The contradictions of the fight against smoking in prisons

In France, since the decree of April 30, 2013, the regulation of smoking in detention is set by the internal regulations in the prison environment: smoking is authorized in certain places for collective use, in particular cells and places for exercise.

This development runs counter to the increasing restrictions on smoking in public spaces. While the law of 9 July 1976 and then the Evin law of 10 January 1991 aimed to protect individuals from tobacco smoke, the prison environment saw an opposite trend: in 1983, smoking was authorised in detention unless there was a medical contraindication.

At the heart of this contradiction, the issue of security in the event of a smoking ban is highlighted by a 2007 circular: "It is a question of ensuring that the expected gain in terms of public health is not accompanied by excessive tensions in the management of detentions."[1] "It is up to the director of the establishment to decide how to apply the regulations by arbitrating the security risks linked to the smoking ban.[2]This significant room for maneuver gives rise to disparities between detention centers.

Smoking is part of people's daily lives. Moreover, the prevalence of smoking is estimated at 81% in prison. The omnipresence of tobacco in penitentiary establishments exposes prisoners to passive smoking to the detriment of their health. The administrative court of Caen has ordered the State to compensate a former prisoner exposed to tobacco smoke during his detention[3]

See the news on passive smoking in prison