Not only Marrickville and Young Shire, the two latest councils that have adopted outdoor smoke-free policies, but also 78 other councils have put an outdoor smoking ban in place and still some others are on the way to consult the public about similar policies. The NSW government has also been considering a state-wide outdoor smoking ban.
Things are getting tougher on smokers. They say they have the feeling of being chased and marginalised. They feel their freedom of choice and human rights are being abused.
However, it’s not the case. It’s only their feelings.
The case is that their right of smoking still exists. The outdoor smoking ban which is quickly spreading over the state doesn’t abuse smokers’ human rights but help non-smokers claim back their rights.
In the case of Marrickville, although the council adopted on
e of the toughest outdoor smoke-free policy packages in NSW which bans smoking in most public areas from July 1, 2011, including alfresco dining venues, within 10 meters of bus stops and children’s playgrounds, the right to smoke is still maintained. Gary Moore, Director of Marrickville Community of Services affirmed that although the policy aimed at protecting non-smokers, it didn’t stop people smoking.
“Smokers are still allowed to light up on the streets and other places where people don’t gather,” he said.
The ban is said to still keep a line of retreat open for smokers. In the context that smoking is proved to cause adverse health effects, annually killing 15.000 Australians due to related diseases and costing the country a huge $31.5 billion, much higher than the tax revenue generated from tobacco sale of $6 billion, both the federal and NSW governments could have introduced a stricter ban if they didn’t take into account its democracy and smokers’ rights and suffering.
People have a right to smoke, but the right cannot extend to harming others. Science has proved that second-hand smoke can cause various health risks, such as asthma, respiratory infections, heart disease, lung cancer, sudden death syndrome and stillbirth. Obviously, it is unfair to let some people enjoy their pleasure at the expense of others. A basic principle of public health which also is featured in NSW Council for Civil Liberties (2008) states: It is a person's right to use any legal substance, but “the context of use should be dependent on the comfort of others” and smoking should only be allowed where “there is no possibility of passive smoking causing harm or discomfort to others”.
Outdoor dining venues have been colonised by smokers for too long a time. Some or a group of smokers enjoying coffee, blowing fumes into the air and occupying outdoor cafes has been a common image in many corners of Sydney.
On a sunny 
beautiful day, many of us would love to have coffee outside our favourite cafe. However, for non-smokers, if they have a chance to enjoy a sunny warm seat with street view, their happiness might not last long. A few minutes after one or two smokers turn up, the happy non-smokers realised that they need to leave and they do it - a common choice when people have to weigh between the risk of second-hand smoke exposure and the benefits brought about by a nice place.
A similar situation happens at bus stops. Smokers easily occupy a bus stop. They don’t need to do or say anything, just turn up with a burning cigarette! This kind of smokers’ occupation in outdoor places might have started since the NSW Smoke-free Environment Act 2000 and its related amendments which ban smoking in “enclosed” areas came into effect.
Smokers get upset and start their outcry when they lose their privileges. It’s natural and understandable. It wouldn’t be understandable and reasonable if smokers’ dynasty continues and their rights keep superceding or are given equal weight to those of non-smokers. It is noteworthy that not only common sense but also international legal frameworks are on the side of non-smokers. The right to smoke, in fact, has never been internationally recognised . Smoking is never a basic right. Neither the Universal Declaration of Human Rights (1948) nor the International Convention on Economic, Social and Cultural Rights (1966) – the two most well-known international legal frameworks on human rights – mention this right.
Meanwhile, the rights of non-smokers are strongly backed by international agreements. Articles 15 and 36 of the International Convention on Economic, Social, and Cultural Rights say everyone is entitled to the right to the highest attainable health. The convention discourages the abuse of tobacco and other harmful substances and obliges nations to take actions to reduce population exposure to these substances.
In a more direct way, article 8 of WHO's Framework Convention on Tobacco Control requires signatories (including Australia) to take effective actions to protect all people, with no exceptions, from second-hand smoke exposure in all indoor places and other places.
Several states both inside and outside Australia have surpassed NSW in the field of tobacco control in outdoor areas. For instance since July1, 2006, all commercial outdoor eating or drinking areas in Queensland have been smoke-free. Recently, the City of New York on May 23 started to ban smoking at parks and beaches and Canada’s City of Winnipeg early this month also released a proposal to prohibit smoking within 30 meters of athletic fields where youth are playing sports, in addition to playgrounds, school grounds, public pools and spray pads, according to Winnipeg Free Press.
Smoking ban policies are getting tough and could even be tougher. In its recently released discussion paper on Tobacco Control in NSW 2011-2016, the state sets targets to decrease the proportion of adult-smokers to 10% by 2020 from 17.2% in 2009 and prohibits smoking in all commercial outdoor eating and drinking areas.
Smokers would face a hard time ahead. However, giving back to non-smokers smoke-free areas or in other words, returning to Cesar what is Cesar’s, is a proper behaviour.
Also, tracking down to the root, the policy would be a motivation for smokers to quit smoking. According to Professor Simon Chapman from the University of Sydney, a leading Australian expert on tobacco control, in a recent interview with ABC LifeMatter program, the fact that having to go out of a restaurant in a cold and rainy evening to smoke is uncomfortable for smokers but this would “drives many smokers out of smoking”, an unhealthy habit which is also a life prison for many of them.
The charts look really good Chau.
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