Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 239pecially for disadvantaged or marginalised groups. 955 States should giveparticular attention to those categories of people who have traditionallyencountered difficulties in the enjoyment of such right, including refugees,asylum-seekers and migrants. 956 All persons or groups who havebeen denied their right to water must have access to an effective judicialor other appropriate remedy which can provide reparation, includingrestitution, compensation, satisfaction and guarantees of non-repetition,in case of violation. 957The right to sanitation is fundamental to human dignity and privacy,and is linked to the right to safe water supplies and resources, as wellas to rights to health and housing. 958 It requires States to progressivelyextend safe sanitation services, taking into account the particular needsof women and children. 959b) The right to foodArticle 11.1 provides for the right to adequate food. Article 11.2 ICESCRrecognises “the fundamental right of everyone to be free from hunger”,960 which is a right of immediate effect. In accordance with thisright, a State is “obliged to ensure for everyone under its jurisdictionaccess to the minimum essential food which is sufficient, nutritionallyadequate and safe, to ensure their freedom from hunger.” 961The CESCR has recognised that the right to food is linked to the inherentdignity of the human person and indispensible for the fulfilment of otherhuman rights. 962 The African Commission too stressed that the right tofood “is inseparably linked to the dignity of human beings and is thereforeessential for the enjoyment and fulfilment of such other rights ashealth, education, work and political participation.” 963The right to adequate food is fully realised when “every man, womanand child, alone or in community with others, has physical and economicaccess at all times to adequate food or means for its procurement”. 964While some aspects of this right are likely to be realised only progressively,the obligation under Article 11.2 to ensure freedom from hungeris of immediate effect, being a core obligation of the right to food. The955 See, ibid., para. 37.956 See, ibid., para. 16.957 See, ibid., para. 55.958 See, ibid., para. 29.959 See, ibid., para. 29. See also, Article 14.2 CEDAW; Article 24.2 CRC.960 Article 11.2 ICESCR. See also Article 24.2(c) CRC; Article 28.1 CRPD.961 CESCR, General Comment No. 12, op. cit., fn. 148, para. 14.962 Ibid., para. 4.963 SERAC and CESR v. Nigeria, ACommHPR, op. cit., fn. 29, para. 65.964 CESCR, General comment No. 12, op. cit., fn. 148, para. 6.