Hev60 wrote:
Yes I hated the smoke drifting around in public places and workplaces and I would never condon this law being reversed but I'm amazed that this hasnt been challenged under
human or civil rights. As much as a non smoker has the right not to be inflicted with cigarette smoke, surely a smoker has the right to smoke somewhere.
Yes people can smoke 'somewhere' - in places in the open or their own home (or other peoples home if they allow it).
A HR case would fail because (in my view and I'm no lawyer) there is not an absolute ban on people smoking just a restriction on where it can take place. It is also a general restriction affecting everyone not one applying to an individual or very small numbers of people or a specific group of people.
And there have been restrictions on smoking in all sorts of places for many years - in factories, shops, public transport without any court cases being brought.
And there are lots of restrictions on peoples activities that are not breaches of human rights (though some may wrongly think they are)
You mentioned alcohol - there is a by-law prohibitting drinking on the London Undergrouns. Is that a breach of human rights? Certain trains also have alcohol restrictions (mainly relating to football matches) - so restrictions rather than outright bans - you can still drink just not in a particular place for a particular time.
Even in the ever litigation happy US I don't know of any court cases relating to the various smoking bans in eg NYC.