5000 Citizens v. Article 3 of Law No. 28705
Five thousand Peruvian citizens brought action before the Constitutional Court challenging the constitutionality of an article of the tobacco control law that completely prohibits smoking in certain public places, including outdoor areas of educational facilities. They argued that these limits infringed on the right to personal autonomy, right to commerce, and right to economic freedom and that smoking should be allowed in outdoor areas of institutions for higher learning for adults and in special smoking areas. The Court dismissed the plaintiffs' suit and confirmed the constitutionality and legality of the law. The Court held that the law was strictly proportional, placing the right to health above the alleged violated rights, and that the smoking ban was the ideal means to comply with provisions of the Framework Convention on Tobacco Control (FCTC) that require protection from exposure to tobacco smoke.