TOBACCO CONTROL LAWS

The Queen on the application of G, et al. v. Nottinghamshire Healthcare NHS Trust, et al.

Three claimants, who were, or had been, detained at a mental health facility, challenged a government regulation banning smoking in mental health facilities based on the right of privacy in the home and the right to protection against discrimination against mentally ill persons. Rejecting the notion of an absolute right to smoke wherever one is living, the Court upheld the regulation, reasoning that in light of health considerations and the rights and freedoms of others, the law may place restrictions smoking without interfering with the smoker's general rights, including the right to privacy and family life.

The Queen on the application of G, et al. v. Nottinghamshire Healthcare NHS Trust, et al., [2008] EWHC 1096 (admin), High Court of Justice, Queen's Bench Division, Administrative Court (2008).

  • United Kingdom
  • May 20, 2008
  • High Court of Justice, Queen's Bench Division, Administrative Court
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Parties

Plaintiff

  • The Queen on the application of B
  • The Queen on the application of G
  • The Queen on the application of N

Defendant

  • Nottinghamshire Healthcare NHS Trust
  • Secretary of State for Health

Legislation Cited

Health Act 2006

Human rights Act 1998

Smoke-free (Exemption & Vehicles) Regulations 2007 (SI 2007/765)

International/Regional Instruments Cited

Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights)

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

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.
Right to Self-Determination
Smokers’ rights groups may claim that governments interfere with consumers’ freedom of choice when they regulate tobacco use.
"Right to Smoke"
The tobacco companies and some individual plaintiffs argue that there is a right to smoke.
Right to Privacy
This is the right to a private personal and family life without intrusion from the government.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

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