In 2020, the COVID-19, which spreads all over the world, leads public attention back to the right of health. Regardless of race and wealth, the health right belongs to all the mankind. Studies have shown that about 0.6% of the gases released from the burning of tobacco products are harmful, and 0.2% are carcinogenic or possibly carcinogenic. This figure is quite different from that of other global health problems such as AIDS, cardiovascular and cerebrovascular diseases and cancer, but the first international convention promoted by the WHO was the framework convention on tobacco control (FCTC). Since the tobacco control convention attaches great importance to the right to health, pays attention to reducing the cost of protecting the right to health from the perspective of prevention, and controls the smoking activity itself with low cost and high benefit, the convention has gained unprecedented recognition in the world, and has become one of the international conventions with the most contracting parties in the world. At present, more than 90 percent of countries have joined the convention, so it can be said that the prospect of its implementation is optimistic. In the context of the new era, the implementation process should focus on the construction of a comprehensive smoke-free environment and the infringement of minors by tobacco, including new-type tobacco. Just as the theme of World No Tobacco Day 2020: the tobacco industry is attacking the next generation.
The legal effect of the tobacco control convention is actually the legal effect of the tobacco control convention in the country of the contracting states, which requires the contracting states to actively fulfill the general obligation of the transformation of domestic laws, so as to build a world defense line that jointly gives priority to the protection of the right to health, a basic human right. Although the convention on tobacco control article 5 paragraphs 1 and 2 (b) the common rules for tobacco control legislation obligation of the parties, but because of the convention on tobacco control principle and general, is still in the process of the implementation of the strategy of comprehensive smoke-free in time, space, and exposed the convention on the law effect dimensions into many weak links, to further give full play to the convention on tobacco control to maintain public health and promote the positive role of the right to health, measures should be taken by optimization.
The research significance of this paper is as follows: first, it is helpful to sort out the practice of general obligations of the convention macroscopically. Secondly, it is helpful to make up for the excessive principle and generality of the convention by analyzing the relevant situations of contracting countries. Thirdly, the implementation of the comprehensive smoke-free strategy is conducive to understanding the weak links in time and space in the implementation of the convention. Fourth, it is conducive to proposing targeted and effective measures in the process of deepening the implementation of the convention. Fifth, it is conducive to making up for the hysteresis of the convention, so that the convention will continue to play a positive role in human health.
Through the analysis of “health” in the text of the tobacco control convention, this paper demonstrates that the tobacco control convention takes the basic human right of health as the theoretical cornerstone, and strengthens the general obligation of the contracting states to carry out the transformation of the convention towards domestic law. Based on the data released by the United Nations, the World Health Organization and other international organizations, the implementation of the general obligations of the convention will be analyzed in terms of time, space and effect.