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
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Parties

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

None

"With respect to the first grounds of the challenge, this Court considers that the alleged violation of Article 43 of the Constitution does not exist, inasmuch as the establishing of limits on smoking in certain places does not imply, as alleged by the claimant in its brief, that the State has promoted a limitation of the freedom of industry and commerce of the entities manufacturing, producing, distributing and marketing tobacco products, as the purpose of the challenged norm is not to regulate such activities, but to regulate their consumption to protect the right to health of the consumers themselves, and that of non smokers."
"Regarding the aforesaid international instrument, health specialists have stated that May 21, 2003, was a historical day for world public health. At the 56th World Health Assembly, all 192 Member States of the World Health Organization (WHO) unanimously adopted the first world public health treaty, which is the WHO Framework Convention on Tobacco Control. Negotiated under the auspices of the WHO, it is the first legal instrument designed to reduce tobacco-related deaths and diseases around the world. Among many other measures, the treaty requires that the states impose restrictions on advertising, sponsorship and promotion of tobacco; adopt a new packaging and labeling of the tobacco products; and strengthen the laws to vigorously fight tobacco contraband. One of the most significant matters under the Convention in question refers to exposure to tobacco smoke, approached in its Article 8. In such Article, the treaty recognizes that there is scientific proof that exposure to tobacco smoke causes death, disease and disability. Therefore, it requires that all governments implement effective measures to protect nonsmokers from tobacco smoke in enclosed public places, including work places and public transportation. The purpose of the Convention in question is to “protect current and future generations from the devastating social, environmental, economic and health consequences of tobacco use and exposure to tobacco smoke, providing a frame for the Parties at the national, regional and international levels to implement the measures necessary to control tobacco…”. In attention to the mandate established by the international norm, the State of Guatemala enacted Decree 74-2008, by the Congress of the Republic, as a means of investing with continuity the public policies recognizing the right to health as a fundamental human right and, at the same time, considering the health of the people of the Nation to be a public good."