Role of the judge in defending tobacco control measures in Colombia: total ban on advertising, promotion and sponsorship of tobacco products case

摘要

Background and challenges to implementationTotal ban of all forms of advertising, promotion and sponsorship of tobacco products is considered one of the most cost effective measures for tobacco control in the world. Colombia incorporated this measure through articles 14 to 17 of Law 1335 -2009, which entered into force on July 21, 2011. These articles were sued for limiting the right to freedom of enterprise and commercial discourse of tobacco companies.Intervention or responseCorpus iuris international for the control of tobacco (FCTC and guidelines), requires all efforts for effective compliance, for this, is necessary to carry out the exercise of harmonisation of domestic legal system with obligations derived from international treaties. At this point, it is vital to point out that compliance with rules adopted by the country, based on international treaties, must be given in good faith , understanding that the ultimate goal is the real guarantee of the pledged commitments of all State agencies. In this case judicial power confirm the constitutionality of the measures related with total ban.Results and lessons learntColombian jurisprudence has shown that Article 16 of that rule, referring to the prohibition of "any form of promotion of tobacco products and their derivatives"; constitutes a broad clause that must be interpreted in accordance with the international instruments subscribed by the country and which include the contents of articles 1 and 13 of FCTC, as well as its implementation guidelines.Conclusions and key recommendationsColombia, has established a total ban on all forms of advertising, promotion and sponsorship of tobacco, as a result of the harmonization process between internal rules, mainly related to measures to protect the right to health of the population. In view of the adverse consequences of tobacco consumption and exposure to tobacco smoke and the international obligations set out in the first legally binding public health treaty within the United Nations System: WHO´s FCTC.