Minister of Justice v. X.

The Minister of Justice appealed an order of a lower administrative court requiring that a prisoner be reassigned to a cell where the prisoner would not be exposed to second-hand smoke. The lower court found that the failure to reassign the prisoner would violate a provision of the Administrative Justice Code because forced exposure to second-hand smoke violates the prisoner’s right to health.  The Conseil d’Etat vacated the lower court’s order, finding that even if the protection of public health is a constitutional principle, the right to health as such is not a fundamental right / freedom that would have to be imposed by the Administrative Justice Code. The Conseil d’Etat also found that the prisoner’s exposure to second-hand smoke was sufficiently limited because none of his cellmates smoked in the cell.


Minister of Justice v. X., Case No. 284803, Conseil d'Etat (2005).

  • France
  • Sep 8, 2005
  • Conseil d'Etat (high administrative court)


Plaintiff Minister of Justice

Defendant X.

Legislation Cited

Administrative Justice Code L521-2

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