Human Rights and Tobacco Control

Edited by Marie Elske Gispen, Fellow and the late Brigit Toebes, formerly 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

'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

• Contents:Preface Danius Puras1. IntroductionMarie Elske GispenPART 1 NORMATIVE REFLECTIONS2. Dignity, vulnerability and human agency in the context of tobaccoDeryck Beyleveld3. Is there a human right to tobacco control?Andreas SchmidtPART 2 INTERNATIONAL AND REGIONAL HUMAN RIGHTS APPROACHES TO TOBACCO CONTROL AND THEIR LINK TO OTHER FIELDS OF LAW4. Tobacco control in international human rights lawOscar Cabrera and Andrés Constantin5. Accountability, human rights and the responsibilities of the tobacco industryLottie Lane6. Is there a European human rights approach to tobacco control?Amandine Garde and Brigit Toebes7. Exploring the role of the ASEAN in fostering human rights approaches to tobacco control in Southeast AsiaYi Zhang8. Tobacco use, exploitation and vulnerability in Africa: a human rights analysisObiajulu Nnamuchi9. Tobacco control in the Inter-American human rights systemOscar Cabrera and Andrés Constantin10. Human rights in the origins of the FCTCAllyn Taylor and Alisha McCarthy11. Human rights and tobacco control: lessons from illicit drugsDamon Barrett and Julie Hannah12. The role of IEL dispute settlement bodies in reinforcing the sovereign rights of States in the field of tobacco controlLukasz GruszczynskiPART 3 SPECIFIC ELEMENTS OF TOBACCO CONTROL LAW AND POLICY IN LIGHT OF HUMAN RIGHTS13. Smoke-free environments: lessons from ItalyStefania Negri14. The tobacco endgame: experiences from FinlandMilka Sormunen and Sakari Karjalainen15. E-cigarettes in Belgium : while the smoke clears the fog risesSteven Lierman and Mathijs van Westendorp16. Human rights and tobacco plain packaging in AustraliaAndrew Mitchell and Marcus Roberts17. ConclusionsBrigit ToebesIndex