MEDIA RELEASE
5 September 2007
For immediate release

Call To Use Human Rights Conventions To Limit Second-Hand Smoke Harm

A world leader in the campaign to force the tobacco industry to take responsibility for smoking-related diseases says international human rights treaties can be used to minimise exposure to second-hand smoke.

Richard Daynard, Professor of Law at Boston’s Northeastern University, told the Oceania Tobacco Control Conference in Auckland today that various human rights conventions "fill the gaps" in the Framework Convention on Tobacco Control, to which New Zealand is a signatory, and provide a broader platform for action.

"The Universal Declaration on Human Rights puts countries under the obligation to avoid serious environmental hazards or risks to life. The International Convention on Economic, Social and Cultural Rights protects the rights of everyone to the highest attainable standards of physical and mental health. The Convention on the Rights of the Child guarantees the maximum possible survival and development of the child, including the child's right to the highest attainable standard of health.

"Given that second-hand smoke is a proven killer, potentially impairing the health of all who are exposed to it, these conventions oblige signatories (including most countries in Oceania) to pass laws protecting all their citizens from exposure to second-hand smoke. Equally, they require signatories to take steps to reduce active smoking among all segments of their populations," Professor Daynard told the 370 international delegates.

Professor Daynard said lawmaking based on these and other conventions, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) will limit the exposure to second-hand smoke of, especially, children and women, who he says, present a special case.

"In many countries women are less likely to smoke than men. But their exposure to second-hand smoke is as great or greater. Furthermore, exposure to second-hand smoke during pregnancy harms the foetus. Finally, the lower prevalence of smoking among women presents a marketing challenge to tobacco companies, who frequently direct their recruitment efforts to women and girls."

Professor Daynard said transforming these conventions into concrete action would further hold the tobacco industry accountable for the violation of women's and children's rights and the health rights of all.

In addition, Professor Daynard said many of the conventions required regular reporting to an international expert committee about a government's compliance with these treaties.

"Health groups can contribute to these reports, or they can make independent 'shadow' reports. Evaluations of the country's efforts and success in reducing smoking and exposure to second-hand smoke in these reports may produce a response from the expert committees that clarify the need and strengthen the political will to take effective measures. Indeed, concern about possible public criticism from these committees may encourage effective action even before the reports are due."

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