TOBACCO CONTROL LAWS

Saenz Sibaja v. Municipality of Oreamuno

The plaintiff filed an appeal for legal protection against his employer, the Municipality of Oreamuno, claiming that the smoking area near the dining area of the government building where he worked constituted a violation of the domestic tobacco control laws, including the federal law implementing the FCTC.  Additionally, the plaintiff claimed the smoking area violated his right to health and his right to a healthy and safe work environment. The Regulatory Law on Smoking (Ley de Regulación del Fumado) prohibits smoking in public offices, except in specific regulated areas that must be kept as far away as possible from dining areas where other workers could be affected. The Court ordered the Municipality of Oreamuno to relocate the smoking area away from shared spaces.  The Court held that just requiring a smoker to abstain from smoking while other workers are around is an insufficient measure as it creates a harmful working environment. The Court ordered the Municipality to pay costs and damages to anyone affected by the smoking area.

Saenz Sibaja v. Municipality of Oreamuno, Res. No. 014593-2008, Corte Suprema de Justicia [Supreme Court](2008).

  • Costa Rica
  • Sep 26, 2008
  • Supreme Court (Corte Suprema de Justicia)
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Parties

Plaintiff Seily Saenz Sibaja

Defendant Municipality of Oreamuno

Legislation Cited

Executive Decree No. 25462-S on Smoking Law Regulations

Law No. 7501 on Smoking Law Regulations

Circular No. 03-2006 of the Municipality of Oreamuno (January 27, 2006)

Federal Law implementing FCTC (published in Gaceta No. 157 of August 14, 2008)

International/Regional Instruments Cited

American Convention on Human Rights (Pact of San José)
WHO Framework Convention on Tobacco Control (WHO FCTC)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Universal Declaration of Human Rights (UDHR)

Related Documents

None

Type of Litigation

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

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.
Right to Life
A violation of the right to not be killed by another person. Arguments may also be similar or tied to right to health arguments.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Employment and Disability Law Violation
A claim against an employer involving a person who is harmed by secondhand smoke exposure in the workplace. For example, an employee with asthma may sue their employer for failing to protect them from exposure to secondhand smoke in the office or an employee with cancer may sue for workers’ compensation benefits. This may also include claims for workers' compensation. Disability laws also may protect customers who are not able to patronize a business filled with smoky air because of their disability.

Type of Tobacco Product

None

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