# data[].attributes.body
In the DRC, article 111 of the law on the fundamental principles relating to the organisation of public health provides that: ''It is forbidden to sell or offer tobacco or tobacco products free of charge to a minor. Minor children may not sell, buy, transport or consume tobacco, tobacco products or their derivatives. It cannot be used for the same purpose".

The following articles of the CRC are relevant to the topic of tobacco control:

- Article 3(3) : "States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision."

- Article 17 : "States Parties recognise the important function performed by the mass media and shall ensure that the
child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health."

- Article 24(1): "States Parties recognise the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall strive to ensure that no child is deprived of his or her right of access to such health care services."

- Article 24(2) : "States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures":
(b): "To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care."
(c): "To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking-water, taking into consideration the dangers and risks of environmental pollution."

- Article 24(3): "States Parties shall take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children."

# data[].attributes.body
The Convention on the Rights of the Child

Article 3 -In all actions concerning children, the best interests of the child shall be a primary consideration.
Article 6 - every child has the inherent right to life.
Article 13 - the child has the right to seek, receive and impart information..of public health.
Article 17 - Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being.
Article 24 - recognizes the right of the child to the enjoyment of the highest attainable standard of health.
Article 27 - recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.
Article 32 - recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or interfere with the child's education, or be harmful to the child's health or physical, mental, spiritual, moral or social development.
Article 36 - States Parties shall protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

NIGERIA's NATIONAL TOBACCO CONTROL ACT, 2015
S. 1 (a) (b) - prioritized the rights of the child as part of the objectives of the Act.
S. 9 (1) - Prohibits smoking in a residential house, tricycle, vehicle, aircraft etc occupied by a person below 18 years of age.
S. 15 - prohibits sale or access to tobacco products to persons below 18 years of age.
S. 21 - prohibits misleading packaging, labeling and product design.
S. 38 - Training and Public Awareness campaign about the addictive and harmful nature of tobacco.

NATIONAL TOBACCO CONTROL REGULATION 2019
S. 11 (8) - prohibits a person under 18 years in any designated smoking area.
S 15 (3) - A tobacco manufacturer, retailer etc must verify a person is above 18 years before the sale of tobacco products.
S 18 (d) - probits a public authority from accepting, supporting or endorsing the tobacco industry organizing, promoting or participating in or performing children, youth or public education...directly or indirectly related to tobacco control

# data[].attributes.headline
Article 34 of the 1995 constitution of the Republic of Uganda as amended stipulated children rights of specific interest to tobacco control are clauses 4 and 5 of the same, these emboldened tobacco control Advocates to impress it on parliament to expand the definition of a minor to 21 years years so as to provide protection for persons of 16, 18 years that would otherwise be factored in employment in tobacco and products business by the Employment Act of 2006 provisions. 

# data[].attributes.subject
Article 34 of the 1995 constitution of the Republic of Uganda as amended stipulated children rights of specific interest to tobacco control are clauses 4 and 5 of the same, these emboldened tobacco control Advocates to impress it on parliament to expand the definition of a minor to 21 years years so as to provide protection for persons of 16, 18 years that would otherwise be factored in employment in tobacco and products business by the Employment Act of 2006 provisions. 

# data[].attributes.body
The government of Uganda ratified the United Nations Convention on the Rights of the Child (UN CRC) in 1990 . Uganda is committed to the full realization of children's rights as enshrined in the Convention on the Rights of the Child and its attendant Protocols.
in Uganda's Constitution Clauses 2 and 3 domesticate article  (Art. 24 of the CRC) is referenced in the last paragraph of the Preamble to the FCTC which speaks to  A child’s right to the enjoyment of the highest attainable standard of health.
Clause (4) provides that Children are entitled to be protected from social or economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or interfere with their education or to be harmful to their health or physical, mental, spiritual, moral or social development.
Clause (5) provides that for purpose of clause (4) of this article, Children shall be persons under the age of 16 years.

Tobacco control Act functionalized the Constitutional provisions, factoring in Article 39 which quarantines all persons the right to a clean and healthy environment, to that end:
Section 11 of the TCA
1. Places frequented by minors are 100% smoke free environment as public places;
2. Places frequented by minors are banned from offering for sale tobacco products;
3. Minors are banned from purchasing tobacco products and Sec. 16 bans display of tobacco products and their say online or through vending machines which would other ways defeat the seller of tobacco products ascertaining the age of the tobacco products purchasers;
4. Section 17 prohibits involving persons below 21 years called herein minors from any tobacco activity as it bans any dealings to and by minors, disqualifies the defence of age knowledge,  bans offering for sale items that mimic or resemble tobacco products in Uganda and provides deterrent sentences that include not less that imprisonment of not less that 1 year for individuals, fine of 100 currency points and for businesses suspension of a trade license for not less than 6 months, fine of 1000 currency points and surrender of  all proceeds to government upon conviction.

NB a currency Point in Uganda is 20,000/= equivalent to 5 USDs

# data[].attributes.body
provisions under the Convention on the Rights of the Child (CRC) and National Laws which advance the children's rights in tobacco control.

(a) CRC
(i) Article 24. right to enjoyment of highest attainable standards of health;

(ii) Art.3. Best interests of the child to underlie all legal actions pertaining the child.

(iii) Art. 6. Right to life, survival and development.

(iv) Art. 27. Right to an adequate standard of living.

(v) Art. 33. Protection against illicit drug use.

(vi) Art. 36. protection against exploitation

(vii) Art. 32. Protection from economic exploitation and from and from performing any work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health, or physical, mental, spiritual, moral or social development.

(b) National Laws.

(1) The Constitution of Kenya

(i) Art. 42. Right to a clean and healthy environment.
(ii) Art. 43. Right to highest attainable standard of health.
(iii) Art.43 Right to education.

(2) Tobacco Control Act (TBA) and Tobacco Control Regulations

(i) s. 10. Right to education.
(ii) s.15. selling and buying of tobacco products by minors.
(iii) right to smoke free environment(parent and guardian responsible for ensuring children are free from second-hand smoke)
(iv) s.33 prohibited smoking areas ( children's homes, residential houses )

(v) r.15 Prohibition of smoking in private vehicles and near public place (private vehicle where children are on board).

(3) Children Act, 2022

(i) s.9 Best interests of the child
(ii) s.13 Right to basic education
(iii) s.16 Right to healthcare
(iv) s.18 Protection from child labour.
(v) s. 24 Protection from drug and substance abuse

# data[].attributes.body
CRC

Article 6 - the right to life of children

Article 24 - the right to health

Article 33 - duty on the state to ensure children are free from narcotic drugs

National Law
Article 36 of the FDRE COnstitution
Every child has the right:

1. (a)  To life;

# data[].attributes.body
CRC
Article 3

1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child

shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other

individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and

administrative measures.

3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities,

particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.

Article 6

1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child
Article 24

1. States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health. States Parties shall

strive to ensure that no child is deprived of his or her right of access to such health care services.

2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate

measures:

(a) To diminish infant and child mortality;

(b) To ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care;
Article 33

States Parties shall take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances.
NATIONAL TOBACCO CONTROL ACT, 2015
S. 1 The objective of this Act are to-
(a) protect present and future generation of Nigerians and residents  of Nigeria from the devastating health, social, economical, and environmental consequences of use of or exposure to Tobacco or Tobacco products and exposure to, tobacco or tobacco products smoke;
(b)(i) - gives effects to the obligation to protect under CRC
S. 9 (1) - Prohibits smoking of Tobacco of Tobacco products in a residential house, tricycle, vehicle, aircraft, sea vessel, rail coach etc, indoor or enclosed places and even outdoor occupied by a person below 18 years of age.
S. 15 - prohibits sale or access to tobacco products to persons below 18 years of age or employ or use a person who is below 18 years for the sale of Tobacco or Tobacco Products.
S. 38 - Encourages education, communication, Training and Public Awareness campaign about the addictive and harmful nature of tobacco.

NATIONAL TOBACCO CONTROL REGULATION 2019
S. 8 - Prohibits smoking in both indoor or outdoor public gathering places.
S. 11 (8) - prohibits a person under 18 years is not permitted in any designated smoking area.
S 15 (3) - A tobacco manufacturer, retailer or their proxies must verify a person is above 18 years before the sale of tobacco products.
S 18 (d) - prohibits a public authority from accepting, supporting or endorsing the tobacco industry organizing, promoting or participating in or performing children, youth or public education or any initiatives that are directly or indirectly related to tobacco control

# data[].attributes.body
The United Nations Convention on the Rights of the Child (CRC)

Art. 3 (1) `...the best interests of the child shall be a primary consideration.`

Article 6 inherent right to life.

Art. 24 (1) `...enjoyment of the highest attainable standard of health...`

art. 24(2) (c) `To combat disease...`

Art. 27(1) `...recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development.

Ethiopian Legal Framework
The Food and Drug Administration Proclamation No. 1112/2019

Art. 48 Smoke free places (for all)

Art. 49(1) The sell of tobacco products by and to any person under the age of 21 shall be prohibited. .

Art. 49(2) `...prohibited to sell tobacco products within hundred meters of the premise of health institutions, schools, and youth centers...`

# data[].attributes.headline
Tobacco Control & International Human Rights

# data[].attributes.subject
Tobacco Control & International Human Rights

# data[].attributes.body
Relevant Articles under the CRC
The Preamble
Article 3 (3)
...ensuring institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health.....

Art. 24 (1), (2)
States Parties recognize the right of the child to the enjoyment of the highest attainable standard of health .......
2. States Parties shall pursue full implementation of this right and, in particular, shall take appropriate measures;.....

Article 32 (1)
States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or interfere with the child's education, or harmful to the child's health or physical, mental, spiritual, moral or social development.

Article 33
Article 36
.... protect the child against all other forms of exploitation prejudicial to any aspects of the child's welfare.

Article 44
Parties' undertaking to submit to the Committee, through the Secretary-General of the United Nations, reports on the measures  adopted to realize the rights recognized herein and on the progress made on the same

Child relevant provisions under the Tobacco Control Regimes

Tobacco Control Act, 2007
Sec. 9; Government to undertake information, education and communication

Sec. 10; Ministry responsible for education to integrate tobacco matters into syllabuses

Sec. 12. Tax and price policies
The Finance Minister to  implement tax policies and where  appropriate, price policies on tobacco products to further objectives of this Act;
Sec. 15. Proscription of Supply to and by young persons with regard to tobacco products

Sec. 16; Display of signs barring sale to minors
Sec.17; Vending machines prohibited from selling tobacco products
Sec. 21; Provisions on packaging and labelling
Sec. 22-31; Bans on TAPS
Sec. 32-35; provisions for Smoke free environments

# data[].attributes.body
The Tobacco Control Regulations, 2014
Part II; Packaging and Labelling
Part IV; Protection from exposure to Second-hand smoke tobacco smoke Sec. 15-17

# data[].attributes.body
UNCRC

Article 3: Best interest of the child. The best interest of the child takes primary consideration in all matters concerning the child.

Article 6: Inherent right to life. The use of tobacco predisposes children to conditions that can lead to death. For example, the use of tobacco products by pregnant women predisposes unborn children to death and other life threatening conditions.

Article 24: Right to enjoy the highest attainable standards of health. Use of tobacco is a threat to public health and as such children exposed to the impacts of tobacco have the right to access the highest attainable standard of health.

The right also encapsulates the right to diminish infant and child mortality. Research has shown that exposure and use of tobacco products are threats to child mortality hence need to take measures to protect children.

Article 32 . States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. In context the exposure of children in tobacco farms and production of tobacco, children being cheap labour exposes children to hazardous practices that threaten a child’s education and well-being.

KENYA CHILDREN’S ACT, 2022

Article 6: Survival and development Every child shall have the right to life, survival, wellbeing, protection and development.

Article 8: Best Interest of the child In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies— the best interests of the child shall be the primary consideration.

Article 16: Right to health care Every child shall have the right to the highest attainable standard of healthcare services in accordance with Article 43 of the Constitution.

Article 24: Protection from drug and substance abuse Prohibits any person from exposing children to the use or trafficking of drugs in any form. Tobacco and tobacco products in Kenya are categorized as drugs and therefore fall under this provision.