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

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

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

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

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

Petitioner was an inmate in a State prison who filed a Writ of Amparo challenging the administrative regulation that exempted inmates from the prohibition to smoke inside cells and other closed, indoor environments within prisons. In his submission, plaintiff contended the regulation (of infra-legal hierarchy status) was unconstitutional as it forcibly exposed him to tobacco …Read more

The plaintiff, a Costa Rican national, presented an appeal of protection against the Ministry of Justice claiming his right to health had been violated. The plaintiff was deprived from liberty in a local prison which he claimed was overpopulated and in close contact with persons with chronic diseases. The Ministry of Justice argued that it …Read more

Applicant, Russian national and President of the Northeast Commercial Bank, was accused of embezzlement and placed in detention. According to the applicant, he was detained in overcrowded and unsanitary cells, which occasionally contained inmates suffering from tuberculosis and syphilis. Moreover, the cells had inadequate toilet facilities, insufficient ventilation, and pest infestations. As a result the …Read more

The applicant, a public interest organisation, brought an application in the public interest seeking a declaration that unregulated smoking in public areas is a violation of the constitutional rights of non-smokers to life and to a clean and healthy environment. Article 50(2) of Uganda’s Constitution provides that “[a]ny person or organization may bring an action …Read more

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. The declarations being sought in the motion of Application No. 39/2001 would state that “smoking in a public place constitutes a violation of the rights of the non-smoking members of the public to a clean and healthy environment as prescribed …Read more