TOBACCO CONTROL LAWS

Guatemala Chamber of Commerce v. Guatemala (Docket 2158-2009)

The Guatemala Chamber of Commerce challenged the constitutionality of certain provisions contained in Guatemala's smoke free law.  The petitioner claimed that, among other things, the challenged provisions, which prohibit smoking in any enclosed space except for hotels and motels and establish pecuniary penalties for offenders, violate the freedom of industry and commerce.  Referencing the FCTC and emphasizing that the Guatemala Constitution recognizes health as a fundamental right of every person, the Court upheld the law.  Among other reasons for its decision, the Court concluded that the purpose of the challenged provisions is to regulate tobacco consumption to protect the right to health, not to limit the sale of tobacco products.

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Guatemala Chamber of Commerce v. Guatemala (Docket 2158-2009), Corte de Constitucionalidad [Constitutional Court of the Republic of Guatemala, C.A.] (2009).

  • Guatemala
  • Feb 16, 2010
  • Constitutional Court of Guatemala

Parties

Plaintiff Guatemala Chamber of Commerce

Defendant Guatemala

Third Party

  • Congress of the Republic of Guatemala
  • Medicine Faculties of the Universities of the country
  • Ministry of Public Health and Social Welfare
  • Ministry of the Environment and Natural Resources
  • President of the Republic of Guatemala
  • Public Prosecutor's Office

Legislation Cited

Decree No. 74-2008 (Law Creating Tobacco Smoke Free Environments)

International/Regional Instruments Cited

WHO Framework Convention on Tobacco Control (WHO FCTC)
International Covenant on Economic, Social and Cultural Rights (ICESCR)

Related Documents

Judgment in Spanish

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 Commerce
A violation of the right to carry on trade, business, or profession of a person’s choice. This right may also be called the right to free enterprise or economic freedom. The industry may argue that a business should be able to conduct its business without government regulation, including whether or not to be smoke free.
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.

Type of Tobacco Product

None

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