RESEARCH x ARTICLE State Obligations Regarding the Right to Food: An Analysis of International and Domestic Frameworks with a Focus on Algeria z Salem Selmani Prof. Dr. Academician Faculty of Law and Political Science, Ziane Achour University – Djelfa Algeria \ \ Abdelaziz Bessalem Email: Morsli Abdellah University Centre - Tipaza Algeria E-mail: Doi Serial 4 Keywords Right to Food, ICESCR, Algeria z Abstract

X 735;   doi:10.56352/sei/8.6.81.      

z Licensed z © 2025 The Author(s). Published by Science, Education and Innovations in the context of modern problems (SEI) by z IMCRA - International Meetings and Journals Research Association (Azerbaijan). This is an open access article under the / CC BY license .

Economic, social, and cultural rights include the right to adequate food, housing, education, health, social security, participation in cultural life, access to water and sanitation, and work 1

To achieve food security, individuals, families, or populations must have physical and economic access to sufficient food at all times. In other words, food availability and access must not be threatened by sudden shocks, such as economic crises, climate fluctuations, or recurring events like seasonal food insecurity. Ensuring food security requires fulfilling its four core pillars while aligning with related Sustainable Development Goals 2

The issue of food represents a fundamental aspect of human rights and ranks as a top priority for nations when drafting political strategies that address society’s needs. It requires sufficient financial capacity and external cooperation while adapting to political, economic, and social conditions to ensure continuous food availability—even during times of reduced domestic production or international market volatility 3

Accordingly, this study raises the following question:

What are the obligations of States under the International Covenant on Economic, Social and Cultural Rights (ICESCR) regarding the right to food in general, and how is this right enshrined in the Algerian Constitution and legal framework in particular?

To address this question, the following plan is proposed:

Chapter One: Legal Obligations of State Parties under the ICESCR

Section One: International Obligations of State Parties

The right to food is not merely a response to malnutrition or a reflection of ineffective policies. It is a deeply rooted human entitlement that places enforceable obligations on both States and the international community. Historically, marginalized populations have fought for this right through revolutions against monarchies, religious institutions, feudalism, monopolies, and governments that failed to fulfill their duty to secure adequate food.

In the modern international order, the right to food has acquired strong legal and procedural connotations. It has become an enforceable obligation requiring States to adopt legal measures that prevent any failure in fulfilling this right. Food insecurity generally stems from two main causes: either the unavailability of food or the inability of individuals to access available food , usually due to poverty, political instability, poor distribution, or corruption at both local and national levels⁴ International experts confirm that famines rarely result from food scarcity, but rather from victims’ lack of access to it— driven by poverty, conflict, poor governance, orenvironmental degradation ⁵.

According to Article 2 of the ICESCR, States parties are bound by three layers of legal obligations (paragraphs 1, 2, and 3), rooted in two key principles of international law:

• 1.    The Principle of Treaty Supremacy over Domestic Law , as enshrined in Article 27 of the Vienna Convention on the Law of Treaties , which prohibits States from invoking domestic legal provisions as a justification for failing to fulfill international treaty obligations.

• 2.    The Right to Effective Remedy , as affirmed in Article 8 of the Universal Declaration of Human Rights , which states:

“Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him by the constitution or by law.” 6

Section Two: Domestic and International Obligations of States Regarding the Right to Food

States must adopt effective policies and measures to progressively realize the right of all people to access adequate food, and to mobilize all available resources to protect those unable to secure food for themselves—be they men, women, or children, whether alone or with others. This must align with the principles of the right to adequate food, including access to essential nutrition and the fundamental right to be free from hunger 7

Importantly, the legal guarantee of this right does not mean individuals are encouraged to depend on state-provided food. Rather, people generally prefer to feed themselves when given the opportunity, and the state’s duty is to create the conditions that enable self-sufficiency while supporting those in real need.

State obligations concerning the right to food are twofold:

An international (externa) obligation , as part of cooperation under treaties and international covenants.

A national (internal) obligation , reflected in domestic legislation and constitutional mandates.

According to Articles 7 and 10 of the Limburg Principles on the implementation of the ICESCR:

“States Parties shall at all times act in good faith in fulfilling their obligations under the Covenant.”

• Article 10 emphasizes that:

“States Parties are accountable to both the international community and their own people for compliance with the Covenant.”

Domestically, Article 17 of the ICESCR requires states to utilize all appropriate means—legislative, administrative, judicial, economic, social, and educational—to achieve the rights enshrined in the Covenant. Moreover, Article 18 mandates revising domestic laws that conflict with Covenant obligations.

Failure to fulfill the minimum core obligations constitutes a violation of the ICESCR. For instance, a country in which large numbers of people are deprived of essential food, primary healthcare, basic shelter, or elementary education, is considered non-compliant ⁸

The first concrete obligation is reporting , as required by Article 16 of Part IV of the Covenant. This reporting mechanism is designed to assist States in fulfilling their duties and provides the UN system with a framework to monitor compliance and progress in realizing economic, social, and cultural rights—especially the right to food ⁹.

Reporting thus serves as a vital monitoring tool. It ensures transparency and allows for the evaluation of government policies, showing whether actual efforts are made to fulfill the Covenant’s commitments10

States are also held publicly accountable through this mechanism—especially when misleading reports are submitted— while independent NGOs and UN agencies offer parallel reports 11

According to Article 2 of the ICESCR ¹²

, each State Party undertakes to:

“… take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption oflegislative measures.”

This means states are legally obligated to begin implementing all appropriate administrative, judicial, economic, political, and educational measures to ensure the enjoyment of all the rights listed in the Covenant—including the right to food.

udicial and Administrative Remedies in Enforcing the Right to Food

It is important to note that judicial remedies are not always mandatory. In many cases, administrative mechanisms are sufficient and more effective in realizing rights. This is particularly valid where administrative authorities have, in good faith, taken appropriate actions to fulfill their obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR) . Individuals retain the right to seek judicial redress when administrative measures fall short or violate the guaranteed rights, and such access must be free from discrimination ¹³

Under Article 11 of the Covenant, States are required to ensure that every person has the right to an adequate standard of living , including access to food, clothing, housing, and continuous improvement of living conditions. States must fulfill this obligation through three core duties¹⁴

• •    The duty to respect : refraining from enacting laws or policies that violate the right to food, including through discriminatory practices or misinformation.

• •    The duty to protect : taking necessary measures to prevent third parties from interfering with individuals’ access to food.

• •    The duty to fulfill : implementing policies and programs that enable the realization of the right to food, including

through national institutions and administrative frameworks.

These obligations can only be realized through effective domestic implementation of the Covenant.

Paragraph One: Implementation of the Covenant in National Legal Systems

15To implement the ICESCR at the national level, States must:

• •    Undertake the primary obligation to realize the rights recognized in the Covenant. The ICESCR provides flexibility in implementation, allowing for adjustments based on the legal and administrative structures of each State.

• •    Ensure the availability of effective remedies and accountability mechanisms for individuals or groups whose rights have been violated.

Apply the Covenant based on two foundational principles of international law:

• •    Article 27 of the Vienna Convention on the Law of Treaties , which prohibits invoking domestic law as a

justification for failing to implement treaty obligations.

• •    Article 2 of the Universal Declaration of Human Rights , which guarantees non-discrimination in rights

enforcement.

Paragraph Two: Legal Status of the Covenant in National Systems

The direct and immediate applicability of human rights norms in national legal systems is essential for individuals to claim their rights before courts and legal bodies . While the Covenant does not prescribe specific methods for implementation, it demands tangible outcomes aligned with the State’s full compliance.

Due to the flexibility of the Covenant, some States have:

• •    Incorporated it directly into domestic law;

  •

  
  

  •

  
  

  •

  
  

  Amended national laws to conform to the Covenant;

  Granted it constitutional supremacy, giving international treaties precedence over conflicting domestic laws.

  The effective enforcement of the ICESCR requires choosing the best methods for domestic implementation that produce immediate and meaningful results, particularly in the protection of human rights.

  
  
2.    Judicial Competence and Applicability

Paragraph Three: Legal Remedies and Enforcement Mechanisms16

States may adopt various remedies to enforce economic and social rights, depending on the legal tools and jurisdictional competence of national courts. Enforcement mechanisms include:

1.    Administrative and Judicial Mechanisms

Effective redress does not always require a judicial route. In many cases, administrative procedures —when conducted in good faith—are faster and sufficient to enforce rights. Administrative authorities must act reasonably, efficiently, and in line with the ICESCR, ensuring that procedures are timely and accessible.

However, when individuals or groups are unable to obtain their rights through administrative means, judicial remedies must be available . States should also establish special committees or complaint bodies to receive individual or collective claims concerning violations of Covenant rights ¹⁷

The ICESCR includes provisions that are immediately applicable , particularly Articles 3, 7, 8, 10, 13, and 15 . Courts can directly invoke these articles without further legislative action ¹⁸ .

Failure to recognize these rights as enforceable would contradict the principle of indivisibility and interdependence of human rights. Whether civil, political, economic, or collective (e.g., the right to development or self-determination), the denial of one right weakens the protection of others , especially for vulnerable and marginalized groups. Ensuring judicial enforcement is therefore an essential part of a State’s commitment to all categories of human rights .

Third: Direct Applicability (Self-Execution) of the Covenant

The International Covenant on Economic, Social and Cultural Rights (ICESCR) contains numerous precise and clearly articulated provisions, much like other core human rights treaties, which are deemed self-executing by many legal systems. As a result, courts are expected to determine whether treaty provisions can be directly enforced without requiring enabling legislation. This entails that national courts and judicial bodies assess the legal nature and legal effects of the Covenant and the role judicial remedies play in its implementation.

Consequently, many countries encourage the interpretation of domestic law in a manner consistent with their treaty obligations, either by incorporating the Covenant directly into domestic law or by using it as an interpretive tool. In some jurisdictions, courts have explicitly recognized the ICESCR as a source for interpreting national legal provisions.

The continued applicability of the Covenant is tied to the principle of the rule of law, which encompasses respect for international obligations related to human rights. Generally accepted legal doctrine mandates that domestic law be interpreted, wherever possible, in accordance with international legal commitments, particularly those designed to protect economic, social, and cultural rights without discrimination 19

Chapter II: Implementation of Economic, Social, and Cultural Rights in Algeria

Economic, social, and cultural rights form an integral part of the broader human rights framework. These rights ensure the essential conditions for a dignified and free life and encompass rights to work, social security, healthcare, education, food, water, housing, a healthy environment, and access to culture. Given that constitutions and domestic legal systems serve as the foundation for human rights protection, most modern states, including Algeria, have enshrined these rights within their constitutional frameworks.

Section One: Rights Enshrined in the 2020 Algerian Constitution

The 2020 Constitution of Algeria consolidated a comprehensive chapter of 44 articles devoted to fundamental rights and freedoms. These constitutional protections build upon earlier Algerian constitutions (1963, 1976, 1989, 1996), which recognized both civil and political as well as economic, social, and cultural rights20

Specifically, the 2020 Constitution reaffirmed Algeria’s commitment to international cooperation and the principles of the United Nations Charter, the Universal Declaration of Human Rights (1948), and the two 1966 Covenants, as highlighted in Article 33. This continues the tradition established by the 1989 Constitution, which formalized Algeria’ s acceptance of international human rights treaties, including the African Charter on Human and Peoples’ Rights (ratified in 1987).

The 1996 Constitution expanded these rights further in Articles 31 to 73, clearly specifying individual rights such as the right to work, education, property, and intellectual freedom. The 2016 constitutional amendment strengthened these protections by creating the National Council for Human Rights (NCHR) under Articles 198 and 199, tasked with monitoring, issuing alerts, and evaluating the state of human rights in Algeria 21

In Article 199, the Council is empowered to investigate and report on human rights violations, promote awareness, and advise the government on appropriate actions, publishing annual reports to the President, Parliament, and Prime Minister.22

Section Two: Legal Rights Reflected in Algerian Legislation

In addition to constitutional provisions, Algeria has embedded human rights principles within various legislative texts, including:

• •    Criminal Code

• •    Code of Criminal Procedure

• •   Family Code

• •    Nationality Law

• •   Labour Law

• •   Commercial Law

These laws serve to protect both individual rights and the interests of the State, ensuring that the broad guarantees of the Constitution and international human rights treaties are reflected in concrete, enforceable norms 23

First: The Penal Code

While punishment entails a reduction of individual rights, it simultaneously serves as a safeguard for freedoms and a mechanism to regulate behavior for the protection of both the individual and society. The relationship between criminal law and human rights is evident in several provisions of the Algerian Penal Code, including:24

• •    The right to self-defense or defense of others or property (Articles 39–40).

• •    The rightto protect individual liberties and to punish violators (Articles 107–111).

• •    Protection against abuse of power (Articles 135-137 bis).

• •    Protection of public officials from insult or assault in the performance of duties (Articles 144-149).

• •    Protection from murder and intentional violence (Articles 254-283).

• •    Protection of personal honor and private life (Articles 296-303).

• •    Protection of children and the elderly from neglect and endangerment (Articles 314-320).

• •    Protection of property from theft, extortion, and embezzlement (Articles 350-371).

• •    Legal protection of literary and artistic property (Articles 390-394).

• •    To ensure these rights, various punishments are codified based on the nature of the offense, ranging from capital punishment, life imprisonment, fixed-term imprisonment, to fines (Article 5 of the Penal Code).

Second: The Code of Criminal Procedure

The Code of Criminal Procedure outlines legal procedures for arrest, investigation, and trial, ensuring the protection of individual rights—even for the accused. It guarantees humane treatment during detention as per Article 60 of the Constitution and Articles 51, 51 bis 1 of the Code, which ensure family contact, visitation, and medical examination 25 Other articles ensure:

Protection during searches and investigation procedures (Articles 44–48),

Limits on search timings (Article 159),

Fair trial guarantees such as public hearings and the right to defense (Articles 113, 285, 495).

Notably, the Code does not explicitly enshrine the right to food in the same way as the rights to education, health, or housing. The only clear reference appears in the 2017 Annual Report of the National Human Rights Council, which interpreted Article 68 of the Constitution as implicitly addressing food security .26

However, Article 78 of the Algerian Family Code stipulates that:

“Maintenance includes food, clothing, healthcare, and housing or its equivalent, as well as other necessities based on local custom.”

Thus, the legislator incorporates food within the concept of legal maintenance, not as an independent right. Articles 74–80 of the Family Code address maintenance obligations, placing food alongside clothing and healthcare 27.

Failure to provide court-ordered maintenance is criminalized under Article 331 of the Penal Code, allowing the custodian (usually the mother) to file legal action against a negligent spouse28. The law obligates the continuation of maintenance for children until the age of legal majority, and beyond that in cases of disability or continued education29

Conclusion

The ability to control food access poses a profound and ongoing threat that requires the formulation of sustainable strategies. As emphasized by the International Covenant on Economic, Social and Cultural Rights (ICESCR)—especially during global food crises—food security must be ensured for all individuals at all times. This includes availability, accessibility, utilization, and sustainability. However, the current global food system is heavily influenced by multinational corporations that produce 80% of the world’s food supply, often reducing states’ autonomy.

True food sovereignty lies in developing independent agricultural strategies, centered on small-scale farmers, cooperatives, and public sectors. It relies on local production and traditional agricultural skills, not genetically modified seeds or proprietary technologies controlled by large agro-industrial firms. This model would reduce chemical risks and reinforce national health and sovereignty.

While Article 11 of the ICESCR establishes a clear legal definition of the right to adequate food, enforcement remains limited by global economic forces. States must enact legal, administrative, and judicial mechanisms to ensure this right, not only to guarantee social justice but also to preserve political stability. The fulfillment of the right to food is ultimately intertwined with the equitable use of natural resources and the exercise of national sovereignty.