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Caceres Corrales v. Colombia

Plaintiff Corrales challenged the constitutionality of legislative measures banning the advertisement and promotion of tobacco products, arguing that the measures violate the freedoms of economy and enterprise. The court emphasized the hazardous nature of tobacco, the necessity to protect the rights to life and health, and Colombia's obligations under the FCTC. Concluding that the rights of economy and enterprise are not absolute, the court held that the imposed restrictions are compatible with the freedom of enterprise and free private initiative and therefore not unconstitutional. Notable is the Court’s explicit use of the FCTC and the FCTC Article 13 Guidelines to interpret ambiguities in the national law. The Court also used the Guidelines to interpret the norms of the treaty and the obligations on the Parties pursuant to those norms. In addition, it is worth noting that according to the Court, commercial speech can be restricted in a higher degree than other speech because it is more closely linked to freedom of enterprise than to freedom of expression.

 
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