46 judgments found.

Case 95-81605

Country: France
Year: 2005
Court: Cour de cassation [Court of Cassation]
Citation: Cass Crim, n°95-81605, 21 February 1996
Health Topics: Chronic and noncommunicable diseases, Tobacco
Human Rights: Freedom of expression, Right to health
Facts:

The defendant was the editor of the weekly magazine VSD (Vendredi, Samedi, Dimanche). In this case, VSD appealed a decision of the court of appeals in which the defendant was fined 200,000 francs by the Paris Court of Appeals on 24 February 1995 for complicity in illegal advertisement of tobacco as defined by the laws …Read more

Tags: Non-communicable diseases, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English French

Case 2004-178

Country: Belgium
Year: 2004
Court: Constitutional Court [Court Constiutionelle]
Citation: No. 3046. C. C., n°2004-178, 3 November 2004
Health Topics: Tobacco
Human Rights: Freedom from discrimination
Facts:

The applicant was sentenced for illegal distribution of tobacco products using a vending machine. A  Royal Decree stated that tobacco products could only be sold in vending machines if the machine was placed in an area where tobacco products were sold in a traditional manner and accessible to consumers.  At the request of the applicant, …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: French Flemish

Case 620/2003

Country: Mexico
Year: 2004
Court: Supreme Court of Justice of Mexico
Citation: Televisión Azteca, S.A. de C.V. (Amparo en revisión 620/2003), Suprema Corte de Justicia de la Nación [Supreme Court] (2004) (Mex.).
Health Topics: Controlled substances, Tobacco
Human Rights: Right to due process/fair trial, Right to work
Facts:

Petitioner, Televisión Azteca S.A, filed a Writ of Amparo challenging the constitutionality of article 308, section VI of the Public Health Law (broadcasting tobacco advertisements), alleging that it violated the right to work. The section under scrutiny regulates alcoholic beverages and tobacco advertisements prohibiting the real or apparent ingestion or consumption of these products. In …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: Spanish

Case 08587

Country: Costa Rica
Year: 2003
Court: Supreme Court of Costa Rica (Constitutional Chamber)
Citation: Corte Suprema [Supreme Court], Sala Constitucional, 19 agosto 2003, Sentencia 08587, Expediente: 03-007202-0007-CO (2003)(Costa Rica).
Health Topics: Controlled substances, Environmental health, Health care and health services, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Petitioners challenged the constitutionality of Article 9 of Costa Rica’s tobacco regulation act, which provided for a partial ban on cigar and cigarette advertisement. In their submission, petitioners claimed the constitutional standard to safeguard the right to health, to life and to a clean environment could not be appropriately fulfilled by such a partial ban, …Read more

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

Joseph Eryau v. Environmental Action Network Ltd. (No. 1)

Country: Uganda
Year: 2001
Court: High Court at Kampala
Citation: Civil Application No. 470 of 2001, Arising from Miscellaneous Application No. 39 of 2001
Health Topics: Public safety, Tobacco
Human Rights: Right to a clean environment, Right to life
Facts:

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

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

Joseph Eryau v. Environmental Action Network Ltd. (No. 2)

Country: Uganda
Year: 2001
Court: High Court at Kampala
Citation: Civil Application No. 39 of 2001, Arising from Miscellaneous Application No. 39 of 2001
Health Topics: Environmental health, Public safety, Tobacco
Human Rights: Right to a clean environment
Facts:

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. Of the five declarations proposed in the motion of Application No. 39/2001, all but two were struck down (including those orders which criminalized smoking in public places). The remaining two proposed that “smoking in a public place constitutes a violation …Read more

Tags: Air safety, Criminalization, Passive smoking, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Murli S. Deora v. Union Of India and Others

Country: India
Year: 2001
Court: Supreme Court
Citation: (2001) 8 SCC 765; AIR 2002 SC 40; 2002 (1) ALD 88 SC; 2001 (6) ALT 35 SC
Health Topics: Chronic and noncommunicable diseases, Environmental health, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Tobacco related diseases caused an estimated eight hundred thousand deaths in India per year, with treatment of tobacco caused diseases resulting in a loss of Rs. 13,500 Crores annually. The World Health Organisation estimated that up to seven million deaths, worldwide, per year were attributable to tobacco related disease, of which sixty million deaths occurred …Read more

Tags: Passive smoking, Smoking, Tobacco control, Tobacco regulation
Download Judgment: English

R v. Secretary of State for Health and Ors., ex parte Imperial Tobacco Ltd and Ors.

Country: United Kingdom
Year: 2001
Court: House of Lords
Citation: [2001] 1 All ER 850
Health Topics: Tobacco
Facts:

In July 1998, the European Parliament and the Council created and enacted a Council Directive (“directive”) to ban all forms of advertising or sponsorship that directly or indirectly promoted a tobacco product in the Community. In December 1998, the UK government announced its intention to implement the directive by banning tobacco advertising, as permitted by …Read more

Tags: Tobacco control, Tobacco regulation
Download Judgment: English

Prof. Nurul Islam, et al. v. Government of the People’s Republic of Bangladesh, et al.

Country: Bangladesh
Year: 2000
Court: Supreme Court - High Court Division
Citation: 52 DLR (2000) 413
Health Topics: Child and adolescent health, Chronic and noncommunicable diseases, Environmental health, Health systems and financing, Tobacco
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

The above judgment combined two writ petitions that both dealt with the effect of tobacco advertisements on public health. The Petitioner in Writ Petition No. 1825 of 1999 was Prof. Nurul Islam, President of ADHUNIK (Aamra Dhumpan Nibaron Kori). Section 3 of the Tamakjato Shamogri Biponon Niontroner Jonno Pronito Ain, 1988 provided that all tobacco …Read more

Tags: Air pollution, Asthma, Cancer, Children, Health regulation, Lung disease, Minor, Noncommunicable diseases, Passive smoking, Pediatric health, Pollution, Pulmonary diseases, Respiratory diseases, Second-hand smoke, Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: English

Case 1999-102f

Country: Belgium
Year: 1999
Court: Court constitutionnelle [Constitutional Court of Belgium]
Citation: C. C., n°1999-102f, 30 September 1999
Health Topics: Tobacco
Human Rights: Freedom of expression
Tags: Smoking, Smoking cessation, Tobacco control, Tobacco regulation
Download Judgment: French Flemish
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