LANGUAGE
Last updated: June 4th 2021

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 prohibits smoking in a specified list of types of public places. Due to this, certain types of workplaces may escape the smoking ban, either intentionally or unintentionally. For example, indoor stadiums and arenas, bus stations, and train stations (which are workplaces for some people) are not on this list. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and indoor public places, and define "workplace" and "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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 prohibits smoking in a specified list of types of public places. Due to this, certain types of places may escape the smoking ban, either intentionally or unintentionally. For example, indoor stadiums and arenas, bus stations, and train stations are not on this list. Therefore, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and indoor public places, and define "workplace" and "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

All public transport

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 prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes."

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 within the premises of presidential bodies, ministries, and departments. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited inside government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 prohibits smoking in "business offices." While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in private offices.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in hospitals.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. 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 smoking in 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 within the premises of health institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. 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 smoking in 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

The law prohibits smoking within the premises of educational and teaching institutions. This is interpreted as covering childcare facilities and preschools. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in childcare facilities and preschools.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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.
Analysis

The law prohibits smoking within the premises of educational and teaching institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. 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 smoking in 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 within the premises of educational and teaching institutions. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in universities and vocational facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 "commercial markets", which includes shops. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in shops.

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

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 theaters and cinemas, as well as government ministries and departments. Because cultural facilities are run by the Ministry of Culture, the law is interpreted as prohibiting smoking in all cultural facilities. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present.

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

Indoor stadium/arenas

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.
Analysis

The law prohibits smoking in specified types of public places. Indoor stadiums and arenas do not fall within any of the specified categories. However, the Ministry of Youth and Sports is tasked with ensuring compliance with the ban on smoking in sports facilities and youth centers. Therefore, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including 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 restaurants. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in the premises of restaurants.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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 "clubs" and "restaurants," which is interpreted as covering all bars, pubs, and nightclubs. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in the premises of bars, pubs, and nightclubs.

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

Casinos

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.
Analysis

The law prohibits smoking in specified types of public places. Casinos do not fall within any of the specified categories. However, it is unclear whether there are currently any casinos in Iraq. Therefore, the regulatory status "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including casinos if they exist in Iraq.

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 hotels. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in public areas of hotels.

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

Hotels/lodgings - guest rooms

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 hotels. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Therefore, smoking is prohibited in hotel guest rooms.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hotel guest rooms.

Prisons/detention facilities - public areas

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.
Analysis

The law prohibits smoking in government "ministries and departments." Because prisons and detention facilities are often run by government entities, this provision could be interpreted as prohibiting smoking in public areas of prisons and detention facilities. However, because the law does not clearly state that smoking is prohibited in all government facilities, including prisons and detention facilities, the regulatory status code "Uncertain" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including 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 collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." 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 smoking in 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.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in commercial aircraft.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in 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.
Analysis

The law prohibits smoking in "all collective public and private means of transportation, whether by land, sea or air, either on domestic or foreign routes." Therefore, smoking is prohibited in commercial watercraft.

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

Public transport facilities (waiting areas for mass transit)

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 prohibits smoking within the premises of airports. While the law permits designated smoking areas, these smoking areas must be located outside the premises and "at a distance" from where non-smokers are present. Thus, smoking is prohibited at airports. However, the law does not address smoking in other public transportation facilities, such as bus and train stations. Consequently, the law is interpreted as allowing smoking in these types of transport facilities. Therefore, the regulatory status code "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all types of indoor public places and workplaces, including all public transport facilities.