France

This judgment is the decision of France’s highest administrative court concerning various challenges to the smoke free decree adopted by the French Government.  Noting the possibility to install designated smoking rooms, under strict conditions (although this action in educational institutions),  M.Y., a teacher, claimed the decree discriminated between workers with respect to the smoking in the workplace and violated worker human rights.  Other pro-tobacco organizations also challenged the decree, alleging, among other things, that only the legislative branch can regulate smoke free places; that the conditions that must be met to install smoking rooms are so strict that they in effect prohibit smoking throughout public places; and that the smoking ban infringes on citizen’s human rights, the “right to smoke,” and the right of freedom of assembly.  The court rejected all claims.