NEWS
J ustice Anderson added, “We can’t be afraid to use the law. If all other efforts have failed, then we have to consider recourse in the courts to litigate to ensure our rights. "Can we litigate some of the common-law actions to see if they can be used to control NCDs? Having accepted the Framework Convention on Tobacco Control, does the failure to implement those provisions involve state liability internationally and to the citizens? What are the constitutional limits to commercial speech when intended for public health? Can there be a transnational liability for foreign producers of unhealthy foods imported into the Caribbean?" The jurist touted the Caribbean Public Health Law Forum , established in 2021, as a useful initiative to increase awareness of the role of the law in tackling NCDs and other health issues. l
“The traditional legal tools used to combat planning issues, pollutions, pandemics and so on are relevant on the margins, but the modern NCDs present unique features that call for fresh legal thinking. Those arise from the nature of the NCD problem and involve issues of personal sovereignty and autonomy, issues of intervention of scientific data, empirical studies and the conveyance of accurate information to the public.” Justice Anderson, a member of the Advisory Committee of the Law and Health Research Unit , agreed that a balance needed to be struck between personal responsibility and governmental responsibility. However, he said residents should be provided with accurate, timely and comprehensive information to exercise that personal responsibility. C oncerning attempts by regional states to implement controls on tobacco smoking, one of the NCD risk factors, the CCJ Judge said these have been "patchy at best" among the countries that have signed on to the World Health Organization Framework Convention on Tobacco Control (WHO FCTC) “In 2007, our governments promised us that certain actions will be taken in relation to protecting our health; certainly, from cigarette smoke and having smoke-free public spaces. To the extent that this promise has not been kept, can the governments be liable for breach of legitimate expectation? That is something somebody [should] ask in the right context.” He suggested closer attention be paid to areas in the constitutions that address the right to life, the right to health, the right to give and receive information, and freedom of thought and expression.
“We have to lobby the Government to pass appropriate laws to implement the Framework
Convention on Tobacco Control. Having passed the laws, we have to lobby the Government as well to establish the appropriate institutions to implement those laws. There are things we can do about schools’ food environment. Now that information has increased, we have to see if there is some way to convince our vendors that they are part of the process of trying to decrease incidents of NCDs, and we can switch to healthy choices for children. That is being done in some places, and it’s wonderful.”
13
CHILL NEWS
Made with FlippingBook - Online catalogs