Human Rights and Tobacco Control

Human rights provide a powerful framework to address and promote tobacco control measures, and the UN system and treaty bodies play a pivotal role in shaping the discourse around tobacco control and promoting its alignment with human rights principles.

Tobacco use and the implementation of tobacco control measures are related to many of the human rights protected by human rights treaties. For example, the right to life, survival, and development, right to health, right to a healthy environment, right to an adequate standard of living, right to education, and right to information, to name a few, are all impacted by tobacco use. The WHO Framework Convention on Tobacco Control (WHO FCTC) is a powerful tool that Parties to the treaty can use to safeguard these rights, particularly the right to health. In February 2024, COP10 adopted a decision that encourages Parties to consider including WHO FCTC principles and implementation efforts when engaging with United Nations human rights mechanisms.

The United Nations and its treaty bodies play a crucial role in ensuring human rights are upheld. The UN human rights treaty system consists of nine main international human rights treaties and ten treaty bodies. When a State becomes a Party to a treaty, that State agrees to implement the treaty's provisions at a national level and to be monitored by the corresponding treaty body.

According to international human rights treaties, States must regularly submit reports to treaty bodies on measures adopted, and the factors and difficulties which exists in fulfilling the human rights obligations required by the treaty in their countries. During this process, non-governmental organizations and other institutions can submit “shadow reports” to the treaty bodies addressing omissions or inaccuracies in the official government report. At the conclusion of this process, the treaty body will issue a concluding observation, which includes recommendations for actions to be taken to fully implement the treaty. While the treaty bodies lack direct enforcement powers, their recommendations carry significant weight, influencing how countries act and aiding in advocacy efforts.

Human rights provide a powerful framework for advancing tobacco control  efforts. By participating in the State reporting process at the treaty level and using concluding observations and general recommendations or advocacy, civil society can not only critique harmful practices but also work toward the broader goal of safeguarding the health and well-being of individuals and communities worldwide. Developments at the
international level can impact local advocacy campaigns, and vice versa. Using human rights as a potent tool is essential for creating a healthier world.