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.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
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.
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
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.