International Human Rights Law and the Framework Convention on Tobacco Control: Lessons from Africa and Beyond

357 Pages·2022·2.556 MB·English

by  Ebenezer Durojaye, Lucyline Nkatha Murungi

International Human Rights Law
and the Framework Convention
on Tobacco Control
This book reviews the challenges and opportunities in the implementation of
the WHO Framework Convention on Tobacco Control (FCTC) at the regional
and national levels in Africa. It contains an analysis of the relevant norms and
monitoring mechanisms at the regional level, and case studies from selected
African and other developing countries.
The WHO has noted that tobacco use or exposure to tobacco is a major health
risk factor for non-communicable diseases (NCDs). This volume highlights the
importance of taking measures to control tobacco use in Africa with a view to
preventing these risks. With contributions from experts from the Global South,
the book provides a critical analysis of the role that human rights can play in
mitigating the impact of tobacco use and NCDs, and the implementation of the
FCTC. The book contains a systematic and in-depth analysis of how efforts to
realise the right to health under international and regional law can help to address
the incidence of tobacco use in the developing world.
The collection will be an important resource for academics, researchers and
policymakers working in the areas of public health law and international human
rights.
Ebenezer Durojaye is Professor and Head of the Socio-Economic Rights Project
at the Dullah Omar Institute, University of the Western Cape, South Africa.
Lucyline Nkatha Murungi is Senior Lecturer and Assistant Director at the
Centre for Human Rights, University of Pretoria, South Africa.
Routledge Research in Health Law
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Takenori Mishiba
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A Socio-legal Analysis
Bo Chen
International Human Rights Law and the Framework Convention
on Tobacco Control
Lessons from Africa and Beyond
Edited by Ebenezer Durojaye and Lucyline Nkatha Murungi
For more information about this series, please visit: www.routledge.com/Routledge-
Research-in-Human-Rights-Law/book-series/RRHL
International Human Rights
Law and the Framework
Convention on Tobacco
Control
Lessons from Africa and Beyond
Edited by Ebenezer Durojaye and
Lucyline Nkatha Murungi
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa
business
© 2023 selection and editorial matter, Ebenezer Durojaye and
Lucyline Nkatha Murungi; individual chapters, the contributors
The right of Ebenezer Durojaye and Lucyline Nkatha Murungi to be
identified as the authors of the editorial material, and of the authors
for their individual chapters, has been asserted in accordance with
sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or
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British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN: 978-1-032-20576-2 (hbk)
ISBN: 978-1-032-20579-3 (pbk)
ISBN: 978-1-003-26424-8 (ebk)
DOI: 10.4324/9781003264248
Typeset in Galliard
by Apex CoVantage, LLC
Contents
List of tables viii
List of acronyms and abbreviations ix
List of contributors x
Preface xiii
Acknowledgements xiv
PART I
Introduction 1
1 Introduction 3
EBENEZER DUROJAYE AND LUCYLINE NKATHA MURUNGI
2 The role of the African human rights system in
promoting tobacco control and addressing related
non-communicable diseases 16
EBENEZER DUROJAYE AND LUCYLINE NKATHA MURUNGI
PART II
Country case studies 35
3 The implementation of the WHO FCTC: lessons from
Ghana 37
BRIGHT NKRUMAH
4 Challenges and opportunities in the implementation of the
FCTC in South Africa 57
ROBERT D NANIMA
vi Contents
5 An overview of Nigeria’s efforts in addressing
non-communicable diseases within the WHO FCTC 85
ADETOUN T ADEBANJO
6 Tobacco control and the right to health in Kenya:
implementation of the WHO FCTC 114
EMMA WANYONYI, RACHEL KITONYO AND
BELICE ODAMNA
7 Examining tobacco-related health rights in Zambia in light
of the WHO FCTC 143
CHIPO MUSHOTA NKHATA
8 Tobacco smoking and the law in Rwanda: progress,
challenges and perspectives 171
CHRISTIAN GARUKA
9 The state of Zimbabwe’s compliance with the
WHO FCTC 189
MICHELLE RUFARO MAZIWISA AND EBENEZER DUROJAYE
10 Assessing the level of compliance of the domestic normative
framework on tobacco products of Mauritius with the FCTC 218
ROOPANAND MAHADEW
PART III
Lessons from other jurisdictions 243
11 The David and Goliath tale of Uruguay’s tobacco control
measures: lessons for the region and beyond 245
LUCÍA BERRO PIZZAROSSA, ANDRÉS CONSTANTIN AND LUCÍA
GIUDICE
12 Tobacco, health and regulations in India: a national
overview 272
UPENDRA BHOJANI, RIDDHI DSOUZA, PRAGATI HEBBAR, ADHIP
AMIN AND AMITI VARMA
Contents vii
13 Beyond tobacco: lessons on non-communicable diseases
from the Inter-American Human Rights System 309
ISABEL BARBOSA AND MARGHERITA M CINÀ
Index 332
Tables
3.1 Level of Ghana’s compliance 42
4.1 Level of South Africa’s compliance 64
5.1 Level of Nigeria’s compliance 97
6.1 Level of Kenya’s compliance 122
7.1 Level of Zambia’s compliance 157
8.1 Level of Rwanda’s compliance 180
9.1 Level of Zimbabwe’s compliance 201
10.1 Level of Mauritius’ compliance 228
11.1 Summary of the MPOWER policy package and corresponding
national policy 257
12.1 WHO FCTC and the Indian law regulating tobacco 282
12.2 Proxy indicators on implementation of COTPA
in post-FCTC India 295
Acronyms and abbreviations
ACHPR African Charter on Human and Peoples’ Rights
ACRWC African Charter on the Rights and Welfare of the Child
African Commission African Commission on Human and Peoples’ Rights
CEDAW Convention on the Elimination of Discrimination
against Women
CRPD Convention on the Rights of Persons with Disabilities
FCTC Framework Convention on Tobacco Control
HRC Human Rights Committee
ICCPR International Covenant on Civil and Political Rights
ICESCR I nternational Covenant on Economic, Social and Cul-
tural Rights
Maputo Protocol P rotocol to the African Charter on the Rights of
Women
SDGs Sustainable Development Goals
WHO World Health Organization