Protecting Breastfeeding: A Human Rights Framework

1. Keynoteaddress 2:Protection, promotion and support of breastfeeding within a humanrightsframework Camille Selleger / IBFAN-GIFA 2nd World Breastfeeding Conference South Africa, December 2016

2. Unregulated marketing for breastmilk substitutes

3. Attempts to regulate corporations in the seventies UN Code of Conduct on TNCs International Code of Marketing of BMS Failed due to resistance of developed States Adopted in 1981 by the World Health Assembly

4. Important human rights milestones International Covenant on Economic, Social and Cultural Rights (CESCR) • Adopted in 1966 - entered into force in 1976 • First treaty to recognizes the right to health, the right to social security and the right to adequate food • 1999: CESCR Committee recognizes BF as adequate food for children and calls for regulation of BMS • 2008: CESCR Committee calls for maternity protection for all women

5. Important human rights milestones Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) • Adopted in 1979 - entered into force in 1981 • First treaty to mention lactation but weak instrument for BF protection • Treaty also remains silent on the need for States to promote and support BF, seen as a private matter • 1999: CEDAW Committee reiterates focus on safe motherhood without mentioning BF protection, promotion and support

6. Important human rights milestones CEDAW General Comment on Rural Women • Adopted in 2016 – constitutes a major breakthrough ! • Urges States to take specific measures to protect, promote and support BF: • Implementation and monitoring of the Code • Wide dissemination of information on BF • Measures to allow women to breastfeed during working hours • Childcare facilities and BF rooms, as well as counselling on childcare and BF, available for students

7. Important human rights milestones Convention on the Rights of the Child (CRC) • Adopted in 1989 – entered into force in 1990 • Art. 24 recognizes child’s right to the enjoyement of the highest attainable standard of health : • Take measures to diminish infant and child mortality • Combat disease and malnutrition through the provision of adequate nutritious foods • Ensure pre- and post-natal health care for mothers • All segments of society, in particular parents and children, are informed, have access to education on BF and are supported

8. Important human rights milestones Convention on the Rights of the Child (CRC) • A strong basis for BF advocates • IBFAN started submitting alternative reports on the status of IYCF in countries to the CRC Committee • IBFAN recommendations on BF protection, promotion and support often followed by the CRC Committee • IBFAN also took part in a number of consultation processes, including the drafting processes of the CRC General Comment No 15 and the CRC General Comment No 16

9. Important human rights milestones CRC General Comment No 15 on child’s right to health (2013) • Suboptimal BF practices causes of neonatalmortality • BF is an adequatefood for infants and youngchildren • Global Strategy on IYCF: • States have the obligations to Protect, Promote and Support BF ! • Implementation and enforcement of the Code • Strengthening of maternity protection (incl. ILO C183)

10. Important human rights milestones CRC General Comment No 15 on child’s right to health (2013) • Adopt the Baby-Friendly Hospital Initiative • All business enterprises have an obligation of due diligence with respect to human rights • Baby food companies should comply with the Code and the relevant subsequent WHA resolutions in all contexts: • No matter the circumstances, companies should always comply with the Code in its entirety!

11. Important human rights milestones CRC General Comment No 16 on the impact of business sector on children’s rights (2013) • Workplace policies that support BF, incl. parental leave • Implement and enforcement of the Code and relevant subsequent WHA resolutions • Principle of extraterritoriality : States have child’s rights obligations beyond their territorial boundaries • States must ensure that baby food companies domiciled in their territory are held accountable for their Code violations abroad !

12. Important human rights milestones OHCHR Technical guidance on child mortality and morbidity (2014) • Regularlyused as a reference by the CRC Committee in recommendations to countries withhighmortality rates • Lack of BF is one of the main riskfactorsassociatedwith the leading causes of death in childrenunder 5 • Regulation of producers and marketers of BMS and accountability system if violations occur (incl. Code implementation and monitoring) • Importance of supporting BF in the workplace

13. Important human rights milestones SR on the Right to Health Report on health in early childhood (2014) • Recall of WHO recommendations on BF • BF is one of the most effective interventions in reducing child mortality and morbidity • Mothers should benefit from an enabling and supportive environment to BF their children: • Maternity protection • Implementation and enforcement of the Code

14. Important human rights milestones SR on the Right to Food Final report – O. de Schutter (2014) • States should implement and enforce the Code • Private companies should fully comply with the Code, even where local enforcement is weak or non-existent

15. Important human rights milestones SR on the Right to Food Interim report – H. Elver (2014) • Full implementation the Global Strategy on IYCF • Position BF as the norm • Community-basedfoodsovereigntyapproaches to complementaryfeeding • Further monitoring and regulation of theCode

16. Important human rights milestones SR on the Right to Food Interim report on nutrition – H. Elver (2016) • Many businesses involved in fortified products are the same multinationals violating the Code • Responsibility for private companies to comply with the Code and relevant WHA resolutions • All States to incorporate the Code in its entirety into their legal systems and ensure adequate monitoring • Human Rights Council to endorse the WHO Guidance on ending the inappropriate promotion of foods for infants and young children

17. Important human rights milestones Joint statement on breastfeeding by UN experts (November 2016) • BF is a humanrights issue for both the child and the mother ! • Urgent action to stop the misleading marketing of BMS by fullyaligningwith the Code and WHA resolutions • Use the WHO Guidance on endinginappropriate promotion of foods for infants and youngchildren • Provide all the necessary BF support to mothers • Adequatematernity protection in the workplace

18. Breasfeeding, a human right • Protection, Promotion and Support of BF constitute a human right : • For all infants and young children • For all women • For all parents and families • For all communities • For the society in general

19. Breasfeeding, a human right • All human beings would benefit from the implementation of BF enabling environments ! • Human development • Public health • Public finances • Protective effect on the environment Breastfeeding is good for the planet!

20. Breasfeeding, an obligation for States, not for mothers! • A womanalwaysremainsfullysovereign over herown body ! • The onlydutybearers of the obligations related to breastfeeding are States! • Ensurethat all womenbenefitfrom an enablingenvironment for BF • Full access to clear and unbiased information on optimal BF practices and risks of artificialfeeding • Adequatematernity protection incl. 6 months of maternityleaveafterdelivery • Paid BF breaks for the whole duration of BF • Access to professional, appropriate counseling and support structures for BF mothers

21. The Code, cornerstone of an enablingenvironment for breastfeeding • The International Code of Marketing of Breastmilk Substitutes: • Allows all people includingmothers, fathers and relatives to base theirchoice on reliable information • Protectshealthworkersfrom commercial pressures whilecarrying out their mandate

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