TOBACCO CONTROL LAWS

Mishali v. Ha'Emek Hospital

Plaintiffs brought a lawsuit against a hospital and other agencies for lack of efficient enforcement of a law prohibiting smoking in public spaces.  The court denied the petition, citing an official answer by the Hospital and Ministers of Health and Police that they have already taken measures to further enforcement of the law.

DOWNLOAD DOCUMENT

Mishali v. Ha'Emek Hospital in Afula, HCJ 7013/97, Israel Supreme Court (1999)

  • Israel
  • Jun 30, 1999
  • Supreme Court Sitting as High Court of Justice

Parties

Plaintiff

  • Golan Mishali
  • Hila Tuchmacher Mishali

Defendant

  • Ha'Emek Hospital in Afula
  • Mayor of Afula
  • Minister of Health
  • Minister of Police

Legislation Cited

Prevention of Smoking and Exposure in Public Places Act, 1983 (as amended)

Related Documents

None

Type of Litigation

Government Enforcement Action
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
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)

Substantive Issues

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by