WHO Framework Convention on Tobacco Control
(Protection from exposure to tobacco smoke)
Parties recognize that scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability.
Each Party shall adopt and implement in areas of existing national jurisdiction as determined by national law and actively promote at other jurisdictional levels the adoption and implementation of effective legislative, executive, administrative and/or other measures, providing for protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.
Legislation is necessary to protect people from exposure to tobacco smoke. Voluntary smoke free policies have repeatedly been shown to be ineffective and do not provide adequate protection. In order to be effective, legislation should be simple, clear and enforceable.
Good planning and adequate resources are essential for successful implementation and enforcement of smoke free legislation.
Civil society has a central role in building support for and ensuring compliance with smoke free measures, and should be included as an active partner in the process of developing, implementing and enforcing legislation.
The implementation of smoke free legislation, its enforcement and its impact should all be monitored and evaluated. This should include monitoring and responding to tobacco industry activities that undermine the implementation and enforcement of the legislation, as specified in Article 20.4 of the WHO FCTC.
The protection of people from exposure to tobacco smoke should be strengthened and expanded, if necessary; such action may include new or amended legislation, improved enforcement and other measures to reflect new scientific evidence and case-study experiences.
At its second session in July 2007, the Conference of the Parties (COP) adopted guidelines for implementation of Article 8 of the WHO FCTC on protection from exposure to tobacco smoke (decision FCTC/COP2(7)). These guidelines are available from the WHO FCTC website (http://who.int/fctc/treaty_instruments/adopted/Guidelines_Article_8_English.pdf).