The right to food in Peru

Right to food legal framework

Peru's Constitution states in Article 1 "the defense of the human person and respect for his or her dignity are the supreme goal of society and the State", and Article 2.1 which states that everyone has the right "to life, identity, moral, mental and physical integrity and development and well-being. The unborn child is a subject of law in every respect". While there is no explicit recognition of the right to adequate food, this right is contained in the right to life. Correspondingly, Article 3 allows for the possibility of rights that are not expressly recognized in the text, noting: "The enumeration of rights in this chapter does not exclude others that the Constitution guarantees or others of similar nature or others based on the dignity of man".

As well, Article 55 of the Constitution states: "The treaties established by the State form part of national law". This article is of special importance because Peru has approved and ratified various treaties pertaining to the recognition of the human right to adequate food, among others, the Universal Declaration of Human Rights from 1948, the International Covenant on Economic, Social and Cultural Rights in 1978 and the Millennium Declaration.

Under Peruvian law, the General Health Law regulates, in concrete terms, the right to healthy and sufficient food. This is expressed in its 10th article: "Everyone has the right to healthy and sufficient food to meet their biological needs (…) in nutrition programs and food assistance the government provides preferential treatment to children, pregnant women and nursing mothers, adolescents and the elderly in situations of social abandonment". The 12th article of the aforementioned Law complements the enforceability of this right when it states: "The obligations referred to in Articles 10, and 11 of this Act, are enforceable by the State by whoever has a legitimate interest, those responsible, or family"

(Excerpt Bill No 1163/2011, Law on the Right to Adequate Food and Promoting Food Security)

Associated sectoral laws
Right to food normative source
Others

Decreto Supremo N° 118-2002-PCM Crean la Comisión Multisectorial de Seguridad Alimentaria.

Decreto Supremo N° 139-2002-PCM que modifica el artículo 5 del Decreto Supremo Nº 118-2002-PCM.