Listed below are excerpts from articles we sourced online on Rights of a child to a tobacco-free environment
Tobacco and the Convention on the Rights of the Child:
1. Source: http://old.ash.org.uk/html/passive/html/kidsbrief.html
• The UN Convention on the Rights of the Child was adopted by the UN General Assembly on 20 November 1989 and came into force in September 1990. The Convention consists of legally binding international obligations. Article 3 of the Convention states that in every decision affecting a child, the best interests of the child shall be a primary consideration. Although the Convention does not include any explicit right to protection from the harm caused by tobacco, official interpretation of the articles of the Convention demonstrates that tobacco is a human rights issue. According to the World Health Organization:
“Because of the enormous potential harm to children from tobacco use and exposure, States have a duty to take all necessary legislative and regulatory measures to protect children from tobacco and ensure that the interest of children take precedence over those of the tobacco industry.” ---Tobacco and the Rights of the Child. WHO/NMH/TFI/01.3 WHO, 2001
2. Source: http://www.whoindia.org/LinkFiles/Tobacco_Free_Initiative_03-Chapter-07.6.pdf
• In 2001, the National Human Rights Commission (NHRC) of India considered the issues related to tobacco control from the perspective of human rights and concluded that the following rights of an individual are violated due to lack of tobacco control mechanisms in India.
1. Right to clean airA non-smoker is forced to inhale tobacco smoke in public areas.
2. Rights of childrenRights of born and unborn children are violated when they are exposed to tobacco smoke (active and passive) in the home or public areas. They are the most vulnerable and worst affected.
3. Right to informationBoth the smoker and non-smoker are not provided with adequate information about the harmful effects of tobacco product and, in fact, are bombarded with misinformation about tobacco products through advertisements/events/celebrity and role model-linked promotion.
4. Right to educationBoth the smoker and non-smoker are not adequately educated about the drastic ill-effects of tobacco on their personal and public health.
5. Right to redressalBoth the smoker/non-smoker do not have any redressal mechanism for the injuries/ ill-effects suffered by them due to tobacco products.
6. Right to tobacco cessation programme/activities (as part of right to health)The smoker and his/her family have a right to have access to various cessation
strategies. In addition, there are also some rights of the smoker which may be violated by regulatory measures intended for tobacco control. However, these have to be superseded in the interest of public health and human rights of the larger community.
An analysis of the National Family Health Survey (NFHS), conducted in 1998-1999, shows that tobacco smoking is inversely associated with educational status, with an illiterate person being three times more likely to smoke than a post graduate education.
• Studies show that the poor consume the most toxic tobacco products, e.g. unbranded beedis manufactured with poor quality control and sometimes laced with other narcotic drugs. Children are involved in the making of these beedis, so the time when they should be studying, they roll beedis and remain entrapped in the cycle of poverty.
• Tobacco quid is used by poor women and men to ward off hunger during long tedious work in agriculture, construction and other labour.