The Constitutional Court should reject Simion Grisciuc's request to allow the sale of cigarettes in booths near kindergartens, schools and hospitals
Administrator
04 aprilie, 2019, 17:08
Vizualizări: 2094
In the statement issued to the Constitutional Court, experts from the Center of Health Policies and Studies (PAS Center) say that excluding this restriction would first of all violate the Constitution that guarantees special protection to children and support in exercising their rights.
Also, if the High Court responds to the notification of the former MP Simion Grisciuc, a series of national and international normative acts will be violated, namely the ones which establish regulations that provide for the prevention of access of minors to tobacco and tobacco related products. The former MP states in the notification submitted to the Constitutional Court, that the legal rule prohibiting the respective right of small commercial units "creates a biased treatment for sellers of tobacco and tobacco related products in terms of the surface of commercial establishments, which in his view comes in contradiction to Articles 9, 16, 54 and 126 of the Constitution".
In other words, the author of the notification considers unconstitutional Paragraph 6 of Article 25 of the Tobacco Control Law, which states that "establishments with a commercial area of less than 20 m2 selling tobacco and tobacco related products must be located at a distance of at least 200m away from educational and healthcare institutions" and asks for cancellation of the provision.
According to the PAS Center statement, the challenged legal provision is in close connection not only with the constitutional provisions related to the property right, but also with the right to health protection, and the rights on protection of the family, children and young people of which the State is in charge.
At the same time, the PAS Center underlines that the paragraph 2 of Article 9 of the Constitution states that property cannot be used to the detriment of human rights, freedoms and dignity, "marketing of tobacco and tobacco related products to children and patients in healthcare institutions can be considered as use of property to the detriment of the rights, freedoms and dignity of children in educational establishments as well as of patients (including children) in healthcare institutions".
According to the authors of the statement, "the interference provided for in paragraph 6, art. 25 of the Tobacco Control Law does not seek to restrict the competition and the property rights of sellers of tobacco and tobacco related products, as the author of the notification states, but pursues the legitimate aim of protecting the health of people ".
The directive also intends to protect children in educational establishments and patients in healthcare institutions by limiting the possibilities of selling tobacco and tobacco related products.
The experts of the PAS Center also consider that the former MP, Grisciuc adopted a wrong approach by believing that all cigarette sellers should have equal opportunities to sell their products within and around educational and healthcare institutions.
"A good-faith approach would be to prohibit all commercial operators from selling tobacco and tobacco related products to children within and in close proximity (200m) of educational and healthcare institutions", consider PAS Center experts.
The exclusion from the legislation of the directive prohibiting the marketing of tobacco and tobacco related products is in fact equivalent to allowing the possibility of selling the respective products within the premises and in close proximity to educational and healthcare institutions, mention the PAS Center in their statement.
A number of national and international normative acts lay down regulations that provide for the prevention of minors' access to tobacco and tobacco related products. Moreover, according to the Constitution of the Republic of Moldova, children have the right to special protection and support in exercising their rights.
„The tobacco industry is a strong force that does not involve state tobacco control risks due to its extensive resources and global market power. Over half of pupils currently consuming tobacco products, buy cigarettes in commercial establishments. Points of sale are used by tobacco companies to "recruit" youngsters among smokers as well as to urge abandoned smokers to start smoking again "experts from the PAS Center explain.
Therefore, allowing traders to sell cigarettes near educational and healthcare institutions would mean providing the tobacco industry with tools to promote smoking among adolescents and young people and among patients, experts say.
In conclusion, they ask the Constitutional Court to maintain the restrictions on the sale of cigarettes stipulated in paragraph 6, art. 25 of Tobacco Control Law, as they aim to protect the health of children, adolescents and patients in healthcare institutions. The authors of the statement believe that Simion Grisciuc's notification that challenges the constitutionality of this paragraph should be rejected while the current provisions should be repeatedly declared constitutional.
Read the full text of the statement:
Tag: tobaco Constitutional Court PAS Center
Categoria: Știri Interne
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