Constitutional
Court
Confirms
Smoking
Ban
The
magistrates
of
the
Sala
Constitucional
(Costa
Rica's
Constitutional
Court)
on
Tuesday
found
no
constitutional
defects
with
the
Ley
Antitabaco,
paving
the
way
for
the
Presidenta
to
sign
the
bill
approved
by
legislators.
By a
vote
of
five
to
two,
the
Court
gave
the
nod
to
the
antimosking
law,
which
was
sent
for
a
constitutional
consult
after
it
was
approved
in
second
and
final
vote.
The
acceptance
of
the
consult
by
the
Court
made
history,
as
this
was
the
first
time
a
bill
was
accepted
by
the
court
after
it
being
approved
in
second
vote
by
legislators.
As
confirmed
by
judge
Paul
Rueda,
the
Constitutional
Court
found
no
problems
with
the
˘20
colones
tax
on
each
cigarette
and
no
problems
with
the
ban
on
advertising
and
the
smoking
ban
in
sodas,
bars,
clubs,
restaurants
and
public
spaces,
including
bus
stops
and
taxi
stands.
Reda
said
that
these
restrictions
are
already
within
the
Framework
Convention
on
Tobacco
Control
established
by
the
World
Health
Organization
(WHO),
which
had
been
validated
in a
Constitutional
Court
ruling
in
2008.
He
said
the
restrictions
are
to
protect
the
population
from
the
effects
of
smoke
smoke.
When
the
law
goes
into
effect,
the
fine
for
smoking
in
public
areas
-
which
includes
the
workplace
-
will
be
˘36.000
colones.
The
law
also
fines
˘180.000
colones
anyone
who
sell
just
one
cigarette,
that
is
anything
short
of a
20
pack.
The
bill,
which
will
become
law
with
the
signature
of
presidenta
Laura
Chinchilla,
will
go
into
effect
once
it
is
published
in
the
official
government
publication,
which
is
expected
by
the
end
of
the
month.
The
ban
is
expected
to
take
effect
within
the
coming
90
days,
the
time
allowed
for
the
government
to
set
out
regulations
regarding
the
ban
and
its
application.
About
the
WHO
Framework
Convention
on
Tobacco
Control
The
WHO
Framework
Convention
on
Tobacco
Control
(WHO
FCTC)
is
the
first
international
treaty
negotiated
under
the
auspices
of
WHO.
It
was
adopted
by
the
World
Health
Assembly
on
21
May
2003
and
entered
into
force
on
27
February
2005.
It
has
since
become
one
of
the
most
rapidly
and
widely
embraced
treaties
in
United
Nations
history.
The
WHO
FCTC
was
developed
in
response
to
the
globalization
of
the
tobacco
epidemic
and
is
an
evidence-based
treaty
that
reaffirms
the
right
of
all
people
to
the
highest
standard
of
health.
The
Convention
represents
a
milestone
for
the
promotion
of
public
health
and
provides
new
legal
dimensions
for
international
health
cooperation.