Constitutional provision in minimizing child and maternal malnutrition in Nigeria

By Samaila A. Mohammed 

According to the Unicef, “ Nigeria has the second highest burden of stunted children in the world, with a national prevalence rate of 32 percent of children under five. An estimated 2 million children in Nigeria suffer from severe acute malnutrition (SAM), but only two out of every 10 children affected is currently reached with treatment. Seven percent of women of childbearing age also suffer from acute malnutrition.”

This situation is unacceptable and calls for urgent action to reverse this ugly trend. It is in light of this that the Nigerian President assented to the constitutional alteration that explicitly provided for a Right to Food provision in its constitution.

In the Fifth Alteration (No.34), the Bill sought to alter the Constitution of the Federal Republic of Nigeria, 1999 to require the Government to direct its policy towards ensuring the right to food and food security in Nigeria; and for related matters

By enacting the Right to Food constitutional provision, Nigeria has now joined a distinguished comity of 9 nations that have taken this extraordinary step to raise the dignity of its citizens by including Right to Food as a stand-alone provision in its Constitution.

How can this newly enacted constitutional provision assist the country to reduce the prevalence of malnutrition among its children and mothers?

The right to food provision in Nigeria’s constitution can be a powerful tool in addressing malnutrition among children and women in the country.

Here are some ways in which this provision can assist Nigeria in reducing malnutrition:

Ensuring Adequate Food Supply: The provision can ensure that the government is obligated to provide adequate food to its citizens, especially to less-resourced women and vulnerable children. This can be achieved through various measures such as food subsidies, food aid programs, and agricultural policies that promote food security;
Promoting Good Nutrition: The provision can also require the government to promote good nutrition among the population, particularly among children and women. This can be done through education and awareness campaigns that highlight the importance of good nutrition, as well as the provision of nutritional supplements to those who need them;

Strengthening Health Care Systems: The right to food provision can also require the government to strengthen the healthcare systems in the country to better address malnutrition. This can include increasing access to healthcare facilities, training healthcare workers to identify and treat malnutrition, and providing essential medicines and therapeutic foods to those in need;

Monitoring and Accountability: The provision can also establish mechanisms for monitoring and accountability to ensure that the government is fulfilling its obligations under the Right to Food provision. This can include setting up independent bodies to monitor food security and nutrition, as well as ensuring that the government is transparent about its efforts to address malnutrition.

Some court cases in which similar Right to Food constitutional provision was successfully litigated

Court cases in which the constitutional provision of Right to Food was successfully litigated in different jurisdictions

India: In 2001, the Indian Supreme Court, in the case of People’s Union for Civil Liberties v. Union of India & Others, recognized the right to food as a fundamental right under the Indian Constitution. The court directed the igovernment to implement various food security schemes to ensure that no person would go hungry;
South Africa: In 2002, in the case of Government of the Republic of South Africa and Others v. Grootboom and Others, the South African Constitutional Court recognized the right to adequate housing, which includes the right to food. The court ordered the government to implement a program to provide temporary shelter and other basic necessities to people who were homeless or inadequately housed;
Brazil: In 2010, the Brazilian Supreme Court in the case of Action for Declaratory Relief recognized the right to food as a fundamental right under the Brazilian Constitution. The court ordered the government to implement policies to address hunger and malnutrition, including the creation of a national program to promote food security;
Canada: In 2018, the Ontario Superior Court of Justice in the case of The Haldimand-Norfolk Health Unit v. Canada (Attorney General), recognized the right to food as a fundamental right under the Canadian Charter of Rights and Freedoms. The court held that the government had an obligation to ensure that all Canadians had access to adequate food, and ordered the government to implement policies to address food insecurity;

Colombia: In 2016, the Constitutional Court of Colombia ruled in the case of T-614/16 that the government had violated the right to food of indigenous communities in La Guajira, who were suffering from severe malnutrition due to a lack of access to water and food. The court ordered the government to implement measures to address the food and water crisis in the region;
Ecuador: In 2008, the Constitutional Court of Ecuador ruled in the case of the Kichwa people of Sarayaku that the government had violated their right to food by allowing oil exploration on their land without their consent. The court ordered the government to consult with the Kichwa people and to take measures to address the damage caused by the oil exploration;

Venezuela: In 2015, the Supreme Court of Venezuela ruled in the case of M.G.R. v. Venezuela that the government had violated the right to food of a woman who had been denied access to food due to political unrest in the country. The court ordered the government to provide the woman with food and to take measures to address the food crisis in the country;

Peru: In 2006, the Constitutional Court of Peru ruled in the case of the Shipibo-Konibo people that the government had violated their right to food by allowing logging and mining on their land without their consent. The court ordered the government to consult with the Shipibo-Konibo people and to take measures to protect their land and their right to food;

These are just a few examples of cases in which the right to food has been successfully litigated in different jurisdictions. This suggests that the success of similar litigation in Nigeria would most likely be successful and lead to improvement in the citizens welfare.

In each case, the courts recognized the importance of the right to food and ordered the government to take action to ensure that this right was protected.

Right to Food legislation can serve as a useful instrument of public policy in a developing country like Nigeria

Legislation, which refers to the process of making and enacting laws, can serve as a useful instrument of public policy in a developing country like Nigeria in several ways:
Providing a framework for governance: Legislation creates a framework for governance by defining the roles, responsibilities, and limitations of government officials and institutions. In Nigeria, for instance, the constitution serves as the supreme law of the land and provides a framework for governance at all levels of government.
Promoting social and economic development: Legislation can be used to promote social and economic development by creating policies that encourage investment, entrepreneurship, and innovation. For instance, the Nigerian government has enacted several laws and policies aimed at promoting economic growth and reducing poverty, such as the National Industrial Revolution Plan and the Agricultural Transformation Agenda.
Ensuring public safety and security: Legislation can also be used to ensure public safety and security by creating laws that regulate the behavior of individuals and organizations. For instance, in Nigeria, there are laws that prohibit activities such as terrorism, kidnapping, and armed robbery, which threaten public safety and security.
Protecting human rights: Legislation can be used to protect the human rights of citizens by creating laws that prohibit discrimination, promote equality, and guarantee fundamental freedoms. For instance, the Nigerian Constitution guarantees the right to life, freedom of expression, and freedom of religion.

Enhancing accountability and transparency: Legislation can also enhance accountability and transparency in government by creating laws that require public officials to disclose their assets, and by establishing mechanisms for public oversight and scrutiny. In Nigeria, the Freedom of Information Act, 2011, provides citizens with the right to access information held by public institutions.

In conclusion, the Right to Food legislation can serve as a useful instrument of public policy in a developing country like Nigeria by providing a framework for governance, promoting social and economic development, ensuring public safety and security, protecting human rights, and enhancing accountability and transparency.

Specific role of legislation in public policy especially in a situation of endemic child and maternal malnutrition and the role such legislation can play to minimize this endemic

Endemic child and maternal malnutrition is a complex issue that requires a comprehensive approach involving multiple sectors, including health, education, agriculture, and social protection.

Legislation can play a critical role in facilitating this approach and ensuring that interventions are implemented effectively. Here are some specific ways in which legislation can help minimize endemic child and maternal malnutrition:

Enabling legal frameworks: Legislation can provide the legal frameworks necessary for implementing effective interventions to address child and maternal malnutrition. For instance, laws can be enacted to ensure the availability and accessibility of nutritious food, including breastfeeding support, school feeding programs, and food fortification programs.

Regulating food marketing and advertising: Legislation can regulate food marketing and advertising to ensure that unhealthy foods are not aggressively marketed to children, and that advertising is transparent and accurate. This can help reduce the demand for unhealthy food and promote the consumption of nutritious foods.
Strengthening health systems: Legislation can be used to strengthen health systems by providing the legal framework for implementing interventions such as routine screening and treatment for malnutrition, providing vitamin and mineral supplements, and establishing referral systems for severe cases.

Protecting breastfeeding: Legislation can protect breastfeeding by establishing legal protections for breastfeeding mothers, such as the right to breastfeed in public, and by regulating the marketing of breastmilk substitutes.
Promoting education and awareness: Legislation can promote education and awareness on the importance of proper nutrition during pregnancy and early childhood through initiatives such as public awareness campaigns, nutrition education in schools, and community-based education programs.

In summary, Right to a Food constitutional legislation can play a vital role in addressing endemic child and maternal malnutrition by enabling legal frameworks for effective interventions, regulating food marketing and advertising, strengthening health systems, protecting breastfeeding, and promoting education and awareness.

By taking a comprehensive approach and using legislation to facilitate effective interventions, we can work towards minimizing endemic malnutrition and improving the health and well-being of mothers and children in developing countries like Nigeria.