smoker lights up

Legal challenge to smoking ban

Updated 11.39 Fri Jun 29 2007
Keywords: Smoking, courts

Campaigners for the right to smoke are launching a High Court challenge over the Government's smoking ban in enclosed public places.

The ban, which starts on Sunday July 1, covers virtually all enclosed public places including offices, factories, pubs and bars, but not outdoors or private homes.

The group says the ban amounts to injustice and erosion of freedom and personal liberties

The pressure group Freedom2Choose is planning to lodge papers at the Royal Courts of Justice in London seeking a judicial review.

The group says the ban amounts to injustice and erosion of freedom and personal liberties.

Their legal challenge is based on the contention that it violates human rights laws.

These include a breach of Article 1 of the First Protocol of the European Convention on Human Rights which guarantees the right to the peaceful enjoyment of possessions.

Freedom2Choose also says the new laws are an "unjustifiable" infringement of the right to respect for privacy under Article 8 of the convention.

The group says: "This will be a legal test case with significant wider public interest."

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