No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeArchiveCosta Rica’s Supreme Court declares anti-smoking bill constitutional

Costa Rica’s Supreme Court declares anti-smoking bill constitutional

Read the full text of the bill here

The Constitutional Chamber of the Supreme Court (Sala IV) ruled Tuesday that Costa Rica’s anti-tobacco bill is constitutional.

In a 5-2 decision, the court said the Control of Tobacco and its Harmful Effects on Health Bill “did not contain any procedural errors nor articles that could be deemed unconstitutional.”

The bill now goes to the president for signing into law.

President Laura Chinchilla praised the ruling through her Twitter account. She plans to sign the legislation at 10:30 a.m. Thursday.

“I celebrate that the Sala IV gave the green light to the anti-tobacco bill,” Chinchilla wrote. “Nothing will stop us from signing it, and we will do it as soon as possible.”

After the bill receives the president’s signature, it must be published in the official government newspaper, La Gaceta, before the rules become official. Then, a 90-day adjustment period starts as officials determine reglamentos, or regulations, that explain how the law will be enforced.

The bill bans smoking in places such as bars, restaurants, public buildings, bus stops and taxi stands. Taxes will increase ₡20 ($0.04 cents) per cigarette. The bill mandates cigarette packs display text and photo warnings on at least 50 percent of the box. Central American neighbors Guatemala, Honduras and Panama already approved similar measures.

A couple of the magistrates who approved the bill questioned why the legislation was reviewed by the Sala IV in the first place.

On Feb. 27, Costa Rican lawmakers passed the 100-percent smoke-free environment bill in a 45-2 vote, sending it to the president to sign. However, in a controversial move, the Sala IV accepted a last-minute petition by 10 opposition legislators to assess the bill’s constitutionality before Chinchilla could sign it into law.

Judges Luis Jinesta and Ana Virginia Calzada stated the Sala IV never had authority to review the bill since it already had passed through the Legislative Branch. Still, the tobacco reforms held up under scrutiny – and for the reasons anti-tobacco advocates had cited all along.

The judges wrote that there’s no proof the bill’s tax increase will encourage contraband, an argument made by tobacco companies Philip Morris and British American Tobacco. Smokers’ rights are not infringed upon since the law does not ban the sale of tobacco products, the Sala IV affirmed, as it only limits where the products can be used in an effort to protect public health. The smokers’ rights argument had been made repeatedly by leaders of the country’s Restaurant Chamber, which oversees bars and club in Costa Rica.

Representatives for the tobacco industry and the Restaurant Chamber both stated to media Tuesday night that they would accept the ruling. Since the Sala IV declared the bill constitutional, opponents have limited recourse for stopping its implementation, although they can try to influence the strictness of reglamentos.

In addition, the Sala IV referenced the effectiveness of the law in other countries in regards to protecting the public. The smoke-free bill follows guidelines set by the World Health Organization, already put into practice in nine other Latin American countries.

Smoking poll

Do you support the new anti-smoking bill?



Trending Now

Costa Rica President Confronts Calls to Strip Immunity

Costa Rican President Rodrigo Chaves denounced today an “attempted judicial coup” as he appeared before a congressional committee that must recommend to the full...

Guatemala Prisons Erupt in Violence With Guards and Workers Taken Hostage

Gang members rioted this Friday in two prisons in Guatemala and took several guards and civilian employees hostage, a week after uprisings in which...

The Most Clueless Gringo in Costa Rica: A Satirical Take on Expat Life

If part of your online day includes mindless scrolling through reels, you’ve probably seen the Dos Equis beer parody commercials. The original ads featured the...

Earthquake Shakes Costa Rica’s Central Valley

An earthquake shook Costa Rica early Friday morning. The tremor occurred at 12:45 a.m. with a magnitude of 4.4. Its epicenter was located 1...

US Cracks Down on Costa Rica’s Narco Network with New Sanctions

The US Treasury Department moved against a Costa Rican drug trafficking ring today sanctioning four individuals and two entities tied to cocaine smuggling and...

Costa Rica’s Role in US Deportation Drama with Salvadoran Migrant

A Salvadoran man at the center of a heated US immigration battle could end up in Costa Rica if he accepts a guilty plea,...
spot_img
Costa Rica Coffee Maker Chorreador
Costa Rica Coffee Maker Chorreador
Costa Rica Travel Insurance
Costa Rica Rocking Chait
Costa Rica Travel

Latest News from Costa Rica