The feeding Human Right is recognized since the Universal Declaration of Human Rights, which states in its 25th article that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food…”. It has also been established, as goal 12.3 of the 12th Sustainable Development of the 2030 Agenda, to reduce by half the waste of food in the retail sale and reduce the loss and supply in the food production chains. This is not a simple ethics issue, but of human rights. During the last years there had been regulations in different European and Latin American countries in order to solve the food loss and waste (FLW) problem. As stated in the good Samaritan laws that releases the responsibility of the good faith of donors; or the laws that set the donations to food Banks of the surplus products in good conditions to be consumed; also, tax provisions that motivate donations instead of food destruction. Mexico, even though recognizes the feeding human right in Its Constitution, it doesn’t have a federal regulation on FLW. But in the last years some States and Mexico City promulgated local laws in this subject. They are endorsed to the aliment contribution to food banks donations. Our purpose is to analyze the existing legislation with a proposal to avoid the FLW in a broader way which may not be endorsed to a charity vision, but to influence in the different fields where FLW is produced. A comparative law method will be used as well as the progressiveness principle. Our propose is to guarantee in a more appropriate way the human right to feeding.

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New Regulations Abroad to Minimize Food Loss and Waste

  • Carlos Ernesto Arcudia-Hernández,
  • José Manuel Magaña-Rufino

摘要

The feeding Human Right is recognized since the Universal Declaration of Human Rights, which states in its 25th article that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food…”. It has also been established, as goal 12.3 of the 12th Sustainable Development of the 2030 Agenda, to reduce by half the waste of food in the retail sale and reduce the loss and supply in the food production chains. This is not a simple ethics issue, but of human rights. During the last years there had been regulations in different European and Latin American countries in order to solve the food loss and waste (FLW) problem. As stated in the good Samaritan laws that releases the responsibility of the good faith of donors; or the laws that set the donations to food Banks of the surplus products in good conditions to be consumed; also, tax provisions that motivate donations instead of food destruction. Mexico, even though recognizes the feeding human right in Its Constitution, it doesn’t have a federal regulation on FLW. But in the last years some States and Mexico City promulgated local laws in this subject. They are endorsed to the aliment contribution to food banks donations. Our purpose is to analyze the existing legislation with a proposal to avoid the FLW in a broader way which may not be endorsed to a charity vision, but to influence in the different fields where FLW is produced. A comparative law method will be used as well as the progressiveness principle. Our propose is to guarantee in a more appropriate way the human right to feeding.