LANGUAGE
Last updated: September 17th 2019

Smoke Free Status of Indoor Public Places, Workplaces, and Public Transport

All indoor workplaces

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking in all workplaces. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in workplaces. In addition, because the definition of “workplace” includes a residence used as a work place for some one, the ban extends to residences with domestic or other types of workers.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor workplaces.

All indoor public places

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking in all public places. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor public places.

All public transport

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking on all public transportation. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to all public transport.

Government facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking in all workplaces and public places, which encompasses all government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to government facilities.

Private offices

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking in all workplaces. Although the law goes on to list types of places that are smoke free, the list is exemplary and does not limit the ban on smoking in workplaces. Specifically included are "public and private entities aimed at any type of industrial, commercial or service activity." This is interpreted as including all indoor private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor private offices.

Hospitals

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals.

Residential healthcare facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. Therefore, smoking is prohibited in public areas of residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of residential healthcare facilities.

Non-residential healthcare facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in health entities. Therefore, smoking is prohibited in non-residential healthcare facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to non-residential healthcare facilities.

Childcare facilities/preschools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels,” “public and private entities aimed at any type of . . . service activity,” and “establishments serving minors.” These provisions encompass childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools.

Primary and secondary schools

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels.” Therefore, smoking is prohibited in primary and secondary schools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to primary and secondary schools.

Universities/vocational facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “institutions of formal and informal education of all levels.” Therefore smoking is prohibited in all parts of universities and vocational facilities, including dormitories. Further, the definition of “workplace” includes a place that is a “residence for some people and a work place for others.” Thus, smoking is prohibited in the entire premises of universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities and vocational facilities.

Shops

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “stores” and “public and private entities aimed at any type of . . . commercial or service activity.” Therefore, smoking is prohibited in all shops and stores.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops and stores.

Cultural facilities

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in “museums and libraries” and “cultural spaces.”

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to cultural facilities.

Indoor stadium/arenas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in stadiums and sports facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to stadiums and arenas.

Restaurants

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to restaurants.

Bars/pubs/nightclubs

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in bars, pubs, dance halls and “public and private entities aimed at any type . . . commercial or service activity.” Therefore, smoking is prohibited in bars, pubs and nightclubs.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to bars, pubs and nightclubs.

Casinos

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in casinos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to casinos.

Hotels/lodging - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in hotels. Therefore, smoking is prohibited in the public areas of hotels and other lodging.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of hotels.

Hotels/lodgings - guest rooms

Uncertain
The smoke free status of the place is uncertain due to the lack of clarity in the law or inability to obtain all relevant laws.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places, and specifically prohibits smoking in hotels. The definition of “workplace” includes a place that is a “residence for some people and a work place for others.” Therefore, the law is interpreted as banning smoking in guestrooms of hotels as well as other areas of hotels. However, in practice, it is still possible to book a smoking room in hotels. Therefore, the regulatory status “Uncertain” is assigned.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should make clear that smoking in guest rooms of hotels and other lodging is prohibited.

Prisons/detention facilities - public areas

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in all workplaces and public places. Prisons and detention facilities are workplaces for some people, and therefore the law is interpreted as banning smoking in public areas of prisons and detention facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public areas of prisons and detention facilities.

Trains, buses and other shared ground transportation other than taxis

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking on all public transportation. Therefore, smoking is prohibited on trains, buses and other shared ground transportation.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to trains, buses and other shared ground transportation.

Taxis (for-hire vehicle)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law prohibits smoking on all public transportation, the definition of which includes taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis.

Commercial aircraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

Law No. 1335 prohibits smoking on all public transportation. This is interpreted as encompassing commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft.

Commercial watercraft

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

Law No. 1335 prohibits smoking on all public transportation. This is interpreted as encompassing commercial watercraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft.

Public transport facilities (waiting areas for mass transit)

100% Smoke Free
100% smoke free environment throughout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in workplaces and public places, and specifically prohibits smoking in “public and private entities aimed at any type of . . . commercial or service activity, including its customer service areas and waiting rooms.” These provisions are interpreted as prohibiting smoking in public transportation facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transportation facilities.