TOBACCO CONTROL LAWS

Heisei 20 Non-Smoking Taxi National Compensation Case

Plaintiff filed suit against the government alleging that government's failure to enforce non-smoking policies on taxis violated its constitutional duty to protect people's right to health.  Trial Court denied plaintiff's request.  Plaintiff appealed to Tokyo High Court, which found that government does not have a duty to enforce non-smoking measures on taxis, and denied the request.

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Tokyo Koto Saibansho [Tokyo High Ct.] Oct. 21, 2009, Heisei 21 (ne) No. 3265, 1, Kakyu Saibansho Hanreishu [Saibanrei Joho] 1, (Japan)

  • Japan
  • Oct 21, 2009
  • Tokyo High Court

Parties

Plaintiff Yasui Kouichi (安井幸一)

Defendant Japan (represented by Minister of Jurisdiction and appointed attorneys)

Legislation Cited

Kenko Zosinho [Health Promotion Act], Law No. 103 of 2002

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.
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 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.
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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