The potential of a human rights approach for accelerating the implementation of comprehensive restrictions on the marketing of unhealthy foods and non-alcoholic beverages to children

Abstract

Overweight and obesity in children is rising at the global level, particularly in low- and middle-income countries. Among the causes for this increase is the marketing of unhealthy food and beverage products, which affects children's food preferences, purchasing requests and consumption patterns. The need to address harmful marketing to children has been recognized at the World Health Organization, with Member States having agreed in 2010 to implement a set of recommendations to restrict such practices. Concurrently, there is an increasing understanding of unhealthy food and malnutrition as human rights concerns. This paper explores the potential of existing legally and non-legally binding human rights instruments for accelerating the implementation of comprehensive restrictions to reduce harmful marketing of unhealthy foods and beverages to children. Four relevant themes were identified in existing human rights instruments: (i) the best interest of the child should be considered above all other interests; (ii) the rights to health and adequate food cannot be realized without supportive healthy environments; (iii) children should be protected from economic exploitation; and (iv) the persuasive marketing of unhealthy food and beverage products is explicitly recognized as a threat to the rights to food and health. In conclusion, existing human rights instruments could be harnessed to advance public health measures to restrict the marketing of unhealthy food and beverage products to children. Policy-makers and advocates should draw from these instruments and refer to State's obligations within international and domestic human rights law to strengthen their efforts to restrict harmful marketing practices to children.

Identifying a human rights–based approach to obesity for States and civil society

“…The roles of States and civil society are distinct but related: States have legal obligations to comply with international human rights law, whereas civil society is a partner in realizing human rights, and can advocate for State action to meet these obligations. A key role of civil society is holding governments to account …”

“…Scholars have identified how the rights of children under international law may be affected by food marketing, and the implications for States . There have also been calls for new international treaties on healthy diets and obesity, global health, and alcohol . In 2018, the United Nations circulated the first draft of a treaty on business and human rights, with implications for transnational tobacco, alcohol, food, and beverage corporations…”

“…Human rights have a high position in the hierarchy of norms—politically, ethically, and legally. The description of state obligations is also a powerful tool for civil society organizations to hold States accountable for their actions, even more so when children are involved …”

“…A key role of civil society is holding governments to account. 79,80 Although the right to health and other health-related rights found in international human rights treaties were not specifically created with obesity in mind, the principles that have emerged from authoritative interpretations of these rights provide helpful guidance in considering the application of human rights to new health challenges. 81 More recent legally binding standards, as well as non-binding, normative standards adopted by bodies such as the World Health Assembly, may also inform understanding of the content of human rights.…”

“…81,89 There have also been calls for new international treaties on healthy diets and obesity, global health, and alcohol. 79,[90][91][92] In 2018, the United Nations circulated the first draft of a treaty on business and human rights, with implications for transnational tobacco, alcohol, food, and beverage corporations. 93,94 In 1996, an expert committee convened by UNAIDS and the United Nations Office of the High Commissioner for Human Rights examined the application of international human rights law to HIV and AIDS and drafted guidance for States on steps to be taken to meet their legal obligation to respond to the HIV pandemic.…”