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.
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