There are other epidemics that we live with every day. Tobacco harm is one of them, causing 115 deaths each day in South Africa. We call for bold action on tobacco control, as the protection of public health through tobacco control is inextricably linked with human rights to life, health and a healthy environment. This Human Rights month, we call on our leaders to recognise that halting the spread of the tobacco epidemic is an obligation as South Africa is a signatory to the World Health Organisation Framework Convention on Tobacco Control (FCTC). Passing South Africa’s Control of Tobacco and Electronic Delivery Systems Bill, for which the public consultation ended more than 18 months ago, would be a good step in the direction of the ‘right to health’.

Human rights to life and health: protecting children from second-hand smoke

Exposure to second-hand smoke, particularly for children, leads to middle ear infections, respiratory diseases including asthma, the worsening of serious conditions such as cystic fibrosis and asthma, and in some cases, death. The dangers posed by second-hand smoke violate the rights of non-smokers and children, affecting their rights to life, health and a clean and safe environment.

The Bill requires that any enclosed public area is 100% smoke-free, and will make certain outdoor public places smoke-free too.  It removes the current requirement to provide for smoking areas in all enclosed public places, workplaces and on public conveyances and applies the 100% smoking ban to common areas of multi-unit residences. It further bans smoking in private dwellings used for commercial child care/education and in cars carrying children under 18. People caught smoking or vaping or using e-cigarettes in no-smoking zones could face a hefty fine and/or up to three months in prison.

Human rights to life and health: protection from active smoking and addiction

Human rights principles also justify protecting individuals from the harms of smoking and nicotine addiction. We have a right to enjoy the highest attainable standard of physical and mental health, including the prevention, treatment and control of epidemic, endemic, occupational and other diseases. Tobacco products are the only legally available consumer products that kill over 50% of users when used exactly as intended. Many adolescents are tempted into experimentation with cigarette smoking, and now e-cigarettes, at a fragile time when they can’t fully grasp the addictive grip of nicotine and the health impacts they will later experience. The body of research showing the health harm arising from e-cigarette use, which are popular among young people, continues to expand. 

The Bill introduces uniform plain packaging for all brands and pictorial warnings on all packages. The Bill bans cigarette advertising at tills, removing the loopholes in existing provisions for advertising displayed at points of sale. It further bans the sale of cigarettes through vending machines. Current tobacco control legislation predates the introduction of e-cigarettes and needs to be urgently updated to include the regulation of e-cigarettes. The Bill does include regulation of e-cigarettes and when passed, e-cigarettes will finally fall under the same regulations as cigarettes.

Human rights to life and health: protection from lung disease

At a time when respiratory diseases are in the spotlight, it is worth noting that WHO statistics show that in South Africa (SA) alone, smoking results in more than half of lung cancer deaths, and over 20% of tuberculosis (TB) deaths. As with many lung-related diseases, tobacco use increases the risk of contracting tuberculosis, recurrent TB and impairs patients’ response to treatment. Current evidence shows that the novel coronavirus (Covid-19) presently ravaging the world negatively affects people with a history of smoking disproportionately. There is ample motivation here for smokers to stop smoking and improve their lung and respiratory health.

By flooding countries with an addictive and lethal products that kill eight million people globally, and over 42000 in South Africa alone per year, the tobacco industry violates our rights to life and health and undermines our right to clean air.  The tobacco industry actively works to undermine our human rights by spreading misinformation about their products and thereby manipulating public opinion, refuting science and fabricating support through the establishment of front groups in an attempt to hold back policy change.  

The objectives of the tobacco industry to make profit will always be in opposition to the interests of public health - but we cannot allow the wealth of a few to be made at the expense of the health of many. It’s time for our government to show leadership in the fight to protect our human rights by ensuring that the Bill is passed with urgency.  We call on government to protect our right to clean air, a healthy life and the rights of children to be free of addiction and pass the Bill now! 

Savera Kalideen, Executive Director of the National Council Against Smoking (NCAS), on behalf of NCAS, The Heart and Stroke Foundation, CANSA