TOBACCO CONTROL LAWS

FEVACU v. Venezuela

Plaintiffs, two individuals and a consumer protection advocate organization, sought legal protection for Venezuelan citizens.  Plaintiffs maintained that Venezuela had assumed the obligation of protecting the right to health of its citizens from the harmful effects of tobacco consumption and exposure to tobacco smoke by undertaking a range of measures by virtue of its ratification of the Framework Convention of Tobacco Control (FCTC).  Plaintiffs requested that the Court order the government to promote and publish the FCTC in the official gazette, enforce smoke-free regulations, and regulate tobacco products, among others things. Recognizing the rights of the Venezuelan population to life and a healthy and safe environment, the Court declared itself competent to hear the case and admitted the plaintiffs' claim.

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FEVACU, et al v. Venezuela, et al, 08-0520, Sala Constitucional del Tribunal Supremo de Justicia [Constitutional Chamber of the Supreme Court] (2008).

  • Venezuela
  • Oct 21, 2008
  • Constitutional Chamber of the Supreme Court (Sala Constitucional del Tribunal Supremo de Justicia)

Parties

Plaintiff

  • FEVACU (Federacion Venezolana de Asociaciones de Consumidores y Usuarios) represented by its President, Arnoldo Benitez Castillo
  • Giorgo di Muro di Nunno
  • Wolfgang Cardozo Espinel

Defendant

  • Bolivarian Republic of Venezuela
  • Ministry of the People's Power of Health
  • National Assembly

Legislation Cited

Ley de Impuestos sobre Cigarrillos y Manufacturas del Tabaco (Tax Law on Cigarettes and Manufacturing of Tobacco)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)

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)
Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

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 Judicial Protection
This is the right to access the court system and have the courts enforce your rights.
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.

Type of Tobacco Product

None

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