The European Court of Human Rights and (Framework Convention on) Tobacco Control

Abstract

Unlike the current covid-19 pandemic, the tobacco pandemic has not been adequately assessed through a human rights law perspective, despite the fact that it raises compelling global health concerns. The ECtHR, in particular, holds a lot of potential for the promotion of the human rights-based fight against tobacco, which can be further tapped. It is for this that this article argues, on the basis of the systematisation and critical appraisal of the case law of the ECtHR on tobacco through the lens of the standards set by the who Framework Convention on Tobacco Control.

Tobacco Control and The Council of Europe: the Potential and Limits of the Collective Complaints Procedure of the European Social Charter

“…The juridical bases for these decisions have usually been Article 2 (right to life), Article 3 (prohibition of torture), Article 8 (right to respect for private and family life), and Article 10 (freedom of expression) of the European Convention on Human Rights. 98 The case law of the Court is quite rich with cases concerning matters such as the protection from second-hand smoke and advertising of tobacco products. 99 A detailed analysis of the sometimes complex approach of the Court in these judgements can be found in an article published by Tsampi last year.…”