February 2020- Suggested addition to general comment No. 25 (2020) on scientific progress and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4)) submitted by ASH and our colleagues- Alianza por control Enfermedades no Transmisibles (AENT)-Chile, Airspace Action on Smoking and Health, ASH Finland, Association Healthy Romania Generation 2035. BLUE 21 / Unfairtobacco, Corporate Accountability International, Comité National Contre le Tabagisme (CNCT), Educar Consumidores, European Network for Smoking Prevention (ENSP), Fresh- England, Fundación Anaas, Fundeps (Fundaciòn para el Desarrollo de Polìticas Sustentables, Iranian Anti-Tobacco Association, Norwegian Cancer Society, Mary Anne Charity Trust- India, OxySuisse, Public Health Advocacy Institute, Public Health Law Center, Southeast Asia Tobacco Control Alliance (SEATCA), Smoke Free Israel, SOS Tabagisme-Niger, STOP: Stopping Tobacco Organizations and Products, Swarna Hansa Foundation-Sri Lanka, Tobacco Control Alliance- Georgia, Tobacco – Free Association of Zambia, UBING, VISA Mauritius
International Human Rights Treaty Bodies
There are nine core international human rights treaties, and many of these treaties pertain to tobacco control.
Since the adoption of the Universal Declaration of Human Rights in 1948, all UN Member States have ratified at least one core international human rights treaty, and 80 percent have ratified four or more. Each treaty has a committee which monitors implementation of the treaty.
For information on the Universal Periodic Review, please visit The Human Rights Council and Universal Periodic Review page.
Country Reports and General Comments
Human rights treaties can be used to encourage the treaty committee to ask the country about their progress in implementing tobacco control policies and to encourage/ require the country to follow tobacco control best practices. See below for more information about these reports and general comments:
ASH and Partner Country Reports
ASH and our partners have followed the lead of the Human Rights and Tobacco Control Network and have submitted country reports to treaty bodies, as countries are called for reporting. In many cases, we have worked with our allies in country to ensure that we are getting the most accurate information possible and also to encourage local organizations to take the lead on human rights advocacy.
To learn more about how to submit these reports, please visit our Learning Resources page, specifically our Tobacco and Human Rights Reference Guide and our Universal Periodic Review Engagement Memo.
If you are interested in partnering with ASH on a report for your country, please contact Kelsey Romeo-Stuppy at romeo-stuppyk@ash.org.
ASH and Partner Country Reports
International Human Rights Treaties Pertaining to Tobacco Control
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Parallel Reports
Argentina CEDAW
A shadow report for Argentina submitted to the Convention on Elimination of Discrimination Against Women by our colleagues at Fundación Interamericana del Corazon- Argentina (FIC – Argentina), the O’Neill Institute for National and Global Health Law (the “O’Neill Institute”), the Foundation for Women’s Study and Research (FEIM), the Foundation for the Development of Sustainable Policy (FUNDEPS) and the Tobacco Smoke-Free Alliance- Argentina (ALIAR). Click the icon on the left to view the parallel report.
Japan CEDAW
This CEDAW report from February 2020 is a good template for others considering a report. Click the icon on the left to view Japan’s CEDAW Parallel Report.
Convention on the Rights of the Child (CRC)
Parallel Reports and General Comments
Germany CRC
German Civil Society Report- Convention on Rights of the Child. Click the icon on the left to view the report.
General Comments
In 2021, the Committee on the Rights of the Child adopted its general comment No. 25 on children’s rights in relation to the digital environment:
“States parties should encourage the use of digital technologies to promote healthy lifestyles, including physical and social activity. They should regulate targeted or age inappropriate advertising, marketing and other relevant digital services to prevent children’s exposure to the promotion of unhealthy products, including certain food and beverages, alcohol, drugs and tobacco and other nicotine products. Such regulations relating to the digital environment should be compatible and keep pace with regulations in the offline environment.”
In 2013, the Committee on the Rights of the Child adopted general comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24).
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
Parallel Reports and General Comments
Bulgaria ICESCR
For an example submission, click the icon on the left to view a report from the Human Rights and Tobacco Control Network in 2011 for Bulgaria.
General Comments
The ICESCR’s General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12)
Suggested Addition to General Comment No. 25
February 2020- Suggested addition to general comment No. 25 (2020) on scientific progress and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4)) submitted by ASH and our colleagues- Alianza por control Enfermedades no Transmisibles (AENT)-Chile, Airspace Action on Smoking and Health, ASH Finland, Association Healthy Romania Generation 2035. BLUE 21 / Unfairtobacco, Corporate Accountability International, Comité National Contre le Tabagisme (CNCT), Educar Consumidores, European Network for Smoking Prevention (ENSP), Fresh- England, Fundación Anaas, Fundeps (Fundaciòn para el Desarrollo de Polìticas Sustentables, Iranian Anti-Tobacco Association, Norwegian Cancer Society, Mary Anne Charity Trust- India, OxySuisse, Public Health Advocacy Institute, Public Health Law Center, Southeast Asia Tobacco Control Alliance (SEATCA), Smoke Free Israel, SOS Tabagisme-Niger, STOP: Stopping Tobacco Organizations and Products, Swarna Hansa Foundation-Sri Lanka, Tobacco Control Alliance- Georgia, Tobacco – Free Association of Zambia, UBING, VISA Mauritius
Committee on the Elimination of Racial Discrimination (CERD)
Parallel Reports and General Comments
Black Americans have been intentionally targeted by the tobacco industry for decades. As a result, nearly 9 out of 10 of African Americans that smoke, smoke menthols.
CERD includes requirements to ensure that all people have the right to public health. Tobacco violates numerous human rights, but most notably, the right to health. The U.S. has ratified CERD, so CERD is U.S. law.
Click the button above to learn more about how public health advocates can link tobacco, menthol, and human rights in order to convince local, state, and even the federal government that they must protect us from tobacco companies and their deadly menthol flavoring.
Committee on the Rights of Persons with Disabilities (CRPD)
Concluding Observations
A victory for our reports is when a committee mentions tobacco in the concluding observations of that treaty session.
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