A Human Rights analysis of South Africa’s Control of Marketing of Alcoholic Beverages Bill

Abstract

In 2013, the South African government drafted the Control of Marketing of Alcoholic Beverages Bill to address alcohol-related harms. This draft Bill aims to protect children’s health by restricting alcohol advertising but was opposed with arguments that advertising restrictions will violate human rights. Using the International Covenant on Civil and Political Rights and Siracusa Principles this paper assesses the claim that restricting alcohol advertising poses an unjustifiable limitation on human rights, including the right to freedom of expression. An analysis shows that the limitation may be justifiable to protect children’s right to health and their right to be free from all forms of violence. Restricting alcohol advertising is a government obligation to protect children’s rights from private sector violations.

Keywords

• International law
• Alcohol control
• Siracusa Principles
• Business
• Human Rigths