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The Minister of Justice appealed an order of a lower administrative court requiring that a prisoner be reassigned to a cell where the prisoner would not be exposed to second-hand smoke. The lower court found that the failure to reassign the prisoner would violate a provision of the Administrative Justice Code because forced exposure to second-hand smoke violates the prisoner’s right to health. The Conseil d’Etat vacated the lower court’s order, finding that even if the protection of public health is a constitutional principle, the right to health as such is not a fundamental right / freedom that would have to be imposed by the Administrative Justice Code. The Conseil d’Etat also found that the prisoner’s exposure to second-hand smoke was sufficiently limited because none of his cellmates smoked in the cell.