Smoking and Human Rights...

Is smoking a human right? The argument that bans prohibiting smoking violate the basic human rights of smokers or that they violate constitutionally guaranteed rights of citizens are arguments that have been tried and failed in a number of jurisdictions. The latest jurisdiction to have a crack at the "smoking bans violates my human rights" argument is about to unfold in Jakarta, Indonesia.

I am a non-smoker. And, to be honest, I am in favour of banning smoking in public places. If smokers want to smoke, then I believe that they have a right to do that. However, that right does not extinguish (no pun intended) my right to be in a smoke-free public place.

A smoking ban generally applies to public places, including bars and restaurants. The United Kingdom has had bans in place for some time. These bans have been challenged through the courts and failed. The courts have tended to hold that even the European Convention on Human Rights, particularly Articles 8 and 14 with regard to private life, family and discrimination, does not protect smoking as a recognised human right. The US is not immune to the drive to clean-up public areas from cigarette smoke. Although, the rate of success in this jurisdiction has been less than in some others.

Australia, for example has had a prohibition in place for some time. In fact, it is now illegal for people to smoke in cars where children are passengers.

The People's Rights Advocacy Team (TAHR) is set to argue that Gubernatorial Regulation No. 75 of 2005 as amended by No. 88 of 2010 discriminates against smokers. The TAHR argument states that the regulation criminalises a basic human rights and makes criminals of smokers who are partaking in a legal product. The TAHR lawyer, Habiburokhman has indicated that TAHR has submitted a judicial review petition to the Supreme Court and made a request of the President to review the regulation. However, these petitions have been submitted on behalf of other parties by TAHR.

Not content to pursue these petitions on their merit, TAHR have suggested that those in favour of the gubernatorial regulations, and those who pushed the regulations through the legislative process, were only doing so because they were the recipients of funds from foreign organisations. Strangely enough, TAHR, when pressed, were not so forthcoming in saying exactly who accepted what and where, or who, it was accepted from.

In essence, the same arguments in reverse are going to be lumped on TAHR and anyone in support of the petitions as being the puppets of big tobacco who are covertly funding these petitions. But, in a similar vein, the proof of who is funding what and where and when in this regard remains to be seen.

This might be a case that I follow as there are some interesting legal arguments to be made and precedents to be established.

But as an aside to the human rights of smokers, an interesting aspect of smoking bans is what impact they will have on employment levels at tobacco companies. Of particular interest is whether the ban will see a reduction in smoker numbers or demand for cigarettes. Any decline in demand is likely to see tobacco companies look to reduce staffing levels. So, I wonder who is looking out for the rights of employees to find suitable and sustainable employment. Is the government going to pick up the slack and provide for those employees who find themselves the victim of retrenchment? Perhaps this is an issue for a different blogpost.

Jakarta Smokin' or Smokin' Jakarta?

Those of you that enjoy a nicotine fix need to be a little wary about where you are going to get that next fix during the period from 17 through 27 November 2008. The Government of Jakarta and several Anti-Smoking NGOs have decided that they are going to up the ante on smokers and conduct raids during this period (cartoon).

There is a Regulation, actually a couple of them (No. 2 of 2005 and No. 75 of 2005), that has been issued by the Government of Jakarta that prohibits smoking in certain places and requires businesses and others to provide special smoking rooms to cater for those who cannot go without a nicotine fix.

The places that are most likely to be targeted are office buildings, medical facilities, malls and shopping centers, places of worship, schools, and public transportation, among others. This seems to be an initiative that is being driven more by those concerned with the growing abuse of tobacco rather than any increased interest from the government in terms of implementing the 2005 Regulation.

The cold hard reality is that the government after the initial posting of signs declaring certain areas non-smoking, the government lost interest in enforcement. I remember when the Regulation first came into effect. I was taking a train from Gambir Station to Bandung. As I was waiting for the train to arrive, I remember having a good laugh to myself as I watched a young fella light up and puff away. Why the good laugh? He was standing under one of those no smoking signs, the red circle with a cigarette inside the circle and a red line through it. It was one of those moments, where you go, "nah, this is definitely not going to work."

Even now, each day in the building where I work I watch smokers line the corridors puffing away. There are no designated smoking areas, there are no non-smoking area signs or if there are they are routinely ignored. There is no enforcement from building management or the security personnel roaming the corridors. If I am not mistaken building management can be fined for any failure to enforce the provisions in their buildings.

Let the fun and games begin.

Paul Newman (1925 - 2008)

Paul Newman succumbed to lung cancer on 26 September 2008, he was 83 years old.

Newman will obviously be remembered for his film and theater work. However, he must also be remembered as a great humanitarian and philanthropist. His philanthropy work has seen some USD 220 million donated to good and worthy causes.

You can check out a more detailed profile here.

Marijuana -- Coffee Shops In Holland

You really have to give it up for the Dutch. The masters of the loophole but not the masters of the European Cup in 2008!

European Union law requires that member states put in place legislation that bans tobacco smoking in bars, pubs, and clubs, as well as restaurants. The Dutch have finally gotten around to this and as of 1 July 2008 they will become one of the last member states to put into effect this ban.

However, here is the loophole and the catch. The ban covers tobacco and not marijuana. Therefore, any coffee shop (aka marijuana-selling place) can continue to do what they have always done without breaking the law.

So, blogging colleagues, anyone wanting to make a trip to the Netherlands to explore this loophole, go for it and happy smoking to ya!

Testosterone and Depression

An Australian study has highlighted that low levels of free testosterone are linked to increases in the likelihood of depression, heart disease, type-2 diabetes, muscle and bone loss, and decreased sexual performance. Those most at risk are older men, those who are obese, smokers, and anyone in poor health.

In fact the study showed that those with low naturally occurring levels of free testosterone were 271 percent more likely to show signs of depression.

For me this is the perfect example of a loophole in the laws against steroid use. Doctors can prescribe testosterone products to those with a medical need. Therefore, anyone looking to get a happy boost might want to pay a trip to their local doctor.

The report can be found in Archive General Psychiatry, 65: 283-289, 2008.

Cigarette Money

This is for all you smokers out there!