Children’s rights and tobacco control

Abstract

Introduction Tobacco morbidity and mortality disproportionately affect children, especially those living in low socioeconomic conditions. We will analyse how international and regional human rights regimes contribute to protecting and promoting specific aspects of child health and development in tobacco control enforcement. We will demonstrate both the power and limitations of using international and regional human rights systems in countering the negative effects of tobacco. Methods This paper and presentation will present a legal analysis. The methods used include literature and document analysis in the form of treaty interpretation. Results • Although prenatal tobacco-related harm has the most detrimental effect on child health and development, adults and society at large, unborn children as such do not receive explicit human rights protection but the right to health of children is understood as to include prenatal care; • Governments hold clear obligations to protect children against ETS. A protective approach is particularly acute for young children in light of their best interests; • Taking into account the evolving capacities of children adolescents should be involved in tobacco regulation aimed at demand reduction and cessation amongst adolescents; • Governments should regulate the tobacco industry; not just to prevent children from being involved in tobacco farming but also to the extent that their marketing and advertisement strategies no longer target children. Conclusions The international human rights framework provides for a promising framework on children’s rights protection in relation to tobacco control and preventive care. In line with children’s incremental development, human rights law shows potential yet also reflects inherent shortcomings to effectively protect children against tobacco-related harm across the entire tobacco supply chain. Funding The research underlying this paper was carried out as part of a three-year research project into children’s rights and tobacco control funded by the Dutch Cancer Society. The funding body did not play any role in drafting the study design, the data collection and analysis, nor in the writing or reviewing of this manuscript. The authors report no conflict of interest.

Keywords

• youth
• prevention
• tobacco