Passive smoking in prison

In France, the 2007 circular establishes the principle of protection of non-smokers against passive smoking in penitentiary establishments.[1]. However, there are obstacles to implementing these protective measures. Passive smoking remains a public health problem in prison.

Smoking is not banned everywhere in prison: the smoking ban does not apply in cells housing adult prisoners. For prisoners, smoking is tolerated in cells housing adults only. On arrival, prisoners must specify whether they are a smoker or non-smoker in order to be assigned to a suitable cell.[2].

However, prison overcrowding poses significant difficulties for smoking prevention. In practice, it is difficult to separate smokers from non-smokers in separate cells. A former French prisoner filed a complaint for having occupied 21 and 20.75 m² cells with a small window for 120 days in the company of smokers. This promiscuity indicates that his incarceration did not take place in the required health and safety conditions. The decision of the Caen administrative court of 24 September 2015 engages the State's liability for attacks on human dignity linked to passive smoking.

Under the principle of equivalence of health services for prisoners in penitentiary establishments compared to the rest of the population (link to the article), the regulation of tobacco in prison in principle accompanies the concern for prevention and reduction of smoking, in accordance with the National Tobacco Control Program. However, the implementation of these public health measures is complex.

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