R Street Institute

Policy Studies Harm Reduction

Regulatory Restriction Of E-Vapor Products Under International Human Rights Law

Nov 18, 2019
Download PDF Print

Key Points

That health is recognized as a right under international law demonstrates its importance for most nations and considers that the protection of human health is a responsibility that must be undertaken by governing bodies.
Even though more research on the effects of EVPs on tobacco consumption is needed, there is already substantial evidence to indicate that their use may significantly reduce the health risks associated with smoking.
Under international treaties, governments may have a duty to provide access to less harmful alternatives to combustible cigarettes in the pursuit of a right to health. Subjecting EVPs to the same taxation regimes as conventional cigarettes or banning them all together may contravene the international human rights commitments of states.

The right to health is a prerogative inherent to every human being. The protection of the human right to health requires States to take into consideration this objective in the design and implementation of their laws and policies, including those regarding taxation and trade. Consequently, governments must examine the perceptions and behaviors of consumers, and in so doing, should not neglect the data that shows there is a growing number of consumers using EVPs as an alternative or substitute to smoking.

Featured Publications