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By Bart F. W. Wernaart

Whereas the ideal to enough nutrients is usually mentioned within the context of constructing international locations, particularly in occasions the place entry to sufficient foodstuff is an issue on a bigger scale, this booklet focusses at the correct to foodstuff in Western nations during which theoretically the situations permit this correct to be loved by way of every one person. via a criminal comparative examine, the enforceability of definitely the right to nutrients is in comparison among the Netherlands and Belgium in mild of the present UN Human Rights procedure. There looks a distinction among what the nations do, what they are saying they do, and what they need to do at the subject. because it seems, the coincidental constitutional situations almost always make certain the enforceability of the correct to nutrients, instead of the content material of the human correct in itself. This e-book features a thorough research of compatible comparative criminal technique and the embedment of the correct to nutrition within the UN human correct process. in addition, for either international locations, an in-depth research of the case legislations at the correct to meals (mostly about the prestige of foreigners), the constitutional context within which the Judiciary operates, and the suitable UN studies and next techniques are defined. eventually, innovations are made to either nations and the suitable UN Committees.

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44 The enforceability of the human right to adequate food Methods that problem in the Netherlands and Belgium (the Legislature and the Government), and the tertium comparationis (the right to food in the UN human rights system): What legal factors explain the differences and similarities regarding the response of the Dutch and Belgium Judiciary and Government to the enforceability of the right to adequate food in view of the UN human rights system? To answer this question, three sub-questions need to be answered: 1.

52 However, the method is increasingly contested amongst comparists, with a variety of credible arguments, but – unfortunately – without replacing it with one or more coherent methodological alternatives. I cannot do justice to all the creative work in which this method is respectfully criticised without having to write my own handbook on legal comparison. Here, I will concentrate on four common points of criticism on the functional method, as voiced by different authors. Firstly, the question can be raised whether it is a good idea to separate the functionally equivalent legal construction from its national background.

56 Secondly, the abstraction of legal concepts that results from translating them into merely functionally equivalent solutions to the same problem can be considered to be an unanalysed assumption rather than a given fact,57 and could lead to an oversimplified (or even vague) impression of the compared legal construction. This approach may lack the concreteness necessary to be of use in scientific research. Also, the approach may easily ignore that it is not necessarily so that all societies choose to use law as a solution to a social problem, or even may have chosen a legal response that has no practical use in that society.

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