Objective: To demonstrate that the effectiveness of the right to food is strictly dependent on the adoption of appropriate public policies, capable of guaranteeing conditions of transparency and information, and granting individuals and groups the possibility to participate in the taking of decisions. Next, the focus is on the role played by the courts to address the issue of legal consideration of this right. Methodology: The study methodology included the analysis of jurisprudence on the right to food, as well as the constitutional recognition of the right to food. Likewise, the position of the courts and the political aspect of the right to food were challenged. Results: It has often been discovered that people are not even aware of the possibility of using litigation as a tool to promote the realization of the right to food. As well as the lack of knowledge on the part of politicians to implement public policies to realize this essential right to food. Contributions: The main contribution lies in realizing that it is not at stake or in the recognition of this right by the courts. While it is true that the role of the courts is essential because it facilitates the creation of a cultural climate sensitive to human rights, it is also true that the implementation of rights through jurisprudence means that the problem of access to justice is resolved.
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