Why Amendment to Tobacco Control  Legislation are required
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Why Amendment to Tobacco Control Legislation are required

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A presentation on need of amendments in tobacco control legislation by Hemant Goswami (Burning Brain Society)

A presentation on need of amendments in tobacco control legislation by Hemant Goswami (Burning Brain Society)

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  • 1. Why & How
  • 2. The need for amendment of a tobacco control legislation National tobacco control legislation in many countries has gaps and a majority are not fully compatible with the provisions of the WHO FCTC. Amendments help review the legislation and make the necessary changes.
  • 3. The need for amendment of a tobacco control legislation Any legislation will need to be updated periodically for a number of reasons, including: The need to close unintended loopholes; The need for improvements based on continuous evaluation of the law’s effectiveness; New scientific evidence and consensus about effective measures; and Advances in public support or political will that make it possible to enact stronger measures.
  • 4. Key areas to be covered in the amendment of a tobacco control legislation Protection from exposure to tobacco smoke (Article 8) Regulation of the contents of tobacco products (Article 9) Regulation of tobacco product disclosures ( Article 9) Packaging and labeling of tobacco product (Article 11) Advertising, promotion and sponsorship of tobacco product (Article 13) Illicit trade in tobacco products (Article 15) Sale to and by minors (Article 16) Provision of support for economically viable alternatives (Article 17)
  • 5. The process of amendment Formation of an organizational mechanism (e.g. an inter- ministerial committee/ parliamentary committee ) to determine the need for periodic review of the legislation. Monitor the litigations and the tobacco control prosecution for necessary corrective action Involvement of other anti-tobacco stakeholders, including NGOs, civil society , universities, health organizations, professional associations, international experts in specialized aspects of tobacco control, or others familiar with laws in other countries that may serve as models for the legislation. Involvement of the Ministry of Law and Justice. Dialogue among stakeholders both within and outside public agencies
  • 6. The process of amendment Formation of an organizational mechanism for monitoring the enforcement of the amended legislation. Placing the amendments to the Parliament for adoption. The periodic review of the legislation should take into account, the following: Conformity with the provisions of the WHO FCTC (Framework Convention on Tobacco Control ) The progress of implementation of the tobacco control program and The emerging developments in tobacco control.
  • 7. The process of amendment Ministry of Health should take the lead for subsequent actions for bringing the changes in the legislation through necessary amendments. It is important to create a partnership between public health personnel and legislators to ensure that the amendment is both effective for health and legally correct, as well as acts as a measure that will involve a broad spectrum of participants to build consensus and support.
  • 8. Adoption & Adaptation Adoption and enactment of a tobacco control legislation after amendment can be better achieved through: Advocacy plan Communication with legislators Mobilizing supporters Engaging the public A coherent communication strategy
  • 9. conclusion… In conclusion…. Amendment of a legislation, just like the drafting of a legislation, must address the social, cultural, economic, educational and health dimensions of the country. Amendment also should be guided by principles of clarity, simplicity, consistency, familiarity and flexibility. Model tobacco control legislation and assistance from experts, both local and international, can also ease the amendment process, because they can provide a carefully constructed model that can serve as an example and a starting point.
  • 10. Thank You Hemant Goswami info@burningbrain.org +91-172-5165555