Download Fed Up With the Right to Food?: The Netherlands' Policies by Otto Hospes, Bernd Van Der Meulen PDF

By Otto Hospes, Bernd Van Der Meulen

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Extra info for Fed Up With the Right to Food?: The Netherlands' Policies and Practices Regarding the Human Right to Adequate Food

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Especially with regard to the Covenant a third characteristic of the phrase ‘binding on all persons’ is that direct applicability is assessed in an extremely abstract manner. The case to be resolved by the Court does not play any role in the considerations. 39 This specific approach to direct applicability of the Covenant implies that the General Comments of the Committee on Economic, Social and Cultural Rights on the assessment of direct applicability appear to play no role at all. No matter how much the Committee emphasises that the policy freedom is restricted or even absent, this does not make a difference for the Dutch courts with regard to direct applicability.

Vlemminx, Een nieuw profiel van de grondrechten, The Hague 2002, pages 20-22. C. G. K. ), De Grondwet, Een systematisch en artikelsgewijs commentaar, Deventer 2000, pages 456-457. 36 Fed up with the right to food? An adequate right to food? provisions can be invoked if they have direct applicability. The Netherlands, however, applies a special term in connection with this direct applicability. This is the concept ‘binding on all persons’ that was included in Article 94 of the Constitution in 1956.

The distinction between these three types is not watertight. One can often argue as to whether a certain rule is of one type or another81 but that does not diminish the usefulness of the distinction. 82 Exceptions apply to specifically designated categories such as food additives, genetically modified foods and (other) novel foods. These need to pass a safety assessment before they can be brought to the market. Besides raw materials that the producer intentionally includes in a food product, many kinds of chemicals or (micro) organisms may unintentionally find their way into the final product before it reaches the consumer.

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