Liability: The FCTC Commitments

18 Aug 2008

Under Article 19.1 of the Framework Convention on Tobacco Control ( FCTC), Parties agree to consider, for the purpose of tobacco control, taking legislative action or promoting their existing laws to deal with criminal and civil liability, including compensation where appropriate.

Parties also agree (within the limits of national legislation) policies, legal practices and applicable existing treaty arrangements, to afford one another assistance in legal proceedings relating to civil and criminal liability consistent with the FCTC (Article 19.3), and to cooperate in the exchange of relevant information, including information on the health effects of tobacco consumption and exposure to tobacco smoke and information on legislation and regulations in force and pertinent jurisprudence (Article 19.2).

Article 19.5 states that the Conference of the Parties (COP) to the FCTC may consider, if possible at an early stage, taking account of the work being done in relevant international fora, issues related to liability (including appropriate international approaches to these issues and appropriate means to support, upon request, the Parties in their legislative and other activities in accordance with Article 19).

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