LANGUAGE
Last updated: September 18th 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because these are workplaces for some people, 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 indoor workplaces, including all parts of international airports and prisons.

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because transit areas of international airports are public places, 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 indoor public places, including all parts of international airports.

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. Therefore, all means of public transport are smoke free.

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in government facilities, which are public places and/or workplaces depending on the type of government facility.

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports 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.
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Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, hospitals are smoke free.

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.
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Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, public areas of residential healthcare facilities are smoke free.

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.
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Analysis

Law No. 349 of 2002, Art. 3(1^1) prohibits smoking in state-owned and private healthcare facilities. Therefore, non-residential healthcare facilities are smoke free.

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.
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Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) specifically prohibits smoking in “state-owned or private . . . education facilities and those providing child protection and assistance.” 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.
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Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) prohibits smoking in “state-owned or private . . . education facilities.” 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.
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Analysis

Law No. 349 of 2002, Art. 3 prohibits smoking in all indoor public places and workplaces, and Art. 3(1^1) specifically prohibits smoking in “state-owned or private . . . education facilities.” 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in cultural facilities.

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

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in indoor stadiums and arenas.

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

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. 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 smoking in 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in casinos.

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

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Therefore, smoking is prohibited in public areas of hotels and lodging.

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

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because the law does not specifically exempt guest rooms in hotels and lodging, the law is interpreted as prohibiting smoking in guest rooms in hotels and lodging.

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

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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” The law provides for only two exceptions to the ban - for inmate cells in maximum security prisons and designated rooms in the transit areas of international airports. Because the law does not exempt public areas in prisons and detention facilities (while specifically exempting some prison cells), the law is interpreted as prohibiting 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 smoking in 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. 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 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. 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.
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Analysis

Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport,” with limited exceptions that do not include public transport. 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.
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Analysis

Article 3(1) of Law No. 349 of 2002 prohibits smoking “in all enclosed public spaces, enclosed spaces at the place of employment, [and] public transport.” However, Art. 3(2) provides an exception, permitting smoking in “specially designated rooms only in the transit area of international airports.” Because of this exemption, 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 public transport facilities, including all parts of international airports.