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Constitutional Court upholds smoking ban in restaurants

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Brno, April 18 (CTK) – The Czech Constitutional Court (US) upheld the smoking ban in restaurants on Wednesday, but it made some minor modifications to the anti-smoking law and cancelled the ban on alcohol drinking in the activities during which people could threaten themselves.

The latter proviso related to everyone, even they performing routine activities such as ironing and lawn mowing.

The US narrowed the ban on the sale of tobacco and alcohol products to the events solely destined for children.

Before, the ban related to the events destined primarily for children. The court has deleted the word primarily from the legislation.

Prompted by a group of senators, the US was examining the anti-smoking bill for over a year.

Along with the absolute ban on smoking in restaurants, the US maintained the validity of the ban on sale of alcohol in cash machines and the ban on the sale of alcohol to the people who may be expected to drive a car or perform another risky activity threatening health and property.

The smoking ban in restaurants is not any inadmissible intervention in human rights, the US said, adding that this was, however, neither the only nor the best possible solution. It is up to the parliament to decide.

The ban pursues a legitimate objective, which is the protection of health, the US ruled.

The court did not comply with the proposal to cancel the clauses under which the transportation and medical treatment of the underage under the influence of alcohol is covered by their legal representative.

The Chamber of Deputies was waiting for Wednesday’s ruling. Next week, it will debate a proposal to soften the anti-smoking law. The government has expressed disagreement with the motion.

In March, Health Minister Adam Vojtech said most ministers agreed it was too early to assess the law’s effect. It took effect at the end of May 2017.

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