backgroundSince the WHO Framework Convention on Tobacco Control's (FCTC) entry into force, the tobacco industry has initiated litigation challenging tobacco control measures implemented by governments around the world, or supported others to initiate such litigation on its behalf. In defending their tobacco control measures against such litigation, governments have invoked their obligations and rights under the WHO FCTC. We assess the extent to which the WHO FCTC has provided legal weight to governments' defences against legal challenge. Methods We reviewed 96 court decisions concerning legal challenges to tobacco control measures, determining whether or not they cited the WHO FCTC and their outcomes. We then reviewed the cases where the WHO FCTC was cited, analysing how the WHO FCTC contributed to the resolution of the case. Results The WHO FCTC was cited in 45 decisions. Decisions both citing and not citing the WHO FCTC were largely decided in favour of governments, with 80% of WHO-FCTC-citing and 67% of non-WHO-FCTCciting cases upholding the measure in its entirety and on every ground of challenge. In cases where it was cited, the WHO FCTC contributed to the resolution of the case in favour of governments by providing a legal basis for measures, demonstrating the measure's public health purpose, demonstrating the evidence in favour of a measure, demonstrating international consensus, demonstrating that a measure promotes or protects health-related human rights and demonstrating whether or not a measure is reasonable, proportionate or justifiable. Conclusions The way the WHO FCTC has been cited in court decisions suggests that it has made a substantial contribution to courts' reasoning in tobacco control legal challenges and has strengthened government's arguments in defending litigation.
This paper reviews progress in tobacco litigation since Tobacco Control’s founding 30 years ago, with a focus on cases which are ongoing or recently decided. Litigation in tobacco control falls into several classes: legal challenges brought by the tobacco industry to block implementation of tobacco control measures, public interest litigation brought by civil society to push for higher standards of implementation of tobacco control measures and liability litigation by governments and individuals to hold the tobacco industry accountable for the harm it causes. In each class of cases, there are a number of major case studies which show the importance of international frameworks, including most significantly the WHO Framework Convention on Tobacco Control, to tobacco litigation.
Rapid motorization in the Philippines, including a steady rise in the number of registered passenger cars and sports utility vehicles, and a sharp increase in ‘automobiles’ being involved in road crashes in the last five years (as distinguished by the Philippine National Police from buses, trucks, jeepneys, tricycles, motorcycles, and other vehicles) indicate a need to protect children aboard passenger vehicles from crash-related injury or death.The Philippines has national laws and policies covering four out of five major risk factors for road users, i.e. speed, seatbelt use, motorcycle helmets, and drink-driving. The use of child restraint systems is the only risk factor that has yet to be addressed by legislation, despite a 1999 law directing the Land Transportation Office to require the use of special car seats for infants if deemed necessary.Almost two decades later, the Philippines is catching up with the global movement to promote the safety of children on the roads. The initiative of civil society organizations providing intensive legal, technical, and communication assistance to the government with the support of international organizations, as well as the timely engagement of key legislative champions as sponsors of bills, have been instrumental in moving the policy advocacy forward.In September 2017, the House of Representatives committee on transportation approved a bill requiring the use of child restraints in all privately-owned motor vehicles for children ages 12 and below, while a similar bill is pending in the Senate. Both bills reference UN Regulation 44 and 129 as standards for the approval of child restraints. Meanwhile, at the local level, Quezon City is set to be the first local government unit to require the mandatory use of child restraints within its territorial jurisdiction through its comprehensive ‘Road Safety Code,’ which was approved in October 2017.
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