Heisei 15 Nagoya School Smoking Ban Case

A middle school teacher filed a suit against the city, alleging that its failure to enforce the smoking ban in its public schools violated his right to educate as an educator.  Evidence showed that despite a city ban of smoking in public schools, some staff (including the principal) of the public middle school smoked on campus.  The Court found that the city had violated the plaintiff's right to educate and ordered the city to enforce its own ban, and awarded the plaintiff monetary damage.

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Nagoya Chiho Saibansho [Nagoya Dist. Ct.] Feb. 26, 2004, Hei 15 (wa) No. 3073, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan).

  • Japan
  • Feb 26, 2004
  • Nagoya District Court

Parties

Plaintiff Anonymous plaintiff (原告)

Defendant City of Nagoya

Cited Legislation

Kokka Baishouho [National Compensation Act], Law No. 125 of 1947

Kyouiku Kihonho [The Fundamental Law of Education], Law No. 25 of 1947

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None