TOBACCO CONTROL LAWS

Balderas Woolrich v. Mexico

The plaintiff, a Mexican national, presented an appeal for legal protection, arguing that 1) certain modifications and derogations of the General Health Law (Ley General de Salud) in favor of tobacco consumption constitute a violation of the constitutional right to health and of the American Convention on Human Rights and 2) the present  tobacco control law, General Law for Tobacco Control (Ley General para el Control del Tabaco), does not establish sufficient protections for the right to health and does not comply with the minimum levels of protection required by the Framework Convention on Tobacco Control. Although the Court determined that the claims do affect the legal interest of the plaintiff and recognized the right to health, the Court dismissed the case on procedural grounds. 

Balderas Woolrich v. Mexico, Amparo en Revisión 315/2010, Suprema Corte de Justicia de la Nación [Supreme Court](2011).

  • Mexico
  • Mar 28, 2011
  • Supreme Court (Suprema Corte de Justicia de la Nación)
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Parties

Plaintiff Jorge Francisco Balderas Woolrich

Defendant Mexico

Legislation Cited

General Law on Tobacco Control (Ley General para el Control del Tabaco)

General Health Law (Ley General de Salud)

International/Regional Instruments Cited

American Convention on Human Rights (Pact of San José)
WHO Framework Convention on Tobacco Control (WHO FCTC)

Related Documents

None

Type of Litigation

Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Sales to or by Minors
Measures restricting tobacco sales to or by minors, as well as other retail restrictions relating to point-of-sale, candy and toys resembling tobacco products, vending machines, or free distribution. (See FCTC Art. 16)

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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