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

European Journal of Health Law 2022

21 Pages Posted: 10 Nov 2022

See all articles by Giulia Bosi

Giulia Bosi

Scuola Superiore Sant'Anna

Date Written: October 27, 2022

Abstract

The role of the Council of Europe (CoE) in tobacco control remains largely unexplored. This paper aims to fill this gap, focusing on the CoE’s European Social Charter. Article 11 of the Charter protects the right to health, and adequate tobacco control measures are necessary to respect this article. This paper examines the potential and limits of the Collective Complaints procedure, one of the two monitoring mechanisms of the Charter, as a means to evaluate the compliance of national tobacco control measures with Article 11. It demonstrates that, so far, this mechanism has never been used in this way. However, although the Collective Complaints procedure presents several drawbacks, it should not be underestimated. Indeed, it possesses certain features, such as the collective nature of the complaint and the lack of the requirement of the exhaustion of domestic remedies, which might make it a particularly suitable tool for the abovementioned purpose.

Keywords: right to health, human rights, tobacco control, smoking, Council of Europe, European Social Charter, Collective Complaints procedure, European Committee of Social Rights

Suggested Citation

Bosi, Giulia, Tobacco Control and The Council of Europe: The Potential and Limits of the Collective Complaints Procedure of the European Social Charter (October 27, 2022). European Journal of Health Law 2022, Available at SSRN: https://ssrn.com/abstract=4262744

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