Description
Book SynopsisLarge-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels.
This thought-provoking book offers significant new insights to the topic, laying the foundations for a human rights based approach to tobacco control. Addressing the function of law as a tool to help combat one of the major public health challenges facing society, contributions by global scholars rebut human rights claims presented by the tobacco industry. Emphasis is instead placed upon the human rights of vulnerable individuals, children in particular, as a result of smoking and exposure to second-hand smoke.
Illustrating ways in which the right to health can be advanced with regards to tobacco control, smoking and the use of e-cigarettes, this important book will be a vital resource for human rights and health law scholars and practitioners as well as policy makers in public health law.
Contributors include: D. Barrett, D. Beyleveld, O.A. Cabrera, A. Constantin A. Garde, M.E. Gispen, L. Gruszczynski, J. Hannah, S. Karjalainen, L. Lane, S. Lierman, A.L. McCarthy, A. Mitchell, S. Negri, O. Nnamuchi, M. Roberts, A. Schmidt, M. Sormunen, A. Taylor, B. Toebes, M. van Westendorp, Y. Zhang
Trade Review'Marie Elske Gispen and Brigit Toebes have written a book of worldwide importance and impact. Tobacco is still the leading preventable cause of death globally. Big Tobacco poses a major threat to the right to health. Using a human rights lens, Gispen and Toebes powerfully show how human flourishing demands
bold action on tobacco control. The authors are thought leaders globally on health and human rights. Their book is both a superb work of scholarship and a call to action for public health and human rights scholars and advocates everywhere.' --Lawrence O. Gostin, Georgetown University, US
'Human rights law, at international, regional and national levels, offers important concepts and processes for strengthening tobacco control. Understanding this, the tobacco industry has also sought to co-opt human rights laws and concepts to serve its economic interests. The importance of human rights law to tobacco control is not well understood, which is why this book - convening the leading experts in this emerging field - is such a welcome and important contribution.'
--Roger Magnusson, The University of Sydney, Australia
'A well conceptualized and comprehensive volume on a key issue of our time. Varied in their approach to the topic, the pieces brought together here move from the global to the regional to the national, highlighting the interplay between legal systems, and show how human rights-based approaches to tobacco can support specific measures and actions. Illustrating not only how tobacco can be understood as a human rights concern but where human rights arguments fall short, this book shows how critical attention to ethical, normative and legal arguments may move us forward not only in rhetorical but actionable ways.'
--Sofia Gruskin, University of Southern California, US
Table of ContentsContents: Preface Danius Puras 1. Introduction Marie Elske Gispen PART 1 NORMATIVE REFLECTIONS 2. Dignity, vulnerability and human agency in the context of tobacco Deryck Beyleveld 3. Is there a human right to tobacco control? Andreas Schmidt PART 2 INTERNATIONAL AND REGIONAL HUMAN RIGHTS APPROACHES TO TOBACCO CONTROL AND THEIR LINK TO OTHER FIELDS OF LAW 4. Tobacco control in international human rights law Oscar Cabrera and Andrés Constantin 5. Accountability, human rights and the responsibilities of the tobacco industry Lottie Lane 6. Is there a European human rights approach to tobacco control? Amandine Garde and Brigit Toebes 7. Exploring the role of the ASEAN in fostering human rights approaches to tobacco control in Southeast Asia Yi Zhang 8. Tobacco use, exploitation and vulnerability in Africa: a human rights analysis Obiajulu Nnamuchi 9. Tobacco control in the Inter-American human rights system Oscar Cabrera and Andrés Constantin 10. Human rights in the origins of the FCTC Allyn Taylor and Alisha McCarthy 11. Human rights and tobacco control: lessons from illicit drugs Damon Barrett and Julie Hannah 12. The role of IEL dispute settlement bodies in reinforcing the sovereign rights of States in the field of tobacco control Lukasz Gruszczynski PART 3 SPECIFIC ELEMENTS OF TOBACCO CONTROL LAW AND POLICY IN LIGHT OF HUMAN RIGHTS 13. Smoke-free environments: lessons from Italy Stefania Negri 14. The tobacco endgame: experiences from Finland Milka Sormunen and Sakari Karjalainen 15. E-cigarettes in Belgium : while the smoke clears the fog rises Steven Lierman and Mathijs van Westendorp 16. Human rights and tobacco plain packaging in Australia Andrew Mitchell and Marcus Roberts 17. Conclusions Brigit Toebes Index
