LANGUAGE
Last updated: September 17th 2019

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

All indoor workplaces

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in enclosed workplaces. The law provides one exemption to the smoking ban, allowing smoking in up to 10% of hotel guestrooms provided the rooms are designated as smoking rooms and comply with the Regulations. The Regulations require that “smoking rooms” preferably have balconies, be in blocks, are clearly identified at the doors, and children under 18 may not be allowed in such rooms. Because hotel guestrooms are workplaces for some people, the regulatory status code “Smoking is Restricted” is given, rather than “100% Smoke Free.”

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party. In addition, while the law generally complies with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the scope of the ban could be clarified by defining “workplace.”

All indoor public places

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in enclosed public places. The law provides one exemption to the smoking ban, allowing smoking in up to 10% of hotel guestrooms provided the rooms are designated as smoking rooms and comply with regulations. Although guestrooms are not public places, permitting smoking in some guestrooms will result in exposure to tobacco smoke in other areas of the hotel, including public areas. Therefore, the regulatory status code “Smoking is Restricted” is given rather than “100% Smoke Free.”

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention's entry into force for that Party. In addition, while the law generally complies with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the scope of the ban could be clarified by defining “public place.”

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.
Analysis

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

The law prohibits smoking in public institutions. Therefore smoking is prohibited in 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.
Analysis

The law generally prohibits smoking in enclosed workplaces, which is interpreted to include all private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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.
Analysis

The law prohibits smoking in health facilities; 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.
Analysis

The law prohibits smoking in all health facilities; 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.
Analysis

The law prohibits smoking in all health facilities. Therefore smoking is prohibited in all 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.
Analysis

Article 21c of the Organic Law prohibits smoking in all education facilities and therefore smoking is prohibited in preschools. Article 21b of the law prohibits smoking in workplaces, places of public service and public access. This provision is interpreted as prohibiting smoking in childcare facilities, as these facilities are both workplaces and public places.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities and preschools. However, the law could be clarified by defining “workplace” and “place of public service.”

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.
Analysis

The law prohibits smoking in enclosed spaces of education facilities at any level. 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.
Analysis

The law prohibits smoking in enclosed spaces of education facilities at any level. Therefore, smoking is prohibited in enclosed areas 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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Shops are workplaces, places for public service and places of public access and therefore smoking is prohibited in shops. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to shops or 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.
Analysis

The law prohibits smoking in public institutions and in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in cultural facilities, as some are public institutions and all are workplaces and places of public access.

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.
Analysis

The law prohibits smoking in indoor places for sports activities and in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in indoor stadiums and arenas, as these are often used for sports activities and are also workplaces and places of public access. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to indoor 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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in restaurants, as these are workplaces for some people, places for public service and places of public access. 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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in bars, pubs and nightclubs, as these are workplaces for some people, places for public service and places of public access. 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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in casinos, as these are workplaces for some people, places for public service and places of public access. 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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public areas of hotels, as these are workplaces for some people, places for public service and places of public access. The sole exemption to the smoking ban is for designated guest rooms in hotels, further evidencing that smoking is prohibited in public areas of hotels.

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

Hotels/lodgings - guest rooms

Smoking is Restricted
Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law generally prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” The sole exemption to the smoking ban is for designated guest rooms in hotels. Up to 10% of rooms in hotels and lodging may be dedicated exclusively for smokers. The Regulations require that “smoking rooms” preferably have balconies, be in blocks, are clearly identified at the doors, and children under 18 may not be allowed in such rooms. Because some rooms may be dedicated as smoking rooms, the regulatory status “Smoking is Restricted” is given.

FCTC Art. 8 Guidelines para. 24 provides that Parties have a continuous obligation to remove any exemptions as soon as possible, and each Party should strive to provide universal protection within five years of the WHO Framework Convention’s entry into force for that Party.

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.
Analysis

The law prohibits smoking in public institutions and “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public areas of prisons and detention facilities, as these are public institutions, workplaces for some people and places of public access for some people.

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.
Analysis

The law prohibits smoking in all “means of public transportation for the general public.” Therefore, smoking is prohibited in 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. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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.
Analysis

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in taxis. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to taxis. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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.
Analysis

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in commercial aircraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial aircraft. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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.
Analysis

The law prohibits smoking in all “means of public transportation for the general public.” This is interpreted as prohibiting smoking in commercial watercraft. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to commercial watercraft. However, to clarify the scope of the ban and aid in enforcement, the law should contain a definition of “public transport” in accordance with the definition contained in the FCTC Art. 8 Guidelines.

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.
Analysis

The law prohibits smoking in “all enclosed spaces that are workplaces, places for public service and of public access.” Therefore, smoking is prohibited in public transport facilities, as these are workplaces for some people, places for public service and places of public access. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to public transport facilities.