Document Type


Publication Date

Spring 2010


The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the role that the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court on Human Rights can play to protect the fundamental right of nonsmokers to a smoke-free environment, regardless of their domestic laws.