Experts emphasize the key role of tobacco control in respecting fundamental human rights

On April 29, 2026, the US-based anti-tobacco organization Action on Smoking and Health (ASH), in collaboration with Generation Without Tobacco (GST) and the Office of the United Nations High Commissioner for Human Rights, hosted a webinar dedicated to integrating tobacco control into human rights measures. Speakers reiterated that the WHO Framework Convention on Tobacco Control (FCTC) is a human rights convention and emphasized the strong legal obligations of States to protect populations' rights to health, life, and information, in the face of tobacco industry actors who continue to kill on a massive scale, target young people, and obstruct prevention policies.

The right to health as an obligation of States

Khaled Hassine, from the Office of the United Nations High Commissioner for Human Rights, placed tobacco within the framework of international law. He began by noting that the Convention on Tobacco Control (CTC) is a key instrument of this international human rights architecture. According to him, this international treaty, ratified by 183 states, has profoundly shaped the global response to one of the most critical and preventable public health challenges, while also giving concrete expression to everyone's right to the highest attainable standard of health. The fight against tobacco is thus described as a direct component of states' legal obligations, and not simply an optional policy.

He also emphasized that tobacco control is a fundamental obligation of States under applicable international conventions. Article 12 of the International Covenant on Economic, Social and Cultural Rights mandates the prevention of disease, the regulation of harmful industries, and the guarantee of access to essential health services, including smoking cessation support. The actions of this Covenant are framed within the AAAQ framework: Availability, Accessibility, Acceptability, and Quality, which serves as an analytical tool for evaluating public policies. The underlying principle is that health services, information, and prevention measures must be available in sufficient quantities, accessible to all without discrimination, culturally appropriate, and scientifically sound.

Similarly, UN mechanisms for monitoring human rights conventions, including the Universal Periodic Review and special procedures, are levers for strengthening the fight against tobacco use and tobacco industry practices. These bodies are described as a complementary ecosystem capable of producing recommendations, monitoring implementation gaps, and supporting national reforms. Civil society emerges as a key actor, generating reports, producing data and expertise, and making recommendations to address gaps through dialogue with States.

Making tobacco a global issue of fundamental human rights

Kelsey Romeo-Stuppy, a lawyer at ASH, explained that tobacco is not simply a matter of public health, but a violation of human rights. This approach is based on the observation that tobacco infringes upon several rights, foremost among them the right to health. States have a duty to protect their citizens from the harm caused by the tobacco industry. Various initiatives have been undertaken by countries within the framework of human rights conventions. For example, reports from civil society in Colombia and Spain led to the official recognition by the Committee on the Rights of the Child (CRC), the UN treaty body responsible for protecting children's rights, of the threat posed by smoking among children in these two countries. At the urging of numerous public health NGOs, including ASH and the National Committee Against Smoking (CNCT), the Committee called on both countries to protect children from the use of tobacco products through stricter anti-smoking policies.

Furthermore, Kelsey Romeo-Stuppy emphasizes that tobacco products kill when used exactly as their manufacturers intended, without the need for excessive or misuse. Therefore, the goal is to prevent complete consumption and gradually work towards ending the sale of these products. This approach aligns with the goal of phasing tobacco out of society, a topic under discussion internationally for several years, and which is beginning to be implemented in various countries (within the European Union, in Australia, in the US states of California and Massachusetts, etc.). It is within this framework that the generational sales ban implemented in the Maldives and in the United Kingdom. Other measures are also being studied or are underway, such as drastically reducing the number of points of sale through the retailer licensing system, or even eliminating cigarette filters…

Illustration of France's rapid progress in the fight against smoking

France has seen a rapid increase in smoking prevalence, particularly among young people, thanks to the implementation of strong and structured public policies. The perception of smoking has changed in every respect. The commitment of a member of parliament like Nicolas Thierry, a French Green Party MP, is a prime example of this.

He reiterated that tobacco remains the leading cause of preventable death in the country, with 68,000 deaths in 2023. In general, smoking incurs a social cost of €156 billion per year and disproportionately affects the most vulnerable populations. Finally, it constitutes an environmental disaster, massively polluting soils and waterways. Globally, it is responsible for 5,130 tons of deforestation.

In this context, he has repeatedly pledged his support for strong measures to combat smoking, as well as new tobacco and nicotine products brought to market by the industry. In particular, he has filed a A proposed law aims to create the first "tobacco-free generation" by banning the sale of tobacco to people born from 2014 onwards who will reach the age of majority in 2032.. Inspired by a similar law adopted in the United Kingdom, this phased approach is not a blanket ban but a preventative strategy, because it targets children currently finishing primary school or beginning secondary school, while avoiding an abrupt ban on sales for current smokers—a prohibition that could fuel illicit markets. Therefore, the tobacco industry cannot use this fear to oppose the measure.

Furthermore, the MP pointed out that tobacco companies are investing in new nicotine products to remain leaders in the addiction market, stressing the importance of fighting against nicotine. The latest OFDT survey reveals an increase in vaping among high school students and an increase in nicotine initiation through vaping among non-smokers.. The MP thus emphasized the importance of combating the aggressive marketing of vaping products to young people, recalling that he and another MP were behind a Proposed law to extend plain packaging to all tobacco and vaping products.

According to the MP, unlike the United Kingdom, France is at the very beginning of the process, and this approach must be accompanied by complementary measures within a comprehensive framework. He highlighted one of the country's major difficulties: the tobacco industry in France is represented less by manufacturers than by tobacconists, who are particularly hostile to health policies concerning tobacco and new products.

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