Guatemala Chamber of Commerce v. Guatemala (Docket 2158-2009)

The Guatemala Chamber of Commerce challenged the constitutionality of certain provisions contained in Guatemala's smoke free law.  The petitioner claimed that, among other things, the challenged provisions, which prohibit smoking in any enclosed space except for hotels and motels and establish pecuniary penalties for offenders, violate the freedom of industry and commerce.  Referencing the FCTC and emphasizing that the Guatemala Constitution recognizes health as a fundamental right of every person, the Court upheld the law.  Among other reasons for its decision, the Court concluded that the purpose of the challenged provisions is to regulate tobacco consumption to protect the right to health, not to limit the sale of tobacco products.


Guatemala Chamber of Commerce v. Guatemala (Docket 2158-2009), Corte de Constitucionalidad [Constitutional Court of the Republic of Guatemala, C.A.] (2009).

  • Guatemala
  • Feb 16, 2010
  • Constitutional Court of Guatemala


Plaintiff Guatemala Chamber of Commerce

Defendant Guatemala

Third Party

  • Congress of the Republic of Guatemala
  • Medicine Faculties of the Universities of the country
  • Ministry of Public Health and Social Welfare
  • Ministry of the Environment and Natural Resources
  • President of the Republic of Guatemala
  • Public Prosecutor's Office

Legislation Cited

International/Regional Instruments Cited

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product