ENVIRONMENT AND HUMAN RIGHTS DURING ARMED CONFLICT: NORMATIVE AND LEGAL FRAMEWORK

Protection of Right to Food and Environment in Times of Armed Conflict

by Hilal Elver*

The following is the keynote address given by Hilal Elver to the Geneva Academy on June 8, 2022. Footnotes at end of article.

Internal and international armed conflicts are one of the major reasons for increased food insecurity and malnutrition. Despite well-established norms of international human rights law and international humanitarian law protecting the right to food, hunger and  malnutrition, as well as famine has skyrocketed in last few years. There is a shocking failure in addressing criminal acts of deliberate starvation and other severe violations of a fundamental human right: the “right to food.” This non-compliance by States and other political actors as well as the reluctance to implement existing international norms to protect human rights and the environment in times of war is a critical failure of international community.

Most recently, the war in Ukraine has elevated catastrophic hunger and malnutrition levels to the top of the global agenda. The war has raised awareness of ongoing widespread hunger and malnutrition even beyond Ukraine, as the parties to the conflict are the major players of global agricultural trade.

Article 11 of the International Covenant on Economic Social and Cultural Rights specifically recognizes “the fundamental right of everyone to be from hunger,” which further imposes an obligation on States to ensure “the satisfaction of, at the very least, the minimum essential level” of this right under all circumstances, including the times of war. Freedom from hunger is accepted as part of customary international law, rendering it binding for all states regardless of whether they are party to the Covenant. States cannot put aside or postpone the realization of this core component of the body of economic and social rights. According to their international legal obligations, States must continue to take deliberate and targeted steps using all appropriate means to fulfill these rights, even in times of conflict.  Yet, 60% of the people suffering from hunger and malnutrition globally live in conflict-ridden places, mostly in the Middle East and Africa.

Continue reading “ENVIRONMENT AND HUMAN RIGHTS DURING ARMED CONFLICT: NORMATIVE AND LEGAL FRAMEWORK”

Addressing Student Food Insecurity with a SNAP

by Kyle Winterboer*

As students return to in-person school, it is an important time to revisit the issue of food insecurity across America’s educational system. Particularly in Higher Education, recent studies suggest student food insecurity levels had reached as high as 38% in Spring 2020 and 5.8 of every 10 students experienced some form of basic needs insecurity. These rates have dramatically increased throughout the duration of the pandemic because students sent home for lock-down no longer had access to the already limited forms of support available in person on campuses.

A common tool used to fight food insecurity is the Supplemental Nutrition Assistance Program (SNAP). Despite its successes in reducing hunger and the economic benefits the program introduces to stimulate local economies, SNAP has many limitations and needs reform to better address food insecurity. One such limitation is that policy makers have long denied students access to SNAP. While the past decade has brought some expansions to grant students access, significant barriers remain. Barriers include restrictive student eligibility criteria and mixed messaging that leaves students misinformed of their eligibility. This policy failure leaves students hungry, many of whom would otherwise be eligible for aid if they were not pursuing higher education.

To show the real human impacts of these policy failings, journalist Alejandra Salgado details student stories in an article that appeared in CalMatters and was shared by Civil Eats: Colleges Rush to Sign Students Up for Food Aid, as Pandemic Rules Make More Eligible | Civil Eats

To provide additional context to the policies described in Salgado’s reporting, the below contains insights from Resnick Center Research Assistant Kyle Winterboer in this policy area. This research comes from his time with the student led research advocacy group “unBox”, the assistance of the UCLA CalFresh Initiative, his own application process amidst the pandemic, and from his time implementing a little known policy solution across UCLA departments to better support students in their SNAP applications.

The Resnick Center thanks the unBox Project and the UCLA CalFresh Initiative for readily sharing information for this report, and their continued dedication to the mission of ensuring equitable access to food for all.

Continue reading “Addressing Student Food Insecurity with a SNAP”

Op-ed: How to Feed America Better Post-Covid

By Veronica Goodman*

When teachers locked up their classrooms last March, few thought that a year later schools would still be shuttered and that millions of children would lack access to essential services, such as meals, and that millions of jobs would be lost, leaving many individuals and families struggling to put food on the table. America’s hunger crisis is now so acute that a recent analysis found that the number of children not getting enough to eat was ten times higher during the pandemic, while nearly 1 in 6 adults – or close to 24 million Americans – reported that their households did not have enough to eat sometimes or often in the past seven days.  

The sharp rise of hunger during the pandemic is yet another woeful legacy of the Trump administration’s mishandling of the Covid crisis, including trying to deny access to food relief by placing unnecessary bureaucratic barriers on states and even attempting to kick nearly 700,000 unemployed people off of food assistance in the midst of a once-in-a-century public health crisis. President Biden has thankfully made quick progress to address the hunger crisis through executive action and proposed legislation, but there is more work to be done to make our federal anti-hunger policy more resilient going forward for the next crisis, and to address the structural barriers to food affordability and access.

In his first week in office, President Biden signed an executive order that will help alleviate the hunger crisis by increasing benefits of the Pandemic-EBT program (P-EBT) and the Supplemental Nutrition Assistance Program (SNAP), as well as calling for the Agriculture Department to modernize the Thrifty Food Plan to better reflect the cost of a market basket of foods upon which SNAP benefits are based. Biden’s American Rescue Plan will also significantly bolster food assistance programs around the country. Collectively, these changes should make food aid more generous and better targeted.

However, many anti-hunger innovations were born of necessity during the pandemic, and these should serve as lessons learned going forward to better prepare for a future crisis. The P-EBT program has been a success at bridging the gap in nutrition for low-income children who used to obtain meals through programs at their schools, but who could no longer do so with schools closed. This program should be studied to see if it can be converted to a Summer EBT option going forward. Furthermore, to stay ahead of a future crisis, researchers at the Center on Budget and Policy Priorities have suggested that Congress “leverage the P-EBT structure to create a permanent authorization for states to issue replacement benefits (similar to P-EBT, and perhaps renamed “emergency-” or E-EBT) in case of lengthy school or child care closures resulting from a future public health emergency or natural disaster.” This would make it easier for states to act quickly and not rely on Congressional action should schools need to close in the future. Finally, Rep. Suzanne Bonamici has introduced a bill that would more effectively allow schools to distribute free meals to students and other community members in need, and to extend meal service for afterschool meals and snack programs. These measures would make our systems nimbler and more responsive should a future disruption, national or local, occur.

America’s hunger crisis did not start with the pandemic, and policymakers should go further to address three key underlying causes and structural barriers to food access and affordability. First, the White House should focus on stricter antitrust enforcement in the food industry. The U.S. food and agriculture industry is concentrated, with a few large firms dominating many markets, which can drive up consumer prices on basic nutrition staples. Second, Congress should enact the HOPE Act, introduced by Reps. Joe Morelle and Jim McGovern and Senator Kirsten Gillibrand (D-NY) which would create online accounts that enable low-income families to apply once for all social programs they qualify for, rather than forcing them to run a bureaucratic gauntlet that makes it difficult for low-income Americans to get public assistance. Third, Congress should take up legislation, such as the bipartisan Healthy Food Access for All Americans (HFAAA) Act put forth by Sens. Mark R. Warner, Jerry Moran, Bob Casey, Shelley Moore Capito, that incentivizes food providers to set up shop in rural and hard-to-reach communities to improve food access for the estimated 40 million Americans living in “food deserts” that lack a nearby grocery store or food pantry or bank.

Food insecurity is not just a moral issue, it also has economic and social costs. Adults who go hungry are less productive and are more likely to suffer from chronic illness. Hungry children are more likely to get sick and fall behind in school. One in five Black and Hispanic households report they are unable to afford food. Poor nutrition and soaring rates of metabolic disease are a drag on the economy and contribute to rising healthcare costs and early deaths in minority and low-income families that are disproportionately more likely to experience poor nutrition and health as a result of food insecurity. And a boost in food assistance programs has even been found to speed economy recovery during a downturn and serve as an “automatic stabilizer”, an added bonus of fighting hunger during the Covid recession.

It’s time for a new national commitment to wiping out hunger and malnutrition in America. The pandemic and the associated hunger crisis have taught us valuable lessons that we should use so that we can be better prepared to face a future crisis and to curb hunger in America.

*Veronica Goodman is the Director of Social Policy at the Progressive Policy Institute. In her role, she develops and analyzes policies designed to help lift more Americans out of poverty and to strengthen the middle class, focusing on social mobility, inequality, labor, and modernizing social services. Veronica earned graduate degrees in economics and public management from Johns Hopkins University, and her undergraduate degree from The George Washington University.

You can find Goodman’s full paper on a comprehensive federal approach to the hunger crisis here.

Guide to Food-Based Pro Bono Activities

by Diana Winters

The Resnick Center is excited to share the publication of “Setting the Table for Food-Based Pro Bono Opportunities: A Resource Guide for Pro Bono Attorneys,” authored by Tommy Tobin, a member of the Resnick Center’s Advisory Board, and MAZON: A Jewish Response to Hunger. The guide is designed to facilitate connections between attorneys seeking meaningful pro bono work and anti-hunger organizations.

The Covid-19 pandemic has exacerbated food insecurity in the United States, and the amount of resources needed to address the crisis is staggering. Attorneys seeking pro bono work can assist with direct client services, legislative research, and policy advocacy, among other things. This guide seeks to describe these opportunities and to assist in forming these partnerships.

We are grateful to Tommy Tobin, Mazon, and Perkins Coie LLP for their work on and support of the guide. The guide will be updated periodically.

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