TOBACCO CONTROL LAWS

Black v. Secretary of State for Justice

A prisoner claimed that smoking should be prohibited inside the prison. The court found that the national law prohibiting smoking in workplaces also applied to prisons, including state prisons. The court determined that the purpose of the law would be frustrated if it did not also apply to the government. The court found that it did not violate human rights laws or the prison rules to deny the prisoner access to a confidential complaint line to complain about smoking in the prison. 

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Black v. Secretary of State for Justice, EWHC 528 (Admin), Royal Court of Justice (2015).

  • United Kingdom
  • Mar 5, 2015
  • High Court of Justice Queen's Bench Division Administrative Court
View Case History

Parties

Plaintiff The Queen (on the application of Black)

Defendant Secretary of State for Justice

Legislation Cited

Health Act 2006

Human Rghts Act 1998

Prison Rules 1999

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
Council Recommendation of 30 November 2009

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.
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 Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.

Type of Tobacco Product

None

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