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Judicial Review of Law No. 36 of 2009, Ruling in Case No. 24 [Indonesia] [September 05, 2012]
Officials from a local Indonesian farming administration and their representative farmers challenged the constitutionality of Article 113 of Indonesia’s Health law. The farmers claimed the law excluded any beneficial uses for tobacco and thus severely damaged their livelihoods as tobacco farmers. The court accepted the arguments and found that tobacco also has other beneficial uses despite its dangers to human health. The court granted the petition holding parts of Article 113 unconstitutional and suggesting a changing of the wording to embody the court’s ruling.
Judicial Review of Law No. 36 of 2009, Ruling in Case No. 66 [Indonesia] [September 05, 2012]
Petitioners, Indonesian tobacco farmers and workers in the tobacco industry, filed a constitutional challenge to Indonesia’s Health law that regulated the use of tobacco. After establishing the right of the petitioners to challenge the law, the court looked at previous challenges to the same law. The court decided that petitioners’ challenge was close enough to previous, already decided challenges, to preclude this case and rejected the petition.
Molina, et al. v. Dimon do Brasil Tabacos Ltda, et al. [Brazil] [July 20, 2008]
Plaintiffs, small farmers growing tobacco, brought action against tobacco companies, claiming that the companies had acted in bad faith by providing the plaintiffs misleading information on the plantation systems and failing to provide technical support promised to the plaintiffs. The plaintiffs sought the annulment of the contract with the companies and compensation for economic loss allegedly resulting from the use of toxic products in the plantations. The companies alleged that they had not acted in bad faith, claiming that all the technical support had been provided and that the loss of the plantations was due to climate conditions that were beyond their control. The Court ruled in favor of the plaintiffs, finding that the companies had known that the region was not adequate for tobacco plantations, but decided to nevertheless pursue the idea to benefit from the labor of semi-illiterate small farmers who could be paid less than those in other regions. The Court ordered the companies to pay damages and annulled the contract.
FCTC ex officio review by the Constitutional Court [Colombia] [August 29, 2007]
According to the National Constitution, the Colombian Constitutional Court must decide on the constitutionality of treaties and the laws that approve them. In compliance with this obligation, the Constitutional Court declared the WHO Framework Convention on Tobacco Control and the national law that approves it constitutional and considered the FCTC an essential international instrument to prevent and counteract the harmful consequences of tobacco consumption.