LANGUAGE
Last updated: January 14th 2020

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.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in indoor areas of public workplaces.

However, designated smoking areas are allowed in certain indoor workplaces, namely: care facilities for the elderly; psychiatric hospitals; and prisons. Additionally, hotel rooms may be designated for smoking. Where indoor smoking is permitted, the law requires the room to be insulated and ventilated so that no smoke or odor escapes. It is important to note that the FCTC Art. 8 Guidelines provide that there is no safe level of exposure to tobacco smoke and Parties to the FCTC acknowledge that ventilation or air exchange approaches do not protect against exposure to tobacco smoke.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should require all parts of all indoor public places and workplaces and public transport to be 100% smoke free without exceptions or exemptions. For better clarity, the law should also define "workplaces."

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.
Expand to view related litigation.
Analysis

The law generally prohibits smoking in indoor public places, because it prohibits smoking in indoor public workplaces and indoor areas of buildings that are privately owned by legal entities and used for educational, health, commercial, social, cultural, sports, and entertainment purposes including hallways with room for more than one person (except private houses). Additionally, smoking is prohibited in restaurants owned by legal entities and entertainment establishments such as cafes, cafeterias, and bars.

However, designated smoking areas are allowed in certain indoor workplaces, namely: care facilities for the elderly; psychiatric hospitals; and prisons. Additionally, hotel rooms may be designated for smoking. Where indoor smoking is permitted, the law requires the room to be insulated and ventilated so that no smoke or odor escapes. It is important to note that the FCTC Art. 8 Guidelines provide that there is no safe level of exposure to tobacco smoke and Parties to the FCTC acknowledge that ventilation or air exchange approaches do not protect against exposure to tobacco smoke.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of indoor public places and workplaces without exemptions or exceptions. Additionally, the law should define "public places" for better clarity.

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 in intercity, railway, sea, and air mass transportation vehicles, including private taxis. Therefore, the law prohibits smoking in all enclosed public transport.

The law could be strengthened by applying the FCTC Art. 8 Guidelines' definition of "public transport" and prohibiting designated smoking areas on the decks of ships carrying passengers on international routes or between cities. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public transportation, whether enclosed or not.

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 indoor areas of public workplaces, which would include most government facilities.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with regard 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

Smoking is prohibited in indoor areas of public workplaces and indoor areas of buildings that are privately owned by legal entities and used for commercial purposes.

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.
Expand to view related litigation.
Analysis

Smoking is prohibited in indoor areas of buildings that are privately owned by legal entities and used for health purposes, as well as in indoor areas of public workplaces. Hospitals are facilities used for health purposes and are therefore 100% smoke free.

However, the law allows psychiatric hospitals and facilities for the elderly to have designated smoking areas and those facilities are evaluated separately in this review.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to hospitals. The law could be strengthened by defining the terms "public places" and "workplaces" in accordance with the FCTC Art. 8 Guidelines.

Residential healthcare facilities - public areas

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.
Expand to view related litigation.
Analysis

Smoking is prohibited in indoor areas of buildings that are privately owned by legal entities and used for health purposes, as well as in indoor areas of public workplaces. Although public areas of residential healthcare facilities are included in these categories, the law allows psychiatric hospitals and facilities for the elderly to have designated smoking areas. The law does not differentiate between public areas and patient rooms.

Also according to Circular 2009/13, areas designated for consumption of tobacco products may be established, so as not to exceed 10% of the total area, in nursing homes, in units where mental health patients are treated as inpatients, and in penalty execution institutions.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in residential healthcare facilities by prohibiting smoking in all parts of public places and workplaces without any exemptions or exceptions.

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 prohibits smoking in indoor areas of public workplaces. Additionally, the law prohibits smoking in indoor areas of buildings that are privately owned by legal entities and used for health purposes. Non-residential healthcare facilities like health clinics can be categorized as public workplaces or privately owned 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 prohibits smoking in the indoor and outdoor areas of preschool educational institutions, primary and secondary schools, and private establishments preparing students for various examinations.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to childcare facilities/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 prohibits smoking in the indoor and outdoor areas of preschool educational institutions, primary and secondary schools, and private establishments preparing students for various examinations.

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 prohibits smoking in "private establishments preparing students for various examinations and cultural and social service buildings"; "indoor areas of buildings that are privately owned by legal entities and used for educational purposes"; and "indoor areas of public workplaces."

Therefore, because universities and vocational facilities are used for education purposes and are workplaces, smoking is prohibited in these places.

The law aligns with the FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to universities/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 prohibits smoking in indoor areas of buildings that are privately owned by legal entities and used for commercial purposes including hallways with room for more than one person. The law also bans smoking in indoor areas of public workplaces.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as making shops or stores 100% smoke free.

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 prohibits smoking in indoor areas of buildings that are privately owned by legal entities and used for cultural purposes.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as making cultural facilities 100% smoke free.

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 prohibits smoking in indoor areas of buildings that are privately owned by legal entities and used for cultural, sports, and entertainment purposes.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as making indoor stadiums/arenas 100% smoke free.

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 prohibits smoking in restaurants owned by legal entities and entertainment establishments such as cafes, cafeterias and bars.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as making restaurants 100% smoke free.

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 prohibits smoking in restaurants owned by legal entities and entertainment establishments such as cafes, cafeterias and bars.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as making bars/pubs/nightclubs 100% smoke free.

Casinos

Not Applicable
The listed place does not exist in the country.
Analysis

We understand that casinos do not exist in Turkey.

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

Smoking is prohibited in indoor areas of public workplaces and indoor areas of buildings that are privately owned by legal entities and used for commercial, social, and entertainment purposes. However, the law also states that “special rooms can be designated for hotel guests that consume tobacco products.”

“Special rooms” exceptions are interpreted to apply only to guest rooms and not to the public areas of the hotel, especially when read in conjunction with Circular 2009/13.

Under this interpretation, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines because smoking in public areas of hotels and other lodging is prohibited.

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.
Expand to view related litigation.
Analysis

Smoking is prohibited in indoor areas of public workplaces and indoor areas of buildings that are privately owned by legal entities and used for commercial, social, and entertainment purposes. However, the law also states that “special rooms can be designated for hotel guests that consume tobacco products.” Such rooms are required to use ventilation approaches. Under Circular 2009/13: “Proper ventilation fixings complying with the standards shall be installed in any rooms of any establishments providing hotel services which are allocated for the accommodation of consumers of tobacco products. Such allocated rooms shall take place in separate sections, i.e., on the same floor, corridor, if possible.” This provision implies that it is guest rooms, not public areas of hotels, which may be designated for smoking.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines the law prohibit smoking in all parts of indoor public places and workplaces, including hotel guest rooms, without any exemptions or exceptions. The law could be strengthened by also defining the terms “public places” and “workplaces” in accordance with the FCTC Art. 8 Guidelines.

Prisons/detention facilities - public areas

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.
Expand to view related litigation.
Analysis

The law allows designated smoking areas in prisons, so long as they are insulated and ventilated to prevent any odor or smoke from escaping. It is important to note that it is not technically possible to prevent odor or smoke from escaping from indoor designating smoking areas. The designated smoking area in prisons may not exceed 10% of the total area of the prison.

The law does not specify whether the smoking areas are restricted to public areas or individual cells, so we assume for these purposes that smoking areas may be established in either.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law smoking in all parts 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 in intercity, railway, sea, and air mass transportation vehicles, including private taxis. Similarly, tobacco products may not be consumed in highway, railway, seaway, and airway mass transportation vehicles, including those that provide taxi services.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as requiring trains, buses, and other shared ground transportation to be 100% smoke free.

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 in intercity, railway, sea, and air mass transportation vehicles, including private taxis. Similarly, tobacco products may not be consumed in highway, railway, seaway, and airway mass transportation vehicles, including those that provide taxi services.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as requiring taxis to be 100% smoke free.

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

The law prohibits smoking in intercity, railway, sea, and air mass transportation vehicles, including private taxis. Similarly, tobacco products may not be consumed in highway, railway, seaway, and airway mass transportation vehicles, including those that provide taxi services.

In this regard, the law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in so far as requiring commercial aircraft to be 100% smoke free.

Commercial watercraft

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.
Expand to view related litigation.
Analysis

The law prohibits smoking in intercity, railway, sea, and air mass transportation vehicles, including private taxis.

However, the law allows designated smoking areas on decks of ships carrying passengers on international routes or between cities. Minors under 19 years of age are not be permitted to enter these designated smoking areas.

Circular 2009/13 limits the designated smoking areas to no more than 10% of the total area of the ship and requires the areas to be isolated in such a way as to prevent the impact of smoking on other passengers.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all means of public transport.

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

Smoking is prohibited in indoor areas of public workplaces and indoor areas of buildings that are privately owned by legal entities and used for commercial purposes. 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 smoking in public transportation facilities.

Driver's seat in private cars

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.