Accountable
Sunday, 21 February 2010
Lest our authorities should forget, the government can become legally accountable for any threat to the life of the people due to the lax implementation of the law banning smoking in public places.
Many countries have experienced a rise in the number of litigation instituted by victims of cigarette smoke after the link between it and all sorts of ailments, including heart attacks and cancer, has been conclusive in courts of law.
While the Ministry of Health is being coerced by some to procrastinate over the application of the ban, it risks being held accountable for damages that victims of smoking would incur. This means that the government must be more serious and determined to enforce the law.
Many victims of cigarette smoke won large amounts in damages, including punitive damages because smoking in public places was allowed to continue despite the overwhelming evidence that it seriously endangers life
Accountability may extend to international fora as well, where various legally binding conventions that Jordan had ratified view the right to health not as a luxury but as a basic human right that is the foundation for the right to life. Many victims of cigarette smoke won large amounts in damages, including punitive damages because smoking in public places was allowed to continue despite the overwhelming evidence that it seriously endangers life.
So while restaurant and coffee owners are trying to gain time before enforcing the ban, both they and the government should be aware that they can be held accountable in a court of law for utter disregard for the health of people.
Turkey is fine example of how the ban on smoking can be implemented in no time once there is a political will. There is not one inch of public place in Turkey where smoking is allowed. Why not emulate it? Unfortunately, not one Arab country has applied the ban on smoking consistently. Why the Arab world should remain behind in almost every conceivable manner, including matters that affects the very health of its citizens, is really disturbing.
I would very much like to see Jordan emerging as a pioneer Arab country that respects the right to health of its people. I would very much like to see the anti-smoking society in Jordan go to court over this issue, filing a legal complaint and demanding compensation from the perpetrators and those who aid and abet the commission of this violation. We need to set an example for the rest of the countries in the region by being faithful to the international guidelines on how to promote health and protect the lives of people.
Of course there are other facets of life that need attending to, but for the time being, cigarette smoking in public places deserves priority consideration.
*Published in Jordan's THE JORDAN TIMES on Feb. 21, 2010.
