Preventing Childhood Obesity - Evidence Policy and Practice.pdf

A human rights approach to childhood obesity prevention
grounded upon, moral values such as dignity, equality
and access to justice they are also guaranteed legally
and reinforced by international and national legal
obligations. 2 The Universal Declaration of Human
Rights ( UDHR ) ratified in 1948 is the foundation of
international human rights law, and was the first
global statement to recognize the inherent dignity and
equality of all human beings. 14 Subsequently, however,
in the context of Cold War tensions, human rights
became polarized into two separate categories as
States prepared to turn the provisions of the
Declaration into binding law. 2 The West claimed civil
and political rights were primary with economic and
social rights mere aspirations; the Eastern bloc argued
that civil and political rights were secondary to the
essential rights to food, health and education. 2 As a
result, in 1966 two separate treaties were formed — the
International Covenant on Economic, Social and
Cultural Rights (IESCR )15 and the International
Covenant on Civil and Political Right s ( ICCPR ). 16
Since then, human rights have been reiterated by
numerous international treaties, declarations and
resolutions that protect human rights to varying
degrees. 13
International human rights treaties, commonly
referred to as covenants or conventions, are legally
binding on States that ratify them while conversely,
human rights declarations are non - binding, although
many encompass principles that are consistent with
binding customary international law. 2,13 Traditionally,
human rights have focused on the relationship
between the State and individuals, with those States
that have ratified international human rights treaties
assuming obligations that are binding under international
law to effect the human rights outlined within
them. Additionally, some States have national laws
protecting some human rights; and some explicitly
protect human rights within their constitutions. 2,13
It is in this global context that the application
of a human rights approach to childhood obesity prevention
is gaining attention and is advocated as a
particular lens through which childhood obesity
prevention can be viewed. 5,17,18 Such an approach
is increasingly considered as having an important
contribution to make, although it is also acknowledged
that a rights approach is likely to be most
effective when utilized in combination with other
paradigms. 17
Human r ights d eclarations
a pplicable to c hildhood o besity
Within the array of human rights declarations, conventions
and resolutions three are of particular relevance
to the issue of childhood obesity: the UN
Convention on the Rights of the Child, 19 the right to
adequate food, 15 and the right to health. 20
UN Convention on the Rights of the Child
The Convention on the Rights of the Child 19 was
adopted and ratified by the United Nations in 1989
and is the first international instrument to incorporate
the full range of human rights — civil, cultural, economic,
political and social rights specifically in relation
to children. 21 It was developed in recognition of
a need for children to have a convention explicitly
acknowledging that they often need special care and
attention that adults do not, and was motivated by a
desire to increase international awareness that children
have human rights as well as adults. 21
The Convention on the Rights of the Child outlines
these rights in 54 articles and two Optional Protocols,
and identifies basic human rights for all children: the
right to survival; to develop to the fullest; to protection
from harmful influences, abuse and exploitation;
and to participate fully in family, cultural and social
life. Four core principles of the Convention on
the Rights of the Child are also identified: non -
discrimination; devotion to the best interests of the
child; the right to life, survival and development; and
respect for the views of the child. 19
Particular rights outlined in the Convention on the
Rights of the Child pertinent to childhood obesity
prevention are the right to develop to the fullest
and the right to protection from harmful influences,
abuse and exploitation. These can be considered
“ developmental rights ” where the underlying interest
is to protect children from circumstances injurious
to their well - being and ensure they are not exposed
to risks which they do not have the adult capacity to
appraise. 5 It has been argued that more effective
strategies for addressing childhood obesity can be
developed and enacted by articulating the issue as one
of children ’ s rights, not just of public health, and
that the articles of UNCROC provide a useful template
for coordinated interdisciplinary and strategic
action. 22
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