11 Jun 2013
In a recent example, the Court of Appeals of The Hague in March became the first court known to cite the FCTC as the primary legal justification for overturning a weak tobacco control law. The Court found that an earlier law that granted exceptions to smoke-free spaces in small cafes in the Netherlands contravened FCTC Article 8(2) on smoke-free spaces.
The paper highlights other important judicial decisions from Canada, Colombia, Guatemala, Israel, Norway, Peru and South Africa.
The FCTC came into force in 2005 and now has 176 Parties, representing nearly 88 percent of the world’s population.
The article also outlines the Tobacco Control online databases, which allow searching of tobacco control laws and litigation from around the world.
- Download non-formatted article
- Article on Tobacco Control website (full article requires subscription)
- Dutch court first to find that global tobacco treaty can trump national law