Article 8 of the World Health Organization Framework Convention on Tobacco Control from the Perspective of the Right to Health and Workers’ Protection

Abstract

Introduction: This article addresses the WHO Framework Convention on Tobacco Control and details Article 8 of the international treaty that provides protection from exposure to tobacco smoke and requires that States Parties shall adopt executive, administrative, legislative and other measures to protect their populations from the risks of second-hand tobacco smoke. Objective: To explore some of the challenges related to the implementation of smoke free environments in Brazil and to discuss the perspective of achieving this right. Method: A study based on documents researched in the Brazilian Congress, in the SciELO library databank, in academic documents and in the media. Results: From the analysis of the selected material on Brazilian tobacco control legislation, projects of law and lawsuits, some of the challenges related to the implementation of smoke free environments in Brazil under the framework of the Brazilian legal system from the perspective of the Occupational Health and Protection Right are explored. Conclusion: As Brazil has ratified the treaty, it is mandatory that smoke free environments be implemented, since an adequate framework of legal instruments sets up the ideal scenario to welcome an effective protection of Brazilian population`s health to the harms caused by second-hand tobacco smoke.