Human Rights and the Framework Convention on Tobacco Control: Mutually Reinforcing Systems
International Journal of Law in Context, 7,3 pp. 285–303 (2011) Cambridge University Press, doi:10.1017/S1744552311000139
20 Pages Posted: 25 Apr 2012 Last revised: 25 May 2012
Date Written: April 23, 2012
This article explores the connection between human rights and tobacco control, and in particular, the Framework Convention on Tobacco Control (FCTC). We address rights-based arguments used by the tobacco industry to argue against tobacco regulation. We demonstrate the weakness of these arguments, and that tobacco control and human rights are, in fact, not in conflict, but are mutually reinforcing. We also offer counter-arguments in favour of tobacco regulation based on international human rights obligations. Moreover, we argue that international human rights law and human rights bodies can provide tobacco control advocates with avenues for international monitoring and enforceability, which are lacking in the FCTC.
Keywords: FCTC, Tobacco Control, Human Rights
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