TOBACCO CONTROL LAWS

Ostrovar v. Moldova

A Moldovan national complained of violations of his human rights during his detention and imprisonment by the Moldovan government.  The plaintiff alleged that the overcrowded, unsanitary and smoke-filled facilities constituted inhumane and degrading treatment.  The plaintiff’s asthma was significantly aggravated by being held in a non-ventilated room with smokers for 23 hours per day.   He was further denied any medication for his condition.  He also alleged that he was denied contact with his family and access to an effective remedy for his complaints during his imprisonment.  The court ultimately held that his treatment, including his exposure to cigarette smoke, amounted to violations of the Human Rights Convention and assessed damages owed to the plaintiff of 4,500 euros.

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Ostrovar v. Moldova, Application no. 35207/03, European Court of Human Rights (Feb. 15, 2006).

  • Moldova
  • Feb 15, 2006
  • European Court of Human Rights, Strasbourg

Parties

Plaintiff Vitali Ostrovar

Defendant Republic of Moldova

Legislation Cited

International/Regional Instruments Cited

Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights), Protocol No. 1

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

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 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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