1. Camille Selleger / IBFAN-GIFA 2nd World Breastfeeding Conference
Keynote address 2: Protection, promotion and support of breastfeeding within a human rights framework
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 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 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 – 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 on child’s right to health (2013)
CRC General Comment No 15
on child’s right to health (2013)
Suboptimal BF practices causes of neonatal mortality
BF is an adequate food for infants and young children
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 on child’s right to health (2013)
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)
Regularly used as a reference by the CRC Committee in recommendations to countries with high mortality rates
Lack of BF is one of the main risk factors associated with the leading causes of death in children under 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 Final report – O. de Schutter (2014)
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 Interim report – H. Elver (2014)
SR on the Right to Food
Interim report – H. Elver (2014)
Full implementation the Global Strategy on IYCF
Position BF as the norm
Community-based food sovereignty approaches to complementary feeding
Further monitoring and regulation of the Code

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 human rights issue for both the child and the mother !
Urgent action to stop the misleading marketing of BMS by fully aligning with the Code and WHA resolutions
Use the WHO Guidance on ending inappropriate promotion of foods for infants and young children
Provide all the necessary BF support to mothers
Adequate maternity 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 woman always remains fully sovereign over her own body !
The only duty bearers of the obligations related to breastfeeding are States!
Ensure that all women benefit from an enabling environment for BF
Full access to clear and unbiased information on optimal BF practices and risks of artificial feeding
Adequate maternity protection incl. 6 months of maternity leave after delivery
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 enabling environment for breastfeeding
The International Code of Marketing of Breastmilk Substitutes:
Allows all people including mothers, fathers and relatives to base their choice on reliable information
Protects health workers from commercial pressures while carrying out their mandate

22. Thanks and contacts Website : www.gifa.org:
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