RESEARCH PAPER

The human rights responsibilities of multinational tobacco companies

M E Crow

Correspondence to:
Correspondence to:
Melissa E Crow
Brooklyn Law School, One Boerum Place, Brooklyn, NY 11201, USA; mcrow65{at}aol.com

This article explores various strategies which could be used to hold the tobacco industry accountable for human rights violations precipitated by its conduct. First, a brief overview of the international human rights regime and the tobacco related jurisprudence issued by human rights treaty bodies is provided. The article then explains how tobacco control advocates could promote more systematic consideration of governments’ tobacco related human rights violations by reconceptualising the Framework Convention on Tobacco Control in the language of rights. The feasibility of using the existing human rights framework to target the tobacco industry directly is analysed with the conclusion that this approach has serious limitations. Emerging human rights norms, which have greater potential to affect the industry’s conduct, are presented. Finally, given the questionable authoritativeness of these norms, alternative ways that they could be employed to hold tobacco companies accountable for the rights related consequences of their activities are proposed.

Abbreviations: ATS, Alien Tort Statute; BAT, British American Tobacco; CEDAW, Convention on the Elimination of All Forms of Discrimination Against Women; CESCR, Committee on Economic, Social and Cultural Rights; CRC, Convention on the Rights of the Child; FCTC, Framework Convention on Tobacco Control; ICCPR, International Covenant on Civil and Political Rights; ICESCR, International Covenant on Economic, Social and Cultural Rights; NGOs, non-governmental organisations; UDHR, Universal Declaration of Human Rights; UN, United Nations; WHO, World Health Organization

Keywords: human rights; corporate responsibility; accountability; consumer; Framework Convention on Tobacco Control; Norms on the Responsibilities of Transnational Corporations

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