestic law may amount not only to a violation of the law, but also of the right to health. Similarly, the food industry should desist from promoting false or misleading health claims about their products, consistent with their responsibility to respect the right to health. Health claims about food products have often been shown to be unverifiable and deceptive about relative health benefits. Moreover, even where unhealthy ingredients like sugar and fat content are replaced with refined starch and promoted as “healthier” food options, they are still processed foods with minor improvement in nutritional quality.

30. Studies have shown that the food industry uses various strategies to undermine public health nutrition efforts. For example, the food industry hires prominent academics for their advisory boards, which may result in findings being more favourable towards the food industry, with the danger that the food industry may use such biased findings to support its claims on nutrition. Other tactics include the funding of front groups (that appear independent, yet are controlled by other organizations), lobbying and instituting lawsuits and threats thereof. It has also been shown that, under the guise of corporate social responsibility to meet their ethical obligations towards society at large, big soft drink companies have attempted to shift the burden of the responsibility to make healthier choices onto consumers instead of addressing their role in creating an unhealthy food environment. Furthermore, corporate social responsibility has also been used by the big soft drink industry as a means to thwart attempts at government regulation and increase sales of their products, particularly to children. Such acts result in a negation of the right to health.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 29 & 30. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 28 (2014) - 1437

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Food policy Tobacco control Industry interference

28. Although international human rights instruments refer to States as primary duty-bearers, non-State actors are also charged with the responsibility to respect the right to health. The International Covenant on Economic, Social and Cultural Rights prohibits the violation of human rights enshrined therein not only by States, but also by any “group or person”, clearly implicating the responsibility of non-State...

Text of the recommendation

28. Although international human rights instruments refer to States as primary duty-bearers, non-State actors are also charged with the responsibility to respect the right to health. The International Covenant on Economic, Social and Cultural Rights prohibits the violation of human rights enshrined therein not only by States, but also by any “group or person”, clearly implicating the responsibility of non-State actors in the realization of human rights (article 5). The right to health framework further crystalizes this position and provides that while only State parties to the Covenant are thus ultimately accountable for compliance with it, all members of society as well as the private business sector have responsibilities regarding the realization of the right to health. In the context of business corporations and TNCs, several guidelines have been adopted internationally that clarify that business corporations and TNCs have the responsibility to respect human rights, which includes the right to health. The responsibilities of business enterprises are independent of the State’s obligations to realize its obligations towards human rights and also of corporations’ obligations to comply with national laws and regulations.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 28. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 23, par. 24 and par. 25 (2014) - 1435

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Food policy Food marketing regulations Schools and meals programs Industry interference

23. To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines...

Text of the recommendation

23. To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines for member companies to restrict advertising and promoting practices with respect to children. However, self-regulation by companies has not had any significant effect on altering food marketing strategies. Due to a variety of reasons, such as the non-binding nature of such self-regulation, lack of benchmarks and transparency, inconsistent definition of children and different nutrition criteria, companies may be able to circumvent guidelines, blunting the intended effect of marketing guidelines they instituted.

24. Collaboration between Governments and food corporations has been recommended as an alternative to self-regulation. One of the major reasons cited for promoting partnerships between private food companies and Governments is that food corporations have the ability to promote healthier dietary habits and are therefore a part of the solution to reduce and prevent the obesity epidemic. However, the conflict of interest between the State’s duty to promote public health and companies’ responsibility towards their shareholders to increase profits renders private–public partnership suspect. In addition, the close relationship between food and beverage companies and Government agencies may lead to a lack of transparency and independence of regulatory authorities, which may undermine the effectiveness of public–private partnerships in States’ efforts to reduce diet-related NCDs.

25. Owing to the inherent problems associated with self-regulation and public–private partnerships, there is a need for States to adopt laws that prevent companies from using insidious marketing strategies. The responsibility to protect the enjoyment of the right to health warrants State intervention in situations when third parties, such as food companies, use their position to influence dietary habits by directly or indirectly encouraging unhealthy diets, which negatively affect people’s health. Therefore, States have a positive duty to regulate unhealthy food advertising and the promotion strategies of food companies. Under the right to health, States are especially required to protect vulnerable groups such as children from violations of their right to health. To reduce opportunities for targeted advertisements, some States have instituted laws to ban companies from advertising their products to children below a certain age and to limit the availability of unhealthy foods in schools.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 23, 24 and 25. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 10, par. 11 and par. 22 (2014) - 1433

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Food policy Food marketing regulations Industry interference Food and nutrition security

10. Global food promotion, marketing and advertising are closely linked with globalization, leading to dietary transitions towards unhealthy foods. The aim of food marketing is to increase demand for products by making people develop the habit of consuming the product regularly. Aggressive expansionist strategies pursued by TNCs in emerging economies over the last few decades have increased the visibility and...

Text of the recommendation

10. Global food promotion, marketing and advertising are closely linked with globalization, leading to dietary transitions towards unhealthy foods. The aim of food marketing is to increase demand for products by making people develop the habit of consuming the product regularly. Aggressive expansionist strategies pursued by TNCs in emerging economies over the last few decades have increased the visibility and familiarity of global food brands, which are then leveraged to increase consumption of these products. Specific marketing tools are used to increase consumption by ensuring the presence of global food brands in as many places as possible at affordable prices, while expanding the variety of their products to suit local tastes and purchasing capacities. In order to cater to some rural areas and low-income populations, soft drink companies have invested in smaller bottles at lower prices to create acceptability of the product. In other places, portion sizes are increased to encourage greater consumption. At an individual level, increased purchasing power and the convenience of ready-to-eat products promote the consumption of unhealthy foods. At a population level, the aggressive and systematic marketing strategies used by TNCs fuel this demand.

11. The food industry spends billions of dollars on persistent and pervasive promotion and marketing of unhealthy foods. TNCs often enter into exclusive contracts with fast food outlets to sell their foods. Varied pricing strategies are used as a mechanism to elicit demand for unhealthy products. Supermarkets have also been found to provide more price discounts for unhealthy foods compared to healthy foods.

(...)

22. To prevent harm to people’s health and fulfill their obligation under the right to health, States should put in place national policies to regulate advertising of unhealthy foods. States should formulate laws and a regulatory framework with the objective of reducing children’s exposure to powerful food and drink marketing. Such regulations should ensure that the food industry provide accurate and reader-friendly nutrition information when advertising their products.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 10, 11, 22. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 7 (2014) - 1431

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Food policy Food production Industry interference Food and nutrition security Trade and investment

7. The 1980s “structural adjustment programmes” of the International Monetary Fund and the World Bank compelled developing countries to open up their markets, including the food sector, to foreign trade as a part of loan fulfilling conditions. Agreements negotiated at the World Trade Organization sought further market integration by reducing tariffs and non-tariff barriers to trade, curtailing export subsidies and...

Text of the recommendation

7. The 1980s “structural adjustment programmes” of the International Monetary Fund and the World Bank compelled developing countries to open up their markets, including the food sector, to foreign trade as a part of loan fulfilling conditions. Agreements negotiated at the World Trade Organization sought further market integration by reducing tariffs and non-tariff barriers to trade, curtailing export subsidies and removing protections of domestic industry to promote the freer flow of goods and services. These policies were implemented as a means of increasing the efficiency of the food system in producing the foods that people needed and wanted, but they had significant effects on the types of available foods and their costs. As a result, there has been a drastic increase in production of certain products relative to others. For example, there was a substantial increase in the global production of vegetable oils such as partially hydrogenated soybean oil, a source of trans-fats, and palm oil, a source of saturated fats. Similarly, grains such as corn are produced in larger quantities to cater to the food processing industry to produce sweeteners like high-fructose corn syrup, substantially increasing global calorie consumption from such sweeteners (A/HRC/19/59, pp. 13–14). Studies show that countries adopting market deregulation policies experience a faster increase in unhealthy food consumption and mean body mass index, an indicator of obesity. In furthering the goals of market expansion and profits, critical focus areas of health such as diets and nutrition have not been given due consideration.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 7. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, par. 2 and par. 3 (2014) - 1428

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-par-2-and-par-3-2014

Food policy Food marketing regulations Physical activity Industry interference Food and nutrition security

2. More than 36 million people die from NCDs every year. NCDs have outstripped communicable diseases as the leading cause of death in most parts of the world. Four main diseases – cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – account for a majority of NCD-related deaths. Unhealthy diets are one of the primary modifiable risk factors associated with...

Text of the recommendation

2. More than 36 million people die from NCDs every year. NCDs have outstripped communicable diseases as the leading cause of death in most parts of the world. Four main diseases – cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – account for a majority of NCD-related deaths. Unhealthy diets are one of the primary modifiable risk factors associated with NCDs and account for 2.7 million deaths annually. Low- and middle-income countries suffer a greater burden of NCD mortality, with 80 per cent of all NCD deaths occurring in these countries. Unhealthy diets are also linked to high rates of obesity, a growing global epidemic that kills around 2.8 million people a year and is a known risk factor for NCDs.

3. Diets high in intake of foods such as burgers, pizzas, red meats, crisps, biscuits, salty snacks, sugary drinks that contain high levels of sugar, salt, trans-fats and saturated fats are known to pose a greater risk for obesity and NCDs. Most of these foods are ultraprocessed, ready to eat but energy-dense and containing empty calories devoid of nutritional value. Unhealthy foods consumed in small quantities and in addition to healthier sources are not necessarily harmful to health. However, given their high availability and palatability, and due to aggressive marketing, they have replaced healthier foods in diets. This is a particularly worrying trend for low- and middle-income countries, as the rate of consumption of unhealthy foods for such countries is projected to outpace high-income countries. While excess calories consumed from unhealthy foods may be expended through physical activity, the shift in technology from labour-intensive to service-oriented occupations and changes in modes of transportation have resulted in sedentary lifestyles and thereby reduced physical activity and energy expenditure.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 2,3 . Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 101, par. 103 (a), (b), (c), (d), and par. 104 (a), (b), (c), (d), (e), (f), (g), (h) (2014) - 1426

https://righttohealthpolicyhub.org/database/report-of-the-special-rapporteur-in-the-field-of-cultural-rights-par-101-par-103-a-b-c-d-and-par-104-a-b-c-d-e-f-g-h-2014

Food policy Tobacco control Food marketing regulations Schools and meals programs Industry interference Digital environment Tobacco advertising, promotion, and sponsorship (TAPS)

101. Many States have adopted laws, but commercial advertising and marketing remains mostly self-regulated. This situation is unsatisfactory, leading to poor overall implementation, gaps, inconsistencies and legal uncertainty for both the industry and the public, as well as a paucity of clear, transparent and efficient complaint mechanisms. (...) 103. The Special Rapporteur recommends in particular that: (a) States adopt legislation on...

Text of the recommendation

101. Many States have adopted laws, but commercial advertising and marketing remains mostly self-regulated. This situation is unsatisfactory, leading to poor overall implementation, gaps, inconsistencies and legal uncertainty for both the industry and the public, as well as a paucity of clear, transparent and efficient complaint mechanisms. (...)

103. The Special Rapporteur recommends in particular that: (a) States adopt legislation on commercial advertising and marketing that regroups dispersed codes of ethics and clearly refers to the obligation to respect and protect human rights, in particular the right to freedom of thought, opinion and expression, the right to privacy and family life, the rights of women, children, minorities and indigenous peoples, the right to health, food, education and leisure, the right to take part in cultural life and the right to artistic freedom; (b) Local authorities, in particular municipalities, adopt regulations in their spheres of competency regarding commercial advertising, with reference to human rights standards as mentioned in subparagraph (a) above; (c) Companies adopt self-regulatory codes, in compliance with human rights standards, establishing a global responsible marketing and advertising policy and prohibiting harmful and unethical advertising, in particular to children; (d) States, local authorities and bodies responsible for overseeing the implementation of self-regulated codes provide clear, simple and easily accessible information to their constituents about the legal framework in place, the authorities responsible and the remedies available, with a good initiative being to issue practical guidelines for citizens and consumers of the various rules and codes in place and possible remedies. 104. The Special Rapporteur recommends that legislation, regulations and policies adopted by States and local authorities, where relevant: (a) Be adopted or amended following consultations with civil society organizations, and not only the corporate sector; (b) Be geared towards reducing the level of commercial advertising and marketing that people receive daily, indicating in particular what should be considered as unreasonable in terms of, for example, the number, intensity and frequency of advertisements, sound volume, luminosity, location and size, and be aimed at the proactive implementation of environmental and other legislation through the prompt removal of illegal advertising; (c) Be based on the fundamental principle that commercial advertising and marketing should always be clearly identifiable and distinguishable from other content on all media, in all places and on all supports, and that this be tested with the target audience and be applied to all new advertising strategies, including the use of brand ambassadors and native advertising; ensure that messages are labelled as advertising in an internationally recognized format; and establish a compulsory, clear and uniform system of labelling for all in-game advertising and “advergames”; (d) Prohibit all resort to subliminal and surreptitious methods, and restrict advertising that is processed implicitly, taking into consideration various factors such as the age and capacity of the persons targeted as well as the amount of advertisements they receive, and provide that the example of countries that have restricted brain-imaging techniques to scientific, medical and judiciary usage be followed; (e) Ban all commercial advertising and marketing in public and private schools and ensure that curricula are independent from commercial interests; (f) Further identify spaces that should be completely or especially protected from commercial advertising, such as kindergartens, universities, nurseries, hospitals, cemeteries, parks, sports facilities and playgrounds, as well as cultural heritage sites and such cultural institutions as museums, with the banning or drastic limitation of outdoor advertising as an option, as exemplified by several cities in the world; (g) Prohibit all forms of advertising to children under 12 years of age, regardless of the medium, support or means used, with the possible extension of such prohibition to children under 16 years of age, and ban the practice of child brand ambassadors; (h) Contain unequivocal definitions, in particular of the various advertising and marketing practices being regulated, measurable targets and strong monitoring mechanisms with meaningful sanctions.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Par. 101, 103, 104. Available at: https://undocs.org/A/69/286

2014 - Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Par. 23. (2014) - 537

https://righttohealthpolicyhub.org/database/special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-a-hrc-26-31-pars-par-22

Food policy

To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines for...

Text of the recommendation

To address the issue of aggressive marketing, some States have supported self-regulation and have allowed food companies to voluntarily regulate their practices related to marketing and nutritional content of unhealthy foods to children. Companies often voluntarily adopt self-formulated guidelines and standards to restrict Government regulation and respond public demands. They have also taken joint initiatives and formulated guidelines for member companies to restrict advertising and promoting practices with respect to children. However, self-regulation by companies has not had any significant effect on altering food marketing strategies. Due to a variety of reasons, such as the non-binding nature of such self-regulation, lack of benchmarks and transparency, inconsistent definition of children and different nutrition criteria, companies may be able to circumvent guidelines, blunting the intended effect of marketing guidelines they instituted.

Citation

2014 - Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Par. 22. - 529

https://righttohealthpolicyhub.org/database/special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-a-hrc-26-31-pars-22

Food policy

To prevent harm to people’s health and fulfill their obligation under the right to health, States should put in place national policies to regulate advertising of unhealthy foods. States should formulate laws and a regulatory framework with the objective of reducing children’s exposure to powerful food and drink marketing. Such regulations should ensure that the food industry provide accurate and...

Text of the recommendation

To prevent harm to people’s health and fulfill their obligation under the right to health, States should put in place national policies to regulate advertising of unhealthy foods. States should formulate laws and a regulatory framework with the objective of reducing children’s exposure to powerful food and drink marketing. Such regulations should ensure that the food industry provide accurate and reader-friendly nutrition information when advertising their products.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 22. Available at: https://undocs.org/A/HRC/26/31

2014 - Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Pars. 10, 11. - 525

https://righttohealthpolicyhub.org/database/special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-a-hrc-26-31-pars-10-11

Food policy CESCR

Global food promotion, marketing and advertising are closely linked with globalization, leading to dietary transitions towards unhealthy foods. The aim of food marketing is to increase demand for products by making people develop the habit of consuming the product regularly. Aggressive expansionist strategies pursued by TNCs in emerging economies over the last few decades have increased the visibility and familiarity...

Text of the recommendation

Global food promotion, marketing and advertising are closely linked with globalization, leading to dietary transitions towards unhealthy foods. The aim of food marketing is to increase demand for products by making people develop the habit of consuming the product regularly. Aggressive expansionist strategies pursued by TNCs in emerging economies over the last few decades have increased the visibility and familiarity of global food brands, which are then leveraged to increase consumption of these products. Specific marketing tools are used to increase consumption by ensuring the presence of global food brands in as many places as possible at affordable prices, while expanding the variety of their products to suit local tastes and purchasing capacities. In order to cater to some rural areas and low-income populations, soft drink companies have invested in smaller bottles at lower prices to create acceptability of the product. In other places, portion sizes are increased to encourage greater consumption. At an individual level, increased purchasing power and the convenience of ready-to-eat products promote the consumption of unhealthy foods. At a population level, the aggressive and systematic marketing strategies used by TNCs fuel this demand.

The food industry spends billions of dollars on persistent and pervasive promotion and marketing of unhealthy foods. TNCs often enter into exclusive contracts with fast food outlets to sell their foods. Varied pricing strategies are used as a mechanism to elicit demand for unhealthy products. Supermarkets have also been found to provide more price discounts for unhealthy foods compared to healthy foods.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Pars. 10, 11. Available at: https://undocs.org/A/HRC/26/31

2014 - Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. Par. 7. - 516

https://righttohealthpolicyhub.org/database/special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-a-hrc-26-31-par-7

Food policy

The 1980s “structural adjustment programmes” of the International Monetary Fund and the World Bank compelled developing countries to open up their markets, including the food sector, to foreign trade as a part of loan fulfilling conditions. Agreements negotiated at the World Trade Organization sought further market integration by reducing tariffs and non-tariff barriers to trade, curtailing export subsidies and removing...

Text of the recommendation

The 1980s “structural adjustment programmes” of the International Monetary Fund and the World Bank compelled developing countries to open up their markets, including the food sector, to foreign trade as a part of loan fulfilling conditions. Agreements negotiated at the World Trade Organization sought further market integration by reducing tariffs and non-tariff barriers to trade, curtailing export subsidies and removing protections of domestic industry to promote the freer flow of goods and services. These policies were implemented as a means of increasing the efficiency of the food system in producing the foods that people needed and wanted, but they had significant effects on the types of available foods and their costs. As a result, there has been a drastic increase in production of certain products relative to others. For example, there was a substantial increase in the global production of vegetable oils such as partially hydrogenated soybean oil, a source of trans-fats, and palm oil, a source of saturated fats. Similarly, grains such as corn are produced in larger quantities to cater to the food processing industry to produce sweeteners like high-fructose corn syrup, substantially increasing global calorie consumption from such sweeteners (A/HRC/19/59, pp. 13–14). Studies show that countries adopting market deregulation policies experience a faster increase in unhealthy food consumption and mean body mass index, an indicator of obesity. In furthering the goals of market expansion and profits, critical focus areas of health such as diets and nutrition have not been given due consideration.

Citation

"Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to

the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Par. 7. Available at: https://undocs.org/A/HRC/26/31

2014 - Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health para. 2 and para. 3 (2014) - 515

https://righttohealthpolicyhub.org/database/special-rapporteur-on-the-right-of-everyone-to-the-enjoyment-of-the-highest-attainable-standard-of-physical-and-mental-health-a-hrc-26-31-pars-2-3

Food policy

More than 36 million people die from NCDs every year. NCDs have outstripped communicable diseases as the leading cause of death in most parts of the world. Four main diseases – cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – account for a majority of NCD-related deaths. Unhealthy diets are one of the primary modifiable risk factors associated with NCDs...

Text of the recommendation

More than 36 million people die from NCDs every year. NCDs have outstripped communicable diseases as the leading cause of death in most parts of the world. Four main diseases – cardiovascular diseases, cancers, chronic respiratory diseases and diabetes – account for a majority of NCD-related deaths. Unhealthy diets are one of the primary modifiable risk factors associated with NCDs and account for 2.7 million deaths annually. Low- and middle-income countries suffer a greater burden of NCD mortality, with 80 per cent of all NCD deaths occurring in these countries. Unhealthy diets are also linked to high rates of obesity, a growing global epidemic that kills around 2.8 million people a year and is a known risk factor for NCDs.

Diets high in intake of foods such as burgers, pizzas, red meats, crisps, biscuits, salty snacks, sugary drinks that contain high levels of sugar, salt, trans-fats and saturated fats are known to pose a greater risk for obesity and NCDs. Most of these foods are ultraprocessed, ready to eat but energy-dense and containing empty calories devoid of nutritional value. Unhealthy foods consumed in small quantities and in addition to healthier sources are not necessarily harmful to health. However, given their high availability and palatability, and due to aggressive marketing, they have replaced healthier foods in diets. This is a particularly worrying trend for low- and middle-income countries, as the rate of consumption of unhealthy foods for such countries is projected to outpace high-income countries. While excess calories consumed from unhealthy foods may be expended through physical activity, the shift in technology from labour-intensive to service-oriented occupations and changes in modes of transportation have resulted in sedentary lifestyles and thereby reduced physical activity and energy expenditure.

Citation

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, A/HRC/26/31, (2014). Pars. 2,3 . Available at: https://undocs.org/A/HRC/26/31

2014 - Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights. Pars. 101, 102, 103, 104. - 496

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-pars-101-102-103-104

Food policy Tobacco control

Many States have adopted laws, but commercial advertising and marketing remains mostly self-regulated. This situation is unsatisfactory, leading to poor overall implementation, gaps, inconsistencies and legal uncertainty for both the industry and the public, as well as a paucity of clear, transparent and efficient complaint mechanisms. (...) The Special Rapporteur recommends in particular that: (a) States adopt legislation on commercial advertising...

Text of the recommendation

Many States have adopted laws, but commercial advertising and marketing remains mostly self-regulated. This situation is unsatisfactory, leading to poor overall implementation, gaps, inconsistencies and legal uncertainty for both the industry and the public, as well as a paucity of clear, transparent and efficient complaint mechanisms. (...)

The Special Rapporteur recommends in particular that: (a) States adopt legislation on commercial advertising and marketing that regroups dispersed codes of ethics and clearly refers to the obligation to respect and protect human rights, in particular the right to freedom of thought, opinion and expression, the right to privacy and family life, the rights of women, children, minorities and indigenous peoples, the right to health, food, education and leisure, the right to take part in cultural life and the right to artistic freedom; (b) Local authorities, in particular municipalities, adopt regulations in their spheres of competency regarding commercial advertising, with reference to human rights standards as mentioned in subparagraph (a) above; (c) Companies adopt self-regulatory codes, in compliance with human rights standards, establishing a global responsible marketing and advertising policy and prohibiting harmful and unethical advertising, in particular to children; (d) States, local authorities and bodies responsible for overseeing the implementation of self-regulated codes provide clear, simple and easily accessible information to their constituents about the legal framework in place, the authorities responsible and the remedies available, with a good initiative being to issue practical guidelines for citizens and consumers of the various rules and codes in place and possible remedies. 104. The Special Rapporteur recommends that legislation, regulations and policies adopted by States and local authorities, where relevant: (a) Be adopted or amended following consultations with civil society organizations, and not only the corporate sector; (b) Be geared towards reducing the level of commercial advertising and marketing that people receive daily, indicating in particular what should be considered as unreasonable in terms of, for example, the number, intensity and frequency of advertisements, sound volume, luminosity, location and size, and be aimed at the proactive implementation of environmental and other legislation through the prompt removal of illegal advertising; (c) Be based on the fundamental principle that commercial advertising and marketing should always be clearly identifiable and distinguishable from other content on all media, in all places and on all supports, and that this be tested with the target audience and be applied to all new advertising strategies, including the use of brand ambassadors and native advertising; ensure that messages are labelled as advertising in an internationally recognized format; and establish a compulsory, clear and uniform system of labelling for all in-game advertising and “advergames”; (d) Prohibit all resort to subliminal and surreptitious methods, and restrict advertising that is processed implicitly, taking into consideration various factors such as the age and capacity of the persons targeted as well as the amount of advertisements they receive, and provide that the example of countries that have restricted brain-imaging techniques to scientific, medical and judiciary usage be followed; (e) Ban all commercial advertising and marketing in public and private schools and ensure that curricula are independent from commercial interests; (f) Further identify spaces that should be completely or especially protected from commercial advertising, such as kindergartens, universities, nurseries, hospitals, cemeteries, parks, sports facilities and playgrounds, as well as cultural heritage sites and such cultural institutions as museums, with the banning or drastic limitation of outdoor advertising as an option, as exemplified by several cities in the world; (g) Prohibit all forms of advertising to children under 12 years of age, regardless of the medium, support or means used, with the possible extension of such prohibition to children under 16 years of age, and ban the practice of child brand ambassadors; (h) Contain unequivocal definitions, in particular of the various advertising and marketing practices being regulated, measurable targets and strong monitoring mechanisms with meaningful sanctions.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Pars. 101, 102, 103, 104. Available at: https://undocs.org/A/69/286

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 53 (2014) - 479

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-pars-87-88-2

Tobacco control Packaging and labeling Tobacco advertising, promotion, and sponsorship (TAPS)

53. Regulations have lagged behind the ingenuity of advertisers. For example, the banning of traditional tobacco advertising is insufficient. A study measuring brain reactions to a range of stimulants (cigarette packets, advertising posters, promotional items and brand exposure through sponsorship) show that sponsorship images, such as using a colour code for items even without explicitly mentioning the brand, stimulate areas...

Text of the recommendation

53. Regulations have lagged behind the ingenuity of advertisers. For example, the banning of traditional tobacco advertising is insufficient. A study measuring brain reactions to a range of stimulants (cigarette packets, advertising posters, promotional items and brand exposure through sponsorship) show that sponsorship images, such as using a colour code for items even without explicitly mentioning the brand, stimulate areas of the brain associated with the desire to smoke. These results invite considerations of ways to regulate all forms of indirect advertising and sponsorship.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Pars. 53. Available at: https://undocs.org/A/69/286

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 87 and par. 88 (2014) - 475

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-pars-87-88

Food policy Tobacco control Food marketing regulations Tobacco advertising, promotion, and sponsorship (TAPS) Tobacco use

87. Television remains a key medium for advertisement, and advertisements are the principal source of income for television channels. To attract advertisers, channels need to attract the target audience of companies. Studies reveal the impact of advertising on programme content, for instance channels not offering content to groups with low purchasing power and the managing director of a television channel...

Text of the recommendation

87. Television remains a key medium for advertisement, and advertisements are the principal source of income for television channels. To attract advertisers, channels need to attract the target audience of companies. Studies reveal the impact of advertising on programme content, for instance channels not offering content to groups with low purchasing power and the managing director of a television channel averring that the aim was to sell “available parts of human brains” to advertisers. It is further argued that the increased representation of violence in programmes reinforces the efficiency of advertising: individuals subjected to emotional stress retain messages delivered to them better. In addition, a number of biochemical reactions make people more inclined to consume food with a high fat and sugar content. 88. Embedded advertising on television is also of concern. Article 13 (2) of the WHO Framework Convention on Tobacco Control requires parties to implement a comprehensive ban on tobacco advertising, promotion and sponsorship or to apply restrictions that are as comprehensive as possible. The guidelines for implementing this provision recognize that the depiction of tobacco in films is a form of promotion. Prohibitive or restrictive measures need not interfere with legitimate types of expression, however, such as journalistic, artistic or academic expression or legitimate social or political commentary. Nonetheless, States should take steps to prevent the use of journalistic, artistic or academic expression or social or political commentary for the promotion of tobacco use or tobacco products.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Pars. 87, 88. Available at: https://undocs.org/A/69/286

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 2 and par. 3 (2014) - 468

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-pars-2-3

Food policy Tobacco control Food marketing regulations Digital environment Tobacco advertising, promotion, and sponsorship (TAPS)

2. Commercial advertising and marketing practices encompass a diversity of tools and methods to sell and promote services or products. Adapting quickly to new technologies, these practices constantly evolve, using both overt and less overt messaging. Recognizing different forms of advertising and clearly distinguishing between commercial advertising and other content is increasingly difficult. The myriad commercial messages people receive on...

Text of the recommendation

2. Commercial advertising and marketing practices encompass a diversity of tools and methods to sell and promote services or products. Adapting quickly to new technologies, these practices constantly evolve, using both overt and less overt messaging. Recognizing different forms of advertising and clearly distinguishing between commercial advertising and other content is increasingly difficult. The myriad commercial messages people receive on a daily basis is striking, as is large variety of media used in a systematic and integrated way.
3. Commercial advertising and marketing practices have an increasing impact on the cultural and symbolic landscapes we inhabit and more widely on our cultural diversity. Always aiming to sell, this commercial messaging has the potential to deeply influence the philosophical beliefs of people and their aspirations, as well as cultural values and practices, from food consumption models to burial rituals, including tastes and beauty canons.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Par. 2, 3. Available at: https://undocs.org/A/69/286

2014 - Committee on the Elimination of Discrimination against Women and Committee on the Rights of the Child, Joint General Recommendation #31 and #18, respectively, par. 69 (2014) - 449

https://righttohealthpolicyhub.org/database/committee-on-the-elimination-of-discrimination-against-women-committee-on-the-rights-of-the-child-joint-general-recommendation-no-31-par-69

Food policy Other Health-related issues CEDAW CRC Schools and meals programs Education and information

69. The Committees recommend that the States parties to the Conventions: (...) (d) Ensure that schools provide age-appropriate information on sexual and reproductive health and rights, including in relation to gender relations and responsible sexual behaviour, HIV prevention, nutrition and protection from violence and harmful practices;...

Text of the recommendation

69. The Committees recommend that the States parties to the Conventions: (...) (d) Ensure that schools provide age-appropriate information on sexual and reproductive health and rights, including in relation to gender relations and responsible sexual behaviour, HIV prevention, nutrition and protection from violence and harmful practices;

Citation

Committee on the Elimination of Discrimination against Women; Committee on the Rights of the Child, Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/General comment No. 18 of the Committee on the Rights of the Child on harmful practices CEDAW/C/GC/31/CRC/C/GC/18, (2014). Par. 69. Available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CEDAW/C/GC/31/CRC/C/GC/18&Lang=en

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 48 (2014) - 285

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-2014-par-48

Food policy Tobacco control Other Health-related issues Food marketing regulations Tobacco advertising, promotion, and sponsorship (TAPS) Environment and health

48. Many products, behaviours and attitudes promoted by commercial advertising are harmful to people’s health and social relationships, as well as to the environment. Examples most frequently mentioned include tobacco smoking, which advertising associates with the positive values of freedom and independence; the stereotyping of women; and the promotion of food with a high content of fat, sugar or salt....

Text of the recommendation

48. Many products, behaviours and attitudes promoted by commercial advertising are harmful to people’s health and social relationships, as well as to the environment. Examples most frequently mentioned include tobacco smoking, which advertising associates with the positive values of freedom and independence; the stereotyping of women; and the promotion of food with a high content of fat, sugar or salt. These are not the only examples, and some argue that, overall, it is the omnipresent and aggressive promotion of lifestyles based on intense consumption that is detrimental to human societies and the environment.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Par. 48. Available at: https://undocs.org/A/69/286

2014 - Report of the Special Rapporteur in the field of cultural rights, par. 26 (2014) - 270

https://righttohealthpolicyhub.org/database/special-rapporteur-in-the-field-of-cultural-rights-report-on-cultural-rights-promotion-and-protection-of-human-rights-a-69-286-2014-par-26

Food policy Tobacco control Food marketing regulations Digital environment Tobacco advertising, promotion, and sponsorship (TAPS)

26. Today, people receive an ever-increasing number of commercial messages disseminated in a systematic and integrated manner across multiple media, in the public and private spheres, in physical and digital spaces. While varying from one country to another, the level of commercial advertising seems to be on the rise everywhere, deploying increasingly sophisticated strategies, resulting in a progressively blurred line...

Text of the recommendation

26. Today, people receive an ever-increasing number of commercial messages disseminated in a systematic and integrated manner across multiple media, in the public and private spheres, in physical and digital spaces. While varying from one country to another, the level of commercial advertising seems to be on the rise everywhere, deploying increasingly sophisticated strategies, resulting in a progressively blurred line between advertising and other content, especially in the areas of culture and education.

Citation

Special Rapporteur in the field of cultural rights, Report on cultural rights: Promotion and protection of human rights: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, A/69/286, (2014). Par. 26. Available at: https://undocs.org/A/69/286