State Obligations in the Context of Unhealthy Diets: Paving the Way Within the Inter-American Human Rights System

Abstract

Noncommunicable diseases (NCDs) are the leading cause of morbidity, mortality, and disability in the Americas. NCDs are largely preventable because of the modifiable nature of their risk factors, including the elevated consumption of processed and ultra-processed products that can be traced to the recurrent practices of the food and beverage industry. This article explores diet-related risk factors to NCDs as a human rights issue that can and should be addressed within the Inter-American Human Rights System (IAHRS). In particular, we argue that States can potentially be held responsible for their failure to comply with the obligation to guarantee human rights; specifically, by not acting with due diligence through the regulation of the food and beverage industry. Moreover, we argue that States can also potentially be held responsible for failing to comply with the obligation to respect human rights, considering its complicity with the food and beverage industry.