A Human Rights Approach to the Regulation of Electronic Cigarettes

Lukasz Gruszczynski (ed.), The Regulation of E-cigarettes: International, European and National Challenges (Edward Elgar 2019)

University of Groningen Faculty of Law Research Paper No. 3/2020

Posted: 13 Sep 2019 Last revised: 12 Mar 2020

See all articles by Marie Elske Gispen

Marie Elske Gispen

University of Groningen Faculty of Law

Jacquelyn D Veraldi

Trinity College, University of Cambridge

Date Written: November 1, 2018

Abstract

Tobacco control clearly falls within the remit of human rights law. Yet the potential for the regulation of e-cigarettes is understudied from a human rights perspective. This chapter shows that there are good reasons to assume that the use of e-cigarettes may pose certain health risks and possibly undermine the regulatory efforts directed against use of conventional tobacco products. Employing doctrinal legal research, the chapter explores different approaches to the regulation of e-cigarettes in terms of the right to the highest attainable standard of health included in Art. 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights and the 1989 Convention on the Rights of the Child. It develops a human rights framework applicable to regulating e-cigarettes as a device harmful to health, as a potential harm reduction tool, and as a gateway product.

Keywords: human rights, tobacco control, ecigarettes

Suggested Citation

Gispen, Marie Elske and Veraldi, Jacquelyn D, A Human Rights Approach to the Regulation of Electronic Cigarettes (November 1, 2018). Lukasz Gruszczynski (ed.), The Regulation of E-cigarettes: International, European and National Challenges (Edward Elgar 2019) , University of Groningen Faculty of Law Research Paper No. 3/2020, Available at SSRN: https://ssrn.com/abstract=3448635

Marie Elske Gispen

University of Groningen Faculty of Law ( email )

9700 AS Groningen
Netherlands

Jacquelyn D Veraldi (Contact Author)

Trinity College, University of Cambridge ( email )

United Kingdom

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