Using section 27 to open up the accessibility of smoking cessation health services in South Africa

Nyatsanza, S

doi:10.7196/sajbl.2019.v12i2.00668

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“…Under the right to health, states bear an international legal obligation to facilitate environments in which individuals can make autonomous decisions about their health. Recognizing the ways in which individual choice has been impaired by youth targeting, industry marketing and addiction enhancing (engineering cigarettes to increase addictiveness), states must progressively realize measures under the right to health to protect individuals from corporate interference with healthy decision making — adopting measures that discourage tobacco use and support cessation [11, 12]. Cessation support helps to overcome the influence of nicotine addiction and supports the restoration of individual autonomy over health.…”

Section: Tobacco Undermines the Right To Healthmentioning

confidence: 99%

Could international human rights obligations motivate countries to implement tobacco cessation support?

et al. 2022

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Background and aims The World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) seeks to realize the right to health through national tobacco control policies. However, few states have met their obligations under Article 14 of the FCTC to develop evidence‐based policies to support tobacco cessation. This article examines how human rights obligations could provide a legal and moral basis for states to implement greater support for individuals to overcome their addiction to tobacco. Analysis The United Nations (UN) has a well‐established legal framework for promoting human rights, looking to the right to health to realize health autonomy. Where addiction undermines autonomy, it is widely acknowledged that addiction presents a significant barrier to cessation for individuals who use tobacco, undermining the right to health. The UN human rights system could, therefore, provide a complementary basis for monitoring state obligations under Article 14 of the FCTC, identifying challenges to FCTC implementation and motivating states to support tobacco cessation. Conclusions The United Nations' human rights system offers a mechanism that could be used to monitor Framework Convention on Tobacco Control implementation in national policy, facilitating accountability for the progressive realization of cessation support.

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Section: Tobacco Undermines the Right To Healthmentioning

confidence: 99%

Could international human rights obligations motivate countries to implement tobacco cessation support?

et al. 2022

View full text Add to dashboard Cite

show abstract

Using section 27 to open up the accessibility of smoking cessation health services in South Africa

Abstract: This open-access article is distributed under Creative Commons licence CC-BY-NC 4.0.

Cited by 1 publication

References 0 publications

Could international human rights obligations motivate countries to implement tobacco cessation support?

Could international human rights obligations motivate countries to implement tobacco cessation support?

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