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Human Rights and Tobacco Control
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Human Rights and Tobacco Control

9781788974813 Edward Elgar Publishing
Edited by Marie Elske Gispen, Fellow and Brigit Toebes, Professor of Health Law in a Global Context, Global Health Law Groningen Research Centre, Department of Transboundary Legal Studies, Faculty of Law, University of Groningen, the Netherlands
Publication Date: 2020 ISBN: 978 1 78897 481 3 Extent: 320 pp
Large-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 book was realised with funding from the Dutch Cancer Society (KWF).

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Critical Acclaim
Contributors
Contents
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Large-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.
Critical Acclaim
‘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
Contributors
Contributors: 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




Contents
Contents:

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

This title is available for institutional purchase via Elgaronline.

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