5000 Citizens v. Article 3 of Law No. 28705

Five thousand Peruvian citizens brought action before the Constitutional Court challenging the constitutionality of an article of the tobacco control law that completely prohibits smoking in certain public places, including outdoor areas of educational facilities. They argued that these limits infringed on the right to personal autonomy, right to commerce, and right to economic freedom and that smoking should be allowed in outdoor areas of institutions for higher learning for adults and in special smoking areas. The Court dismissed the plaintiffs' suit and confirmed the constitutionality and legality of the law. The Court held that the law was strictly proportional, placing the right to health above the alleged violated rights, and that the smoking ban was the ideal means to comply with provisions of the WHO Framework Convention on Tobacco Control (WHO FCTC) that require protection from exposure to tobacco smoke. 


5000 Citizens v. Article 3 of Law N.º 28705, EXP. N.º 00032-2010-PI/TC, Tribunal Constitucional del Perú [Constitutional Court](2011).

  • Peru
  • Jul 19, 2011
  • Constitutional Court (Tribunal Constitucional del Perú)


Plaintiff 5000 Citizens

Defendant Peru (Article 3 of Law N.º 28705)

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product