Considering the best interests of the child when marketing food to children: an analysis of the South African regulatory framework

[摘要] ENGLISH ABSTRACT : This thesis seeks to establish whether the South African government fulfils itsinternational and constitutional obligations by applying the standard of the bestinterests of the child when food-marketing practices to children are employed.According to the World Health Organisation, overweight and obesity ranks as the fifthleading risk for death globally. It is therefore of particular concern to note that the WHOreports that in 2013 more than 42 million children under the age of five were overweightor obese. Although the reasons for the tremendous increase in global obesity ratescan be complex and a number of factors contribute to the associated rise in noncommunicablediseases, research has shown that the heavy marketing of fast foodand energy-dense, micronutrient-poor foods and beverages is a probable causal factorin weight gain and obesity. It has been established and accepted that there is arelationship between the marketing of food and children's dietary choices andconsumption. Moreover, studies from all over the world show that the foods which aremost often marketed to children, are foods which are nutritionally poor and whichcontain high levels of salt, sugar and fat. Consequently, the WHO and other bodieshave called for a restriction to be placed on the marketing of nutritionally poor foods tochildren. This thesis entails a discussion and an analysis of South Africa's responseto this call. It describes and assesses this country's regulatory efforts regarding themarketing of food to children, comparing it to standards set by both international lawand methods of regulation in other jurisdictions. The aim of the thesis is to assess theimplementation of South Africa's international and constitutional obligations in thisrespect, focussing in particular on the duty to regard the best interests of children asa matter of paramount importance and primary concern. The concept of the bestinterests of the child has been firmly entrenched in international law, the South AfricanConstitution and South African legislation and jurisprudence. Since the Committee onthe Rights of the Child has confirmed that the best interests of the child is a substantiveright of itself, while also being a rule of procedure and a method of interpretation, it isalso true that the implementation of this right may have an effect on other fundamentalrights and freedoms. The thesis provides some suggestions as to how to achieve aproportional balance between the best interests of the child and the rights of the foodand media industries, and of parents in South Africa, whilst bearing in mind thatchildren's interests are more important than anything else.

[发布机构] Stellenbosch University