There are numerous other issues that provide legal or political precedent that can be applied to tobacco and human rights.
Environment
Environmental Issues that are Indirectly Relevant to Tobacco
Climate Litigation against Companies: An Overview of Legal Arguments
2018- The Business and Human Rights Resource Center tracked 14 climate lawsuits against fossil fuel companies around the world. Their 2018 Corporate Legal Accountability Annual Briefing, Turning up the heat: Corporate legal accountability for climate change, provides an in-depth analysis of these lawsuits and examines the opportunities and challenges for bringing such litigation. This briefing is intended to provide an overview of the specific legal arguments that lawyers have used to hold corporations accountable for climate harms. Many of these arguments could be used for tobacco litigation as well.
Localizing the Paris Agreement: A Guide for Local Government Action in Support of the U.S. Nationally Determined Contribution
2017- This guide explains how local governments can implement international environmental agreements. Parallels can be drawn to human rights agreements that impact tobacco control.
Cleaning Up the Mess: Children's Rights and Environmental Protection
2016- A report discussing how the Committee on the Rights of the Child (CRC) can take action to help protect the environmental human rights of children
Juliana v. U.S.
2015- Federal civil case brought by children against the government of the United States in order to protect their right to a healthy environment
Tobacco and the Environment
The Environmental Externalities of Tobacco Manufacturing: A Review of Tobacco Industry Reporting
2019- The first article to analyze publicly available industry data on tobacco manufacturing pollution. Conclusions suggest the tobacco industry is a driver of environmental degradation influencing climate change and hindering progress to meet UN Sustainable Development Goals.
United Nations
Non-Communicable Diseases (NCDs)
Political Declaration of the Third High-Level Meeting of the General Assembly on the Prevention and Control of NCDs
2018– The final document of the UN high level meeting on NCD’s contains several references to human rights, including a reference to the right to health in section 3.
Global Action Plan for the Prevention and Control of NCDs
2013– The NCD GAP includes a human rights based approach to addressing NCDs. There are several references to human rights and the right to health throughout the document.
The 2030 Agenda for Sustainable Development
The Sustainable Development Goals
2015– The Sustainable Development Goals are based on a human rights framework, with Goal 3 being specifically focused on health. There is a specific tobacco target (target 3.A) that require countries to strengthen implementation of the FCTC.
Ethics
The Ethical Imperative to Treat NCDs During Research in Africa
2019- As the rising prevalence and life-threatening consequences of non-communicable diseases (NCDs) in Africa have become more obvious, so too has the fact that many African health systems are ill-equipped to meet the health-care needs of local communities affected by NCDs (Mzombwe, et al). Read the article.
Food Marketing
A Child Rights-Based Approach to Food Marketing
2018- “A Child Rights-Based Approach to Food Marketing: A Guide for Policy Makers” by UNICEF offers a legal analysis that links the WHO Recommendations with a human rights framework, particularly the Convention on the Rights of the Child. In this analysis, the CRC provides the foundation for a child rights-based approach to ending childhood obesity and the prevention of non-communicable diseases.
Beijing +25 Platform for Action
The Generation Equality Forum and Convention on the Elimination of All Forms of Discrimination Against Women
2021- View an introduction to the 2021 Generation Equality Forum from ASH’s partner Dr. Soon-Young Yoon, Chair of the Board, Women’s Environment and Development Organization (WEDO) and UN representative for the International Alliance of Women. Click here for information on CEDAW and its connection to tobacco control.
NGO Guidance for National Parallel Reports
2019- In preparation for Beijing + 25 in 2020, NGOs and civil society stakeholders must have their own independent process to report on progress made, challenges and recommendations. The purpose of these NGO Guidelines for Parallel Reports is to provide a common template for NGOs to use for country (city or state) reports. NGOs should adapt it to suit their local contexts and feel free to change it as needed. Although many questions are drawn from UN Women’s official Guidelines for governments, these are adapted to reflect NGO and civil society perspectives.
