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56 judgments found.


Poland v. Council of the European Union

Country: Poland
Year: 2016
Court: European Court of Justice
Citation: C-358/14
Health Topics: Health systems and financing, Tobacco
Facts:

Pursuant to Article 7 and Article 9 of the World Health Organisation Framework Convention on Tobacco Control, the European Union passed Directive 2014/40 to regulate tobacco products. The Directive required cigarette packs to include graphic images of diseased human organs and banned menthol cigarettes. It also regulated electronic or “e-cigarettes” by limiting the amount of nicotine they could …Read more

Tags: Health regulation, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

B v. Waitemata District Health Board

Country: New Zealand
Year: 2013
Court: High Court
Citation: [2013] NZHC 1702
Health Topics: Health systems and financing, Hospitals, Mental health, Tobacco
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Right to privacy
Facts:

In this case applicants argued that the no-smoking policy of the Waitemata District Health Board (WDHB)and the consequent prohibition of smoking in hospitals and surrounding grounds violated their right not to be subjected to torture or cruel treatment, the right to be treated with humanity, the right to respect private life, and the right to …Read more

Tags: Cruel and unusual punishment, Cruel treatment, Health regulation, Mental disorder, Passive smoking, Psychiatry, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

British American Tobacco South Africa v. Minister of Health

Country: South Africa
Year: 2012
Court: Supreme Court of Appeal
Citation: (463/2011) [2012] ZASCA 107 (20 June 2012)
Health Topics: Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Section 3(1)(a) of the Tobacco Products Control Act of 1993 (the “Act”) prohibited any person from “advertising” or “promoting” a tobacco product.  The appellant, a tobacco manufacturer, contended that this prohibition should not extend to its one-to-one communication with consenting adult consumers of tobacco products as it was an unconstitutional limit on both the appellant’s …Read more

Tags: Advertising, Smoking, Tobacco regulation
Download Judgment: English

JT International SA v. Commonwealth

Country: Australia
Year: 2012
Court: High Court
Citation: [2012] HCA 43
Health Topics: Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Right to property
Facts:

Australia’s Tobacco Plain Packaging Act 2011 (“TPP Act”) imposed restrictions on the color, shape and finish of retail packaging for tobacco products. It prohibited the use of trade marks on such packaging other than the use of a brand, business or company name for the relevant tobacco product. Preexisting regulatory requirements for health messages and …Read more

Tags: Advertising, Awareness, Health promotion, Heart disease, Lung disease, Noncommunicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Case 55/PUU-IX/2011

Country: Indonesia
Year: 2012
Court: Constitutional Court [Mahkamah Konstitusi]
Citation: Decision No. 55/PUU-IX/2011
Health Topics: Health information, Tobacco
Human Rights: Right of access to information
Facts:

The applicants, three individuals representing companies in the clove cigarette industry, alleged that the Government’s requirements for pictorial and written health warnings on cigarette packaging violated their rights under the 1945 Constitution (the “Constitution”). Article 114 of Law Number 36 of 2009 Concerning Health (the “Health Act”) classified nicotine as an addictive substance of tobacco, …Read more

Tags: Awareness, Disclosure, Employment, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

World Lung Foundation- South Asia v. New Delhi Municipal Council

Country: India
Year: 2012
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 4579/2012 & CM No.9509/2012
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that restaurants in prohibition of Tobacco Act, 2003 and the Prohibition of Smoking in Public Places Rules, 2008 are running Hookah Bars. The petitioner prayed that the respondent be directed to incorporate in the license, compliance with the Tobacco Act as a condition.

Tags: Lung disease, Noncommunicable diseases, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

5000 Citizens v. Article 3 of Law Nº 28705

Country: Peru
Year: 2011
Court: Constitutional Court
Citation: 5000 Citizens v. Article 3 of Law Nº 28705, Tribunal Constitucional [Constitutional Court] July 19, 2011, EXP. N.º 00032-2010-PI/TC (Peru).
Health Topics: Tobacco
Human Rights: Right to health, Right to liberty and security of person
Facts:

5,000 Peruvian citizens presented an action before the Constitutional Court claiming the unconstitutionality of Article 3 of Law 28705, Law for the Prevention and Control of Tobacco Consumption Risks. This clause prohibits smoking in all health and educational establishments, public institutions, inside of work places, closed public places and any means of public transport, making …Read more

Tags: Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Case 43/PUU-IX/2011

Country: Indonesia
Year: 2011
Court: Constitutional Court
Health Topics: Health information, Tobacco
Human Rights: Freedom from discrimination, Right to health, Right to social security
Facts:

The Plaintiffs challenged Indonesian legislative provisions regulating health warnings on cigarette packaging. The impugned provision, Article 114 of Law No. 36 of 2009 Concerning Health (the Law), required health warnings on all cigarette packaging. The Explanation Provision in the legislation defined such a health warning as one that was easily readable, and one that “may” …Read more

Tags: Advertising, Awareness, Disclosure, Health care professionals, Health education, Health promotion, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Indonesian

Claudio Rodrigues Bernhardt v. Philip Morris

Country: Brazil
Year: 2011
Court: Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro (8th Civil Chamber of the Court of Justice of Rio de Janeiro)
Citation: Claudio Rodrigues Bernhardt v. Philip Morris, No. 0000051-90.2002.8.19.0210, Oitava Câmara Civil do Tribunal de Justiça do Rio de Janeiro [8th Civil Chamber of the Court of Justice of Rio de Janeiro] (2011).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

The plaintiff, Claudio Rodrigues, filed a lawsuit against the tobacco company, Souza Cruz, seeking damages for the death of his spouse, alleging that was caused by consumption of the tobacco products produced by Souza Cruz. The plaintiff argued that his spouse had been influenced into consuming the tobacco products by misleading advertisements that portrayed healthy …Read more

Tags: Compensation, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Balderas Woolrich v. Mexico

Country: Mexico
Year: 2011
Court: Supreme Court
Citation: D. 587. XLIII
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom from discrimination, Right of access to information, Right to health, Right to life
Facts:

The plaintiff, a Mexican national, presented an appeal for legal protection against Mexico, arguing that modifications of the General Health Law (Ley General de Salud), which controlled and regulated tobacco advertising, constituted a violation of the constitutional right to health, as enshrined in Article 4 of the Constitution and falling within the scope of Article …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Elefteriadis v. Romania

Country: Romania
Year: 2011
Court: European Court of Human Rights
Citation: Application No. 38427/05
Health Topics: Chronic and noncommunicable diseases, Health care and health services, Health systems and financing, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment
Facts:

Applicant, Mr. Elefteriadis, alleged that he was exposed to second-hand smoke in crowded cells during several periods of detention, as well as in transport vehicles during frequent transfers between prison and court and in designated rooms for prisoners awaiting hearings. The applicant claimed such situations contravened Article 3 (freedom from inhuman and degrading treatment) of …Read more

Tags: Access to health care, Access to treatment, Cancer, Degrading treatment, Detainee, Detention, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Lung disease, Noncommunicable diseases, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: French

Eastman v. Chief Executive of the Department of Justice and Community Safety

Country: Australia
Year: 2011
Court: The Supreme Court of the Australian Capital Territory
Citation: [2011] ACTSC 33
Health Topics: Chronic and noncommunicable diseases, Prisons, Tobacco
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to a clean environment, Right to liberty and security of person
Facts:

The plaintiff in this case was convicted of murder and sentenced to life imprisonment. He was transferred to the Alexander Maconochie Centre (AMC) to serve his sentence. His concern with the centre was three fold. First he wanted an order preventing two officers at the AMC from dealing with him as their treatment (usage of …Read more

Tags: Asthma, Degrading treatment, Humiliating treatment, Imprisonment, Passive smoking, Prison conditions, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking
Download Judgment: English

British American Tobacco Australia Services Limited v Laurie

Country: Australia
Year: 2011
Court: High Court of Australia
Citation: [2011] HCA 2
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to health
Facts:

The respondent plaintiff (continuing proceedings on behalf of her late husband) sued the appellant for negligently manufacturing and supplying tobacco products, which her husband smoked. She was also suing as a dependent widow. She further contended in support of her aggravated damages claim that the appellant company had a policy of destroying documents, which might …Read more

Tags: Cancer, Lung disease, Noncommunicable diseases, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Case C-830/10

Country: Colombia
Year: 2010
Court: Constitutional Court of Colombia
Citation: Corte Constitucional [C.C.][Constitutional Court], Sala Plena octubre 20, 2010, M.P.: Luis Ernesto Vargas Silva, Sentencia C-830/10 (Colom.).
Health Topics: Child and adolescent health, Controlled substances, Environmental health, Health information, Public safety, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to bodily integrity, Right to development, Right to health, Right to life
Facts:

Petioner brought action before the Constitutional Court, challenging the constitutionality of Law 1335 of 2009, which imposes a general ban on all forms of tobacco promotion, advertisement and sponsorship and in this case, its constitutionality is being questioned. It imposes bans on behaviors aimed at promoting the consumption of a particular group of goods but …Read more

Tags: Alcohol, Cancer, Child development, Contamination, Health education, Health promotion, Heart disease, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Amparo Constitucional promovido por el Abog. Marcos Peroni Clifton bajo patrocinio del Aog. Guillermo Peroni, en representación de Philip Morris Paraguay S.A.

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 776 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Right to health
Facts:

Petitioner, the Paraguayan subsidiary of Philip Morris, filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 and 11 of the WHO Framework Convention on Tobacco Control (FCTC), and thus provided for stronger warning/labeling requirements than those of the law …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Tabacalera del Este S.A., et al. v. Poder Ejecutivo s/Amparo Constitucional

Country: Paraguay
Year: 2010
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).Corte Suprema [Supreme Court], Sala Constitucional, 18 octubre 2010, Sentencia No. 754 (2010)(Para.).
Health Topics: Controlled substances, Environmental health, Tobacco
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to health
Facts:

Petitioners were a consortium of tobacco companies that filed a Writ of Amparo challenging the constitutionality of two administrative decrees (i.e., regulations emanated from the Executive Branch) that regulated and implemented Articles 8 (Protection from exposure to tobacco smoke) and 11 (Packaging and labelling of tobacco products) of the WHO Framework Convention on Tobacco Control …Read more

Tags: Advertising, Awareness, Health data, Health regulation, Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Case 2010-040

Country: Belgium
Year: 2010
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 4859. C. C., n°2010-040
Health Topics: Occupational health, Tobacco
Human Rights: Freedom from discrimination, Right to favorable working conditions
Facts:

The applicants were three companies selling pre-packaged food items. They challenged the constitutionality of a 2009 law that restricted smoking in publically accessible closed spaces, for the protection of non-smokers and workers in such establishments. The law generally required that establishments either ban smoking or install smoking rooms. Establishments where the primary activity was serving …Read more

Tags: Occupational health and safety, Safe working conditions, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: French Flemish

Case 1713/2010

Country: Uruguay
Year: 2010
Court: Suprema Corte de Justicia [Supreme Court of Justice]
Citation: DECISION NO. 1713/2010, Supreme Court of Justice, Montevideo
Health Topics: Tobacco
Human Rights: Right to health
Facts:

The plaintiffs, a tobacco company, brought an unconstitutionality action before the Court, arguing that the Tobacco Control law, which gave the executive branch the authority to require that tobacco manufacturers use health warnings covering a minimum of 50% of the surface area of cigarette packages, violated the constitutional principles of legal reserve and separation of …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: English Spanish

World Lung Foundation South Asia v. Ministry of Health and Family Welfare

Country: India
Year: 2010
Court: High Court of Delhi at New Delhi
Citation: W.P.(C) 7540/2010
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Tobacco
Human Rights: Right to a clean environment, Right to health
Facts:

The petitioner contended that despite the Tobacco Act of 2013, which prohibits the sale of tobacco near school premises, the same was occurring. He also stated that due to the availability of tobacco products, adolescents were falling prey to the ill effects of smoking and suffered from various diseases. The petitioner stated that the tobacco …Read more

Tags: Asthma, Children, Lung disease, Minor, Passive smoking, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Case 2158-2009

Country: Guatemala
Year: 2009
Court: Constitutional Court
Citation: Case No. 2158-2009, Corte de Constitucionalidad de la República de Guatemala [Constitutional Court of the Republic of Guatemala] (2009).
Health Topics: Tobacco
Human Rights: Right to health, Right to life
Facts:

The petitioner, the Guatemala Chamber of Commerce, filed a petition challenging the constitutionality of Articles 3, 4 and 6 of the Law for the Creation of Tobacco Smoke Free Environments, which prohibited smoking in any enclosed space except for hotels and motels and established pecuniary penalties for offenders. The petitioner claimed that the challenged provisions …Read more

Tags: Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 261/2008-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of expression, Freedom of movement and residence, Right to health, Right to life
Facts:

This case was heard together with case 70/2009-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

Miroslav Grcev and Stamen Filipov to the Constitutional Court

Country: Macedonia
Year: 2009
Court: Constitutional Court
Citation: 70/2009-0-0
Health Topics: Child and adolescent health, Environmental health, Health information, Tobacco
Human Rights: Freedom from discrimination, Freedom of association, Freedom of expression, Freedom of movement and residence, Right to a clean environment, Right to health, Right to life, Right to privacy
Facts:

This case was heard together with case 261/2008-0-0. The Petitioners, Miroslav Grcev and Stamen Filipov, challenged the constitutionality of the Anti-Smoking Law (the Law). The Law banned smoking in public premises, advertising cigarettes, and selling cigarettes to persons under the age of 16. Public premises included institutions for education, health, state administration,  public transport, and …Read more

Tags: Advertising, Air pollution, Awareness, Children, Minor, Passive smoking, Pediatric health, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English Macedonian

Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda.

Country: Brazil
Year: 2009
Court: Tribunal Regional da 2a Regiao (Regional Federal Court of the 2nd Region)
Citation: Agência Nacional de Vigilância Sanitária (ANVISA) v. Philip Morris Brasil Ind. Com. Ltda., No. 2009.02.01.006674-2, Tribunal Regional da 2a Regiao [Regional Federal Court of the 2nd Region] (2009).
Health Topics: Controlled substances, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

ANVISA (National Agency for Health Surveillance), brought action seeking a review of the lower court’s decision allowing Phillip Morris to refrain from placing the health warnings on the packaging of its tobacco products as required by Resolution 54/2008. The plaintiff alleged that failure to follow the tobacco-control regulation requiring tobacco companies to place a warning …Read more

Tags: Contamination, Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Portuguese

Unión Tabacalera del Paraguay, et al. s/ Amparo Constitucional

Country: Paraguay
Year: 2009
Court: Supreme Court of Paraguay (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia No. 916 (2009)(Para.).
Health Topics: Controlled substances, Health information, Tobacco
Human Rights: Freedom of expression, Right of access to information
Facts:

Petitioner (a consortium of tobacco companies) sought to strike down Resolution N°298 of the Ministry of Public Health SG No. 298, which established stricter and more compelling warning requirements for cigarrette boxes and labels. The consortium alleged the Resolution (of administrative decree status –i.e, infra-legal) had been issued in violation of a hierarchically superior norm, …Read more

Tags: Advertising, Awareness, Health data, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

R(N) (on the application of) v. Secretary of State for Health, et al.

Country: United Kingdom
Year: 2009
Court: Supreme Court of Judicature Court of Appeal (Civil Division)
Citation: [2009] EWCA Civ 795; Case No: C1/2008/1307
Health Topics: Health systems and financing, Hospitals, Tobacco
Human Rights: Freedom from discrimination, Right to privacy
Facts:

The appellants challenged a ban on smoking at the Rampton Hospital. The smoking ban was introduced because of a policy by Nottinghampshire Health Care NHS Trust (the Trust), which banned smoking in and outside of the hospital. The Smoke-Free (Exemption & Vehicles) Regulations 2007 (the Exemption Regulation) allowed the prohibition of smoking inside, but did …Read more

Tags: Health facilities, Health regulation, Passive smoking, Public hospitals, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Mahesh Bhatt, et al. v. Union of India and another

Country: India
Year: 2008
Court: High Court - Delhi
Citation: 2008 Bus LR 366 (Del); 147 (2008) DLT 561
Health Topics: Tobacco
Human Rights: Freedom of expression, Right to health, Right to life
Facts:

Three writ petitions were clubbed together by the Court owing to the similarity in questions to be decided. The first Petitioner, Mr. Mahesh Bhatt, was a film maker. The second and third petitioners were engaged in the publication of the newspaper, The Hindu. The Petitioners challenged the validity of the Cigarette and Other Tobacco Products …Read more

Tags: Advertising, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

Case 14593

Country: Costa Rica
Year: 2008
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 23 septiembre 2008, Sentencia 14593, Expediente: 08-012440-0007-CO (2008)(Costa Rica).
Health Topics: Controlled substances, Environmental health, Occupational health, Tobacco
Human Rights: Right to health
Facts:

Circular No. 03-2006 of the Municipality of Oreamuno designated an area within the public building to serve as a smoking room in accordance with Law N°7501 (1995), which provided for such spaces. The designated area was the aisle leading to the kitchen. Petitioner sought relief from the alleged violation of her right to health as …Read more

Tags: Passive smoking, Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish

Arnoldo Eleuterio de Jesús Benitéz Castillo, et al. v. República Bolivariana de Venezuela s/ acción de amparo

Country: Venezuela
Year: 2008
Court: Supreme Court
Citation: Tribunal Supremo de Venezuela [Supreme Court of Venezuela], October 21, 2008, “Arnoldo Eleuterio de Jesús Benitéz Castillo y otros v. República Bolivariana de Venezuela s/ acción de amparo,” Expediente No. 08-0520, Sentencia No. 1587.
Health Topics: Controlled substances, Tobacco
Human Rights: Right to a clean environment
Facts:

Petitioners, among them the Federación Venezolana de Asociaciones de Consumidores y Usuarios (F.E.V.A.C.U) (Venezuelan Federation of Consumer and User Associations), filed an an “action for collective and common interests” against the government, seeking judicial protection for the violation of their right as a society to an enjoyable life and a balanced, safe, and healthy environment. …Read more

Tags: Second-hand smoke, Smoking, Tobacco control, Tobacco regulation
Download Judgment: Spanish

Canada (Attorney General) v. JTI-MacDonald Corp., et al.

Country: Canada
Year: 2007
Court: Supreme Court
Citation: [2007] 2 S.C.R. 610, 2007 S.C.C. 30
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Health information, Tobacco
Human Rights: Freedom of expression
Facts:

The Canadian Parliament enacted the Tobacco Act (the Act) and the Tobacco Products Information Regulations (the Regulations) in response to the decision of the Court in RJR-Macdonald Inc. v. Canada (Attorney General) [1994] 1 S.C.R. 311, which struck down a previous version of the Act. The new legislation permitted information and brand-preference advertising but prohibited …Read more

Tags: Advertising, Children, Minor, Pediatric health, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French

Case 14766

Country: Costa Rica
Year: 2006
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 6 octubre 2006, Sentencia 14766, Expediente: 06-011928-0007-CO (2006)(Costa Rica).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to health, Right to life
Facts:

Petitioner filed a Writ of Amparo to challenge the administrative procedure that instituted a partial ban on cigar and cigarette advertisements pursuant Article 9 of Costa Rica’s Tobacco Regulation Act. Petitioner claimed such a partial ban was constitutionally unacceptable, as only a total ban on advertisement could fulfill the obligation of the State to safeguard …Read more

Tags: Smoking, Tobacco control, Tobacco regulation
Download Judgment: English Spanish
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