Human Rights, Nutritional Integrity & Washington State Public SchoolsAn Appeal for Policy Change

By: Christine DrakeBackground:

Competitive foods of minimal nutritional value currently sold in Washington State

Public Schools undermine participation in the federally funded comprehensive school

meal program and denies children the fundamental human right to nutritional integrity

access and enjoyment of the highest attainable standard of health.

Posed Problem :

In today’s society where 50% of American adults are obese, early childhood and

adolescent nutritional intervention and education essential for a healthier lifestyle

development, requires the collaborative efforts and aggressive participation by way of

government guidelines and program implementation, food industry accountability, public

school and community support, and parental awareness and reinforcement. On October

23, 2003 an Obesity Public Meeting sponsored by the United States Department of

Health and Human Services and the Food and Drug Administration, was held in

Bethesda, Maryland. One particular issue addressed of grave concern was the increased

rate at which obesity has affected children over the past 20 years. According to research

facilitated by the Center for Disease Control 13% of children ages 6-11 are overweight.

Diseases like, Diabetes Type II, Heart Disease, and certain cancers, once considered adult

ailments, are now increasingly found in children. As this epidemic of childhood obesity

sweeps across the nation, public acknowledgement and problem identification become

key elements necessary for a successful lifetime lifestyle modification.

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A startling development suggests that for the first time in history there is a potential

trend that children will have a shorter life span than that of their parents. Pediatricians are

reporting an increase rate in which more children are developing adult-like illnesses such

as diabetes, high cholesterol, and heart related problems due to obesity. According to the

Center for Science of Public Interest, 15% (9million) of children are overweight (2000).

Environmental and social influences such as inactivity, income status, food industry

marketing and advertising, technological advances, working parents, pre-packed foods,

portion size, and competitive foods sold in public schools are all contributing factors to

the childhood obesity epidemic.

Increased accessibility of nutritionally deficient foods to our school-aged children is of

growing concern and a hot debate issue among the Department of Education, community,

and parents. Washington State Public Schools contradict the nutritional health

environment in the classroom while strategically placing vending machines overflowed

with high fat foods and sugar filled carbonated beverages, throughout school corridors for

convenient consumption. Big corporations are contributing a substantial amount of

money to schools in exchange for signed contracts that allow placement of their machines

on school grounds. The Centers for Disease Control and Prevention's School Health

Policies and Programs Study (SHPPS) 2000 survey concluded that 43% of elementary

schools, 89.4% of middle/junior high and 98.2% of senior high schools had either a

vending machine or a school store, canteen, or snack bar where students could purchase

competitive foods or beverages. Coca-Cola recently signed a contract with the Seattle

School District for $345,000 that will help pay for school supplies as well as student

activities. Many schools, especially low-income school districts, rely heavily on such

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corporate funds to purchase critical supplies as well as offer additional programs that

would otherwise not be feasible.

Currently Thirty-three states, including Washington, go no further than simply

administering the regulations that govern the national school food programs managed by

the U.S. Department of Agriculture (USDA). These regulations address the problem of

foods and beverages that can directly compete with nutritious school meals. They

prohibit “foods of minimal nutritional value”(FMNV) from being sold in food service

areas during meal periods. However the USDA has limited authority to regulate the

nutritional quality of competitive foods. Items such as chocolate candy bars, chips,

cookies, and fruitades, are not considered FMNV, and therefore allowed in the school

cafeteria during meal times. Approximately 20% of schools offer brand name fast-food

items, such as foods from Pizza Hut or Taco Bell. The sales of competitive foods are

allowed in the cafeteria if the income accrues to the benefit of the food service program

or approved school or student organizations. USDA regulations also do not prohibit the

sale of non-nutritious foods and beverages from being sold on school campuses all day

long in locations other than where schools meals are being served.

The Children’s Alliance a Washington statewide member-based child advocacy

organization aims to change these USDA “policies of minimal nutritional value” and

prioritizes programs that all children need to thrive. The goals of the Alliance’s nutrition

and hunger work are to protect and increase funding for school meal programs and other

federal food programs, increase access, improve program quality, and decrease the

administrative red tape associated with applying to and operating the programs. In March

2004 the Alliance, sponsored a project that studied high school-aged students nutritional

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environment. Parents of the high school students in the focus group acknowledged that

their children generally have poor eating habits and little interest in improving them.

Parents and students both report that students generally eat whatever they want without

much thought to its impact on their health or contribution to proper nutrition. Students do

not seem to make a connection between nutrition and their own health or sense of

physical well-being. Some students admitted to drinking three pops or more a day from

the school vending machines, claiming that it was the easiest to buy. Others asserted that

long lunch lines and short lunch periods deterred students from participating in the school

meal program and instead opted for fast and convenient non-nutritional food items sold in

vending machines or snack bars.

Human Rights Impeded or Denied:

Article 3 of the Universal Declaration of Human Rights proclaims:

“State parties shall ensure that the institutions, services, and facilities responsible for the care of or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety and health in the number and suitability of their staff as well as competent supervision” (85).

The Universal Declaration of Human Rights while not a legally binding document does

provide the government and institutions with a set of guiding principles from which to

construct new public policies that are legally binding. Human rights are meaningless

without the public pressure that demands their enforcement and security. Organizing

ourselves, creating new alliances, reframing the basic terms on which America’s public

debate takes place, and using the framework of human rights, is the hope that guides us

into the new century.

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Exposing our children to an overabundance of nutrient deficient foods in Washington

State Public School Institutions inhibits the safety and protection of the child and

significantly impedes on the child’s ability to enter adulthood with the highest attainable

health. It is the responsibility of Washington State Government to assure that educational

institutions develop policies that do not deny the rights of the child. It is not acceptable to

exploit our children for monetary gain. Elevate nutritional standards by opting for

policies that protect, respect, facilitate, and fulfill the said obligations owed to the child.

The current policies that permit vending machines in Washington State Public Schools

allow media manipulation, national politics, and political institution abuse to serve the

interests of those in power while ignoring the health of the child.

The United Nations Declaration of the Rights of the Child Ratified November 20,

1959 asserts:

“The child by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth. The General Assembly proclaims this Declaration of the Rights of the Child to the end that he may have a happy childhood and enjoy for his own good and the good of society the rights and freedoms herin set forth, and calls upon parents, upon men and women as individuals, and upon voluntary organizations, local authorities and national Governments to recognize these rights and strive for their observance by legislative and other measures progressively taken in accordance with the set principle that he shall be entitled to special care and protection that provide him the ability to grow and develop in health.” \NGO’s, government organizations, educational institutions, community members,

students, and parents of Washington State need to challenge the social ills that plague

contemporary America, like the eradication of childhood obesity via increased access to

non-nutritional food, to lay the basis for a powerful movement for fundamental change.

Citizens of Washington State must use the power of numbers to unite movements behind

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human rights standards to influence media and policy makers. Human rights empower

people with a platform to demand that legislative laws of Washington take action to meet

the minimum standards of health to protect the child at public education institutions. The

inability for Washington State to establish safeguards that shields vulnerable children

from unnecessary nutrient deficient foods creates an objectionable eating environment

that threatens the health of the child and makes the realization of nutritional integrity

impossible.

Article 3 of the United Nations Convention of the Rights of the Child emphasizes:

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.

Human rights demands that the dignity of all human beings including children be

respected. Every human being from birth has the right to enjoy environmental conditions

that support obtainable health. Socially constructed policies like the limited USDA

authority creates obstacles that make this birth right difficult to sustain. The World Health

Organization defines health as a state of complete physical, mental and social well-being

and not merely the absence of disease or infirmity. The health of each individual child

reflects the social health of their communities and the physical health of their

environment. It is absolutely crucial that Washington State and The Department of

Education respond to the alarming increased rate of childhood obesity and help alleviate

contributing causal factors by inducing a state of equilibrium between external and

internal environmental forces.

Solutions:

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If aspirations of eradicating childhood obesity while obtaining the fundamental right

to health are to be achieved, non-government and government organizations alike, along

with community members, educational institutions, and parents need to take an active

participating role in examining food nutrition guidelines, recognizing environmental

influences such as quality and access, and introducing children and adults to valuable

resources available in their community. School funds should not be dependent on

vending machine revenue at the expense of the children and a detriment to their health.

Schools in Washington State need to re-evaluate school nutrition by limiting or

alleviating junk food sales all together at school as well as closely scrutinizing and

evaluating school meal ingredients to implement new methods toward nutritional

improvement.

The Texas Education Agency has adopted a new policy eliminating the sale of nutrient

deficient foods in any school beginning the 2003-2004 school year. Those schools that do

not comply will suffer a great consequence, as school lunch subsidies will be taken away.

Schools in Arizona, with the goal to influence and encourage healthy eating habits, have

initiated a new lunch routine. Children will participate in recess prior to eating their lunch

with the idea that increased energy expenditures will stimulate appetite as well as calm

kids down enough to concentrate more on healthy food choices. Schools that have

already established this new policy, report positive feed back and results from both staff

and children.

In California, Aptos Middle School introduced a pilot program that increased healthier

lunch options like fresh deli sandwiches, pasta, salad, and soups while eliminating

nutrient deficient foods like nachos, pre-packaged burritos, French fries, and

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cheeseburgers. The Physical Education Department reports that replacing soda with

healthier choices in the locker room vending machines has resulted in an increase in

revenue. In August 2002, the Los Angeles Unified School District with 750,000 students

banned across the board the sale of soft drinks in vending machines and school stores

during school hours. Contracts with corporate giants Coca-Cola and Pepsi will expire in

2004, at which time schools will begin selling healthier options like water, milk, and 50%

juice items.

North Community High School in Minnesota has begun to re-evaluate the school’s

beverage vending practices. The school has negotiated with Coca-Cola representatives to

increase the number of onsite vending machines with the understanding that healthier

options will be made available. Thirteen machines are stocked with water or 100% juice,

two with sports drinks, and one with soda. Competitive pricing, water at $0.75, sports

drinks and 100% juice for $1.00, and soda at $1.25 has yielded promising revenue results.

While soda sales are down dramatically revenue generated from water and juice is up by

$4,000 in a year.

The New York City School system plans to meet USDA Guidelines for all foods sold

at school everyday at breakfast and lunch, in vending machines, and school stores within

tree to five years. The healthy options strategy includes limiting beverages to water and

100% juice, increasing consumption of whole wheat, fresh vegetables and fish, and

dramatically reducing highly processed food availability. All schools will be responsible

for phasing out vending machines that do not comply with the newly adopted standards.

Central contracts, that permit only nutrient dense vending machines, will allow schools to

continue to retain revenue generated from these machines.

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Recommendations for Washington State:

Discontinue exclusive contracts with corporations like the Seattle Public Schools entered into with Coca-Cola in 1998 for $6.1 million.

Pass legislation that gives the USDA further authority to regulate all food options sold in Washington Public Schools. These regulations will require that all foods consistently meet the Dietary Guidelines for Americans.

Redirect already existing subsides and tax incentives to support the under funded No Child Left Behind Act, which contributed to the increased need of additional fund sources in vending machines.

Create a more nutrient-stimulating environment that reinforces nutrition education in the classroom by allowing adequate eating time and space, as well as providing positive adult supervision with role modeling behavior.

Re-evaluate and re-define FMNV to include food items that have higher fat and sugar content.

Incorporate organic and locally grown produce.

Eliminate commercial marketing in all schools.

Provide incentives for middle and high schools to participate in healthy-food programs.

Increase required daily physical activity to 30 minutes.

Promote and collaborate with farmers markets to encourage school projects like cultivating school gardens

Organize parent participation to include the right to choose what food items children will have access to.

Institute creative fundraising ideas that do not include the sale of food, i.e…walk-a-thons, talent shows, skate night, fun runs, recycling, gift-wrapping, penny wars, and raffles.

Addendum: Washington State was recently awarded additional funds from the USDA to

operate free fruit and vegetable giveaway projects in elementary and secondary schools in the 2004-2005 school year. The expansion is made possible by the recently reauthorized Child Nutrition Act, which not only made the Fruit and Vegetable Pilot Program permanent, but also increased annual funding from $6 million to $9 million.

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WA SSB 5436 (Signed by the governor on March 26, 2004.) This requires Washington State along with school directors and the department of health to develop a model policy regarding access to nutritious foods. School directors will post policy recommendations to the legislature web site by Jan. 1, 2005 and implement proposed policy by Aug. 1, 2005.

Works Cited:

“American School Food Service Association,” Program History & Data, visited 1, Dec 2003, http://www.asfsa.org/childnutrition/history/.

Bogden, Jim. “State Policies on the Sale of Food and Beverages at School.” National Association of School Board Education. (2001). www.nasbe.org.

Center for Science in the Public Interest (CSPI). “School Foods Tool Kit: A Guide to Improving School Foods & Beverages.” (Sept. 2003). www.cspinet.org/schoolfoods.

Children’s Alliance, A Voice for Washington’s Children, Youth, and Families. “School Nutrition: Increase Access to Healthy Foods in Our Schools: Eliminate Junk Food in our schools.” (2002). http://www.childrensalliance.org/whatwedo/childhood-obesity-campaign.cfm.

Goodnough, Abby “Schools Cut Down on Fat and Sweets in Menus,”New York:{Late Edition}, (New York, The New York Times,25 June 2003)pg.2

French, Simone A. Mary Story, Robert W Jeffery, “Environmental influences on eating and physical activity,” Annual Review of Public Health 22 (2001): 309, pg. 8.

Kennedy, Eileen, Edward Cooney, “Symposium: Accomplishments in child nutrition during the 20th century-Development of the child nutrition programs in the United States,” The Journal of Nutrition 131 (2001): 2, pg. 1.

Martin, Andrew ”Obesity woes eating at fast-food; Super-size menus fatten Americans,” Chicago Tribune:{Final Edition}, (Chicago; Chicago Tribune,2003)pg2.

Millman, Nancy, “Tooning Up Kids Food Companies Are More Sophisticated In Teaching Children Brand loyality. But Some Say Their Media Linkups Are Marketing Run Amok,” Chicago Tribune:{Sports Edition}, ( Chicago; Chicago Tribune, 1997)p.2

Munoz, Kathyrn A., Susan M. Krebs-Smith, Rachel Ballard-Barbash, Linda E. Cleveland, “Food intakes of US children and adolescents compared with recommendation,” American Academy of Pediatrics 100 (1997): 3, pg.6.

Nestle, Marion Food Politics How the Food Industry Influences Nutrition and Health (Los Angeles University of California Press,2002),

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Nichols, Laura, “Taught to buy: In-school seal of consumerism undermines educational mission,”(Seattle; Seattle Times, Nov. 14, 2003) pg.1

“Obesity Prevention; Combating childhood obesity requires improved nutrition, physical education,” Obesity, Fitness &Wellness Week, (5 April 2003):pg.2

Salkin, Stephanie, “Arizona schools set course for nutritional improvement,” Foodservice Director, 16(2003):16,pg. 2

“Texas restricts junk food sales in schools,” Journal of Physical Education, Recreation &Dance 73 (2002): 6, pg. 2

“The Iowa City Appeal on Advancing the Human Right To Health.” Health & Human Rights Database. (April 22, 2001). www.glphr.org.

United Nations. “Declaration of the Rights of the Child.” ( 20 Nov. 1959). www.unhchr.ch/html/menu3/b/25.htm.

U.S. Food & Drug Administration, “Public Meeting on Obesity,” (May 2003), http://www.fda.gov/oc/opacom/hottopics/obesity.html.

“Washington School Food Service Association Long Range Legislative Plan.” (March 2002). www.wsfsa.org.

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