The Framework Convention Alliance for Tobacco Control

FCTC consistent with human rights – article

Tobacco control and human rights are “not in conflict but are mutually reinforcing”, according to an article published in the International Journal of Law in Context.

The article was written by Oscar A. Cabrera and Lawrence O. Gostin. It covers topics such as human rights provisions in the Framework Convention on Tobacco Control (FCTC), the right to access information, smoke-free places, and bans on advertising, promotion and sponsorship.

"Given the tobacco industry's efforts to capture more consumers in developing countries, states need to intervene to protect the human rights of their citizens against the negative effects that these strategies will have on their health, life and standard of living," write the authors.

The article also discusses the legal challenge by Philip Morris International against Uruguay’s tobacco control laws at the International Centre for Settlement for Investment Disputes.

"Not only is it alarming that the tobacco industry would challenge a sovereign state's public health regulations (which are in fact mandated under international human rights law as well as the FCTC), but also that PMI would challenge a developing country such as Uruguay.”

Yet, the article concludes, “Courts all over the world are moving towards recognising the link between human rights and tobacco control, and are deciding cases in favour of tobacco control laws over industry interests”.

“Importantly, there is also growing international support that would push states to make this connection."

Article abstract


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