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Young and Hungry

School Meal Polices and Children’s Right to Food in the UK and Ireland

In: The International Journal of Children's Rights
Author:
Katie Morris PhD Candidate, Department of Law, Durham University, Durham, UK

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Abstract

This article evaluates school meal policies in the UK and Ireland as a means to ensure the fulfilment of children’s right to food, as protected under international law. It adopts a comparative approach, assessing the varying strategies adopted across the two jurisdictions and their challenges. Whilst new developments, including the recent expansion of both hot meal provision in Ireland and universal free school meals in Wales and Scotland, are welcomed, the article argues that school meal policies across the UK and Ireland need to be radically rehauled if they are to make any headway in the realisation of children’s right to food.

1 Introduction

The potential benefits of the provision of free lunches within educational institutions are manifold, including a discernible improvement in attendance rates and students’ concentration which may enhance performance within the classroom and beyond (Belot, M. and James, J., 2011; Kitchen et al., 2012; Holford and Rabe, 2020, 2022). The school setting has the chance to offer a safe and nurturing environment where all children can enjoy healthy foods, free from financial constraints (Borkowski et al., 2021). Indeed, the disruption to the delivery of school meals precipitated by the covid-19 pandemic has drawn attention to the critical role schools can play in ensuring children’s nutritional needs are fulfilled.

This article will examine school meal policies in the United Kingdom (UK) and Ireland, evaluating their effectiveness as a means to ensure the fulfilment of children’s right to food as protected within the International Covenant on Economic, Social and Cultural Rights (icescr) and the United Nations Convention on the Rights of the Child (crc) (United Nations, 1989), of which both states are party to. It will focus on the state obligations to: provide food for families who cannot feed their children themselves (United Nations, 1989; United Nations Committee on Economic, Social and Cultural Rights (cescr), 1999); ensure children have access to food that is of a sufficient nutritional quality to meet their developmental needs (United Nations, 1989; cescr, 1999; Office of the United Nations High Commissioner for Human Rights (ohchr) 2010); and remove any obstacles to the enjoyment of the right on the basis of the child’s socioeconomic background via the treaties’ catch-all category of ‘other status’ (United Nations, 1966: 5; United Nations, 1989: 2; cescr, 2009: 8, 11).

It will adopt a comparative approach, assessing the varying strategies implemented across the UK and Ireland and against the aforementioned duties of the devolved administrations pertaining to children’s right to food under international law. Beyond their geographical proximity, these two jurisdictions share a strong relationship between social welfare and household food security which is befitting for this comparative exercise (Dowler and O’Connor, 2012). The article utilises food insecurity, a ‘condition that occurs when individuals and households do not have regular access to a supply of healthy and nutritious foods to meet their dietary needs’, as an indicator of food poverty, referring to the ‘economic and structural causes of food insecurity’ (Long et al., 2020: 1).

The article will focus on extant schemes which aim to facilitate children’s access to food during term time, rather than the alternative forms explored by the national governments in response to the pandemic during school closures. Whilst the latter measures were heavily criticised within the academy (McNeill, 2021) and through traditional (Blackall, 2021) and social media (Britain, 2021; Monroe, 2021), the standard school meal policies within each nation have yet to receive the same level of scrutiny.

Drawing upon the three criteria of scope, nutrition and stigma, the article will demonstrate that whilst school meal policies in the UK and Ireland differ, they both suffer from inherent weaknesses. Although new developments, including the recent expansion of both hot meal provision in Ireland and free school meals in Wales and Scotland, are welcomed, the article concludes that school meal policies across the UK and Ireland must be significantly reformed if they are to make any headway in the realisation of children’s right to food.

2 Study Background

The right to adequate food is protected via Article 11 icescr as a key element of the right to an adequate standard of living, imposing obligations upon the state to respect, protect and fulfil the right (cescr, 1999). In the crc, children’s right to food is located within the right to the highest standard of health under Article 24 as well as the right to an adequate standard of living under Article 27, the latter of which shall be the focus of this article. In comparison to Article 11 icescr, Article 27 crc has instrumental value, for it serves to foster the physical, mental, spiritual, moral and social development of the child as opposed to being an end in itself (Nolan, 2019). Thus, it recognises the specific support children require to ensure they thrive during their adulthood.

More significantly, Article 27(2) states that the ‘primary responsibility’ to provide the requisite conditions for children’s development, including their nutritional needs, resides with the child’s parents or other caregivers (United Nations, 1989: 8), thereby departing from human rights treaties’ standard address to the state as the principal duty-bearer (Eide and Eide, 2006; Vandenhole et al., 2019). As such, the state bears only a supplementary duty to ‘take appropriate measures’ to assist parents/caregivers in the realisation of children’s right to an adequate standard of living, including the right to food, subject to the resources of the state (United Nations, 1989: 2, 8). This tiered approach serves two main purposes; first, it protects against unnecessary interference in parents/caregivers’ relationship with their children by the state and, secondly, it clarifies that the state is not always expected to intervene (Detrick, 1999). However, the Convention’s idealisation of the family environment as the optimum setting for a child to be raised (Eide and Eide, 2006) is increasingly untenable, given that the cost of food is now a major concern for three out of four UK consumers (Connors et al., 2022).

That being said, in instances of need, the state’s duty to ‘provide material assistance and support programmes’ to parents/caregivers is engaged, ‘particularly with regard to nutrition’ (United Nations, 1989: 8). The Committee on the Rights of the Child (the Committee) has clarified that the assistance envisioned includes the provision of income support to families living in poverty and efforts to ensure equitable access to nutrition (Vandenhole, 2014). Though this guidance seemingly leaves considerable discretion to the state, it has been argued that the measures taken ought to be ‘constructive and sufficient’ for the parent/caregiver to realise the child’s right to an adequate standard of living without encroaching upon the parent/caregiver’s role as primary duty-bearer (Eide and Eide, 2006: 30–31). School meal policies are one of the main methods by which the UK and Ireland respond to child food insecurity, particularly amongst those from low-income backgrounds, and thus will be assessed against the state’s obligation under Article 27(3).

Furthermore, children are particularly vulnerable to violations of their economic and social rights on account of their bio-developmental disadvantage, referring to their ongoing physical and mental development in comparison to adults, and their dependency on others for the fulfilment of their needs, which heightens the importance of state feeding programmes for children (Wringe, 1981; crc, 2013; Nolan, 2013). Violations of the right to food at a young age are likely to have a protracted, potentially irreversible, effect upon their physical and psychological development (crc, 2013; Nolan, 2013; Rougeaux et al., 2016; Pearce et al., 2019). This is particularly worrisome in light of the stark socioeconomic inequalities manifested in patterns of food purchase behaviour and consumption in the UK and Ireland, affecting dietary-related health (Friel et al., 2006; Sugrue, 2015; Corfe, 2018; Goudie, 2022). There is a rich literature evidencing the difficulties low-income families face in ensuring that their children have access to a healthy diet, with cheap, energy dense food, such as crisps, biscuits and chocolate, often the more economical option compared to perishable fruits and vegetables (Surgue, 2015; Corfe, 2018; O’Connell et al., 2019). Thus, such children are less able to enjoy their right to food and are at a higher risk of poor health, being overweight or obese (Cronin et al., 2022), which may compromise their future prosperity (De Schutter, 2021). Within the human rights system, these sustained inequalities amount to ‘systemic discrimination’ against those living in poverty contrary to both Article 2(2) icescr and Article 2 crc (De Schutter, 2021: 19).

At the outset, it must be stressed that state-funded provision of school meals alone will not eradicate child food insecurity. Hunger and malnutrition are symptoms of poverty and thus will endure without the treatment of its underlying causes, most notably income inequality, unemployment, insufficient social welfare and public services (De Schutter, 2021). Such action is necessary for families to escape the ‘vicious cycle of poverty’, as emphasised by De Schutter (2021: 15–16). Systemic discrimination necessitates systemic remedies, namely state investment into the wellbeing, cognitive and physical development of children from low-income backgrounds (De Schutter, 2021). That being said, in the absence of the strengthening of the welfare state in both countries, an examination of the existing school meal programmes with a view to improve their efficacy is the most pragmatic action.

Whilst the normative content of the right to food continues to evolve, now firmly encompassing the concept of sustainable production and consumption (cescr, 1999, 2008; De Schutter, 2014; Elver, 2015; Fakhri, 2020), this article will hereinafter focus on two central aspects of the right in its examination of the school meal policies operating in the UK and Ireland. First, adequate food must meet dietary needs, which includes providing the range of nutrients essential during childhood (cescr, 1999; ohchr, 2010). Secondly, the right to food, like all rights contained within the