What is it about?
The European Social Charter protects the right to health, and the European Committee of Social Rights, the body that oversees the implementation of said Charter, made clear that States must adopt adequate tobacco control measures to respect this article. State compliance with the Charter is monitored by the Committee through two mechanisms: a) the Reporting system, and b) the Collective Complaints procedure. This article examines the potential and limits of the Collective Complaints procedure as a means to evaluate the compliance of national tobacco control measures with the right to health.
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Why is it important?
This paper demonstrates that the Collective Complaints procedure could have the potential to deal with inadequate tobacco policies. However, up to now, this monitoring mechanism has never been used in this way. Although the Collective Complaints procedure presents several drawbacks, it should not be underestimated. Indeed, it possesses certain features which might make it a particularly suitable tool to put pressure on States that adopt tobacco control measures violating the right to health.
Perspectives
Across the globe, the tobacco epidemic kills more than 8 million people every year. Action is needed. This paper is a useful tool for anti-tobacco NGOs to increase their understanding of the Collective Complaints procedure. My hope is that it will help them make an informed decision on whether to take advantage of this procedure or not for their litigation and advocacy purposes.
Giulia Bosi
Scuola Superiore Sant'Anna
Read the Original
This page is a summary of: Tobacco Control and The Council of Europe: the Potential and Limits of the Collective Complaints Procedure of the European Social Charter, European Journal of Health Law, October 2022, Brill,
DOI: 10.1163/15718093-bja10095.
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