The judicialisation of the right to adequate food: a comparative study of India and South Africa |
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Authors: | Ebenezer Durojaye Enoch MacDonnell Chilemba |
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Affiliation: | 1. Dullah Omar Institute, University of the Western Cape, Robert Sobukwe Street, Bellville, Cape Town, South Africa;2. Faculty of Law, University of Malawi, Zomba, Malawi |
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Abstract: | This article discusses the normative framework for the recognition of the right to adequate food under international and regional human rights law. It then examines the relevance of judicialisation of the right to food in India and South Africa. The article observes that while the right to food is not explicitly recognised in the Indian Constitution, the courts have purposively interpreted the Constitution with a view to holding the government accountable to its obligation under international and national law. It concludes by examining lessons South Africa can draw from the Indian experience. |
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