FIC Argentina v. Buenos Aires City Government
"FUNDACION INTERAMERICANA DEL CORAZON ARGENTINA SOBRE AMPARO", EXPTE: A80472-2013/0
- Aug 15, 2014
- Juzgado Contencioso Administrativo y Tributario N° 12, Sec. N°23
Plaintiff FUNDACIÓN INTERAMERICANA DEL CORAZÓN ARGENTINA
Defendant GOBIERNO DE LA CIUDAD DE BUENOS AIRES
Buenos Aires City - Law number 105
Buenos Aires City - Law number 106
Buenos Aires City - Tobacco control law number 1799, amended by law 3718
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)
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.
Right to Equal Protection
A violation of the right to equal protection under the law, or another form of discrimination. The industry may claim that regulations discriminate against tobacco companies or tobacco products. Smokers may claim that addiction is a health condition, so regulations discriminate against them based on their health condition. Facilities subject to smoke free laws may claim that smoke free (SF) exceptions (e.g., hotel rooms, mental hospitals, etc.) unfairly discriminate against SF businesses because the law should apply to all locations equally.
Right to Work
A violation of the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Type of Tobacco Product
A tobacco control NGO sued the Buenos Aires city government arguing that the lack of implementation of the local tobacco control law, with regards to smoke-free environments, violated the right to health. Furthermore, considering the violations of the law were higher in places like bars and night clubs, the NGO argued that workers in those places had lower standards of protection of their right to health. The judge rejected the lawsuit considering there was no illegal or arbitrary act from the local government. In addition, the judge stated that courts should not replace political decisions.