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. 2021 May 25;180(12):3423–3431. doi: 10.1007/s00431-021-04116-w

Table 2.

Overview of pertinent children’s rights/interests and their indicative implications for tobacco control

Children’s rights and interests relevant to tobacco control Indicative implications
Best interest of the child (Articles 3 CRC; 24 EU Charter) Ensure that children’s best interests are consistently implemented in every tobacco-related action taken; ensure the child such protection and care as is necessary for his or her well-being by protecting it from tobacco
Health (Articles 24 CRC; 11 ESC; 35 EU Charter; the ECHR does not contain such a right but see Articles 2, 3, 8 ECHR and Article 2 Protocol no 1 to the ECHR) Take appropriate measures to reduce the use of tobacco among children; prevent exposure to smoking; provide advisory and educational facilities for the promotion of health and education in schools on prevention of smoking; restrict the supply of tobacco through controls on production, distribution, advertising and pricing; ban the sale of tobacco to young persons; create smoke-free spaces; ban tobacco advertising
Life [survival and development] (Articles 6 CRC; 2 ECHR; 2 EU Charter) As above
Information (Articles 17 CRC; 11 EU Charter) Provide appropriate information to protect children against the harmful effects of tobacco
Government support for parental responsibility to protect best interest of the child (Article 18 CRC) Support parents to avoid exposing children to environmental tobacco smoke
Protection against physical and moral dangers (Articles 19 CRC; 7.10 ESC) Protection against the spread of smoking
Adequate standard of living (Article 27 CRC)/Respect for private and family life (Articles 8 ECHR; 7 EU Charter) Ensure children are not exposed to tobacco smoke inside their homes
Protection against exploitation (Article 36 CRC) Protect children against tobacco marketing

CRC United Nations Convention on the Rights of the Child [58], EU European Union, ESC Council of Europe European Social Charter [59], ECHR European Convention on Human Rights [65]