CEU eTD Collection In Partial fulfilment of the requirements for the degree of Master of Arts Mapping the Role of Basic Rights in the Hungarian T obacco Control: Who should be protected? Tobacco be Whoshould Control: Supervisor: Professor Judit Sándor Department of Political Science Political of Department Central European University European Central Professor János Kis Budapest, Hungary Submitted to Submitted Winne Ko Winne (2011) By CEU eTD Collection respecting individuals’ rights. individuals’ and respecting interventions of a combination for calls and control tobacco for instrument an as policy of their rights. violations respectto with are presented andworkers) women the to differentnotions of Furtherrights. scenarios of special in relation category of non-smokers (children, is analysed collected Opinion relevance. empirical the and rights of framework legal connectcatering public the the to businesses) and workers, (healthcare stakeholders care, health to privacyand right rightthe toinformation.right Interviews with wereconducted groups three the of health, to right the discussion: the of core the at are rights basic Four stake with forthcomingthe ban and explore possible the conflicts arise from legalthe policy. process of lawmaking. inthe protected be also should rights actors’ other non-smokers, by context this in advocated health to right policy bewhich will effective inJanuary 2012. Abstracts The thesis concludes with a discussion on the limitations of the sole reliance on legal on reliance sole the of limitations the on discussion a with concludes thesis The This thesis examines the role of basic rights in the Hungarian tobacco control The research attempts to identify the various claims of rights which are at The author argues that in spite of the importance of the of importance of the spite in that argues author The i CEU eTD Collection through allthrough upsandthe downs. me accompanied have who family and friends my all to you thank big Lastly,a thesis. Ihad learned a lot about the topic and the country as well along finishing of moment thethe last thesis. the from until one day help I obtained all for the I am grateful very and Martin Agota. Andi, Fruzsina, includeCsaba, thesis.They of the part central is local another the Hungarians Collishaw, Ms.Becky Freeman, Geoffrey Professor Fong and Opinion others. received from Dr.Péter are professionals Mr.Amos, Amanda Neil Dr.E. Úrban, Józan, Professor Robert the Among indispensable. are interviewee every from collected responses The feedbacks. Eszter Timar whonever refused readand to re-readmy manuscripts and gaveme valuable I would also like toKis helpedmeonclarifyingProfessor alot of philosophical the dedicateconcepts. course. entire the for inspirations new in brought constantly and my encouragement with gratitudeme offered Sándor Professor Kis. János andProfessor toSándor Judit Professor mymy supervisors, academic writingemerged as a personal response to passive smokingin the city of Budapest.instructor, Iwould first thank support Igainedfrom differentpeople throughout shortthe period of time. The projectfirst Dr. immense the without possible made be not would thesis this of completion The Acknowledgement ii CEU eTD Collection Chapter 1-Theory, Methodology and Data...... 6 Introduction...... 1 List of Abbreviations...... vi List of Figures, Tables or ...... v Illustration iii Table of Contents...... ii Acknowledgement...... i ...... Abstracts Contents of Table Chapter 2 – ...... 19 Analysis of Interviews Chapter 3 -Discussion...... 55 1.4 Limitations 1.4 Methods,1.3 andProcessing Collection ofSources 1.2 Summary 1.1 Theoretical Framework Research Question Attempts in Hungary control oftobacco Legislative Tools of Tobacco Control 2.2 State2.2 andthe Non-Smokers’ rights 2.1 State and Smokers’ rights 3.1 Limits of the Legal Approach...... 55 2.3 Smokers, Non-smokers and Who Else? .. aenls ...... 13 1.1.5 Paternalism ...... 1.1.4 Enforcement of12 Legislations ...... of rights 1.1.3 11 State and rights...... 1.1.2 Conflicts 9 of rights...... 1.1.1 Right 7 to Health...... 2.1.2 State and Smokers who refuse 34 to comply with the laws...... 2.1.1 State and Smokers who comply 32 with the law...... 2.2.1.3 Workers 2.2.1.3 Women 2.2.1.2 Children 2.2.1.1 2.2.1 Special Categories 43 ...... of Non-smokers 3.1.3 Focus on Primary 58 Prevention...... 3.1.2 Social Support 56 in Smoking ...... Ban 3.1.1 Sensitivity to Smokers’ 55 Socio-economic ...... Status ...... 15 ...... 17 ...... 46 ...... 49 ...... 43 ...... 6 ...... 7 ...... 19 ...... 2 ...... 37 iii ...... 3 ...... 51 ...... 16 CEU eTD Collection ilorpy...... 111 ...... Bibliography Glossary...... 110 Appendices...... 63 Chapter 4: Conclusion...... 61 AppendixWritten B: Comments Collected Appendix A:Interview Transcripts Interviews conducted 63 inBudapest, Hungary...... 3.1.4 Enforcement...... 59 ...... 63 iv ...... 104 CEU eTD Collection Table 2:Proportion of andSmokers in Quitters Visegradthe in Group 2008 Table 1:Smoking Prevalence of Hungarians (2000-2009) Figure 1: Total ConsumptionCigarette in (1960-2004) Hungary List of Figures, Tables or Illustration v CEU eTD Collection WHO -World Organization Health VOC – Volatile OrganicCompounds VAT -Value-addedtax UDHK - Universal Declaration of Human Rights SHS - Secondhand Smoke (National Healthcare Fund) Egészségbiztosítási Országos Pénztár OEP- NRT Therapy -Nicotine Replacement ICESCR - International Covenant on Economic, Social and Rights Cultural RightsPolitical and Civil on Covenant International - ICCPR HUF GP - General Practitioner FCTC - Framework Convention on Tobacco Control –Environmental ETS Tobacco Smoke of Abbreviations List - Hungarian Forint (currency) Forint - Hungarian vi CEU eTD Collection 1 as 2004 the Irish smokingban at workplaces progressively various introduced regulations tolower consumptionthe in their such countries, in(FCTC) 2003 (which entered into force in 2005) smoking as a global epidemic and introduced the Framework Convention on Tobacco Control wave of public attention on smoking. The World Health Organization (WHO) identifies 4 3 2011) 2005 year. consensus that smoking is hazardous to health and is causing estimated 4 million deaths every Withbackground aboutsmoking and public is health needed. publicationsinto study, the goingBefore packages. public placesandwarnings on health general some in medical research ban in as smoking control, such totobacco can related in legislation rights beincluded the in the of concept the how understand to Specifically,tries rights. of project notion the tothe relation past few decades, there is now a Introduction 2 p.702. a new law of smoking ban which will be effective on 1 About a month prior to the completion of the thesis, the Hungarian Parliament passed could only start at the post-implementation phase. Therefore this at ona focuses this thesis phase.Therefore couldtopic thepost-implementation rarely start only effectiveness its of evaluation the and uncertain highly is still ban the of result the thesis, the WHO Report Condemning U.S. Tobacco Companies, The American Journal of International Law of International Journal American The Tobacco U.S. Companies, Condemning WHOReport Smoking Banbegins in Italy, http://www.dw-world.de/dw/article/0,,1453590,00.html, (accessed 18 Alleyes Ireland’s on smoking ban, http://news.bbc.co.uk/2/hi/health/3565899.stm,(accessed 15 About WHO Framework Convention on Tobacco Control, http://www.who.int/fctc/about/en/ (accessed 9 (accessed http://www.who.int/fctc/about/en/ Control, on Tobacco Convention Framework WHO About 1 4 The proven linkageandin a illnesses between 1980shadgenerated smoking the passive . This thesis evaluates the legal policy in the Hungarian tobacco control programme in 3 1 and the Italian comprehensive smoking ban in ban smoking comprehensive Italian the and st January January 2012. finishingAt time of the 2 Since then, countries have been have countries then, Since th May 2011) , 94:4(2000,) th May 2011) th May CEU eTD Collection WHO,2009) 5 Despite variationsthe de-normalisation. from country to country, arelegally these instruments pictorialplain places, or packaging and tobacco taxations on campaigns warnings, inpublic ban smoking instruments: legislative of variety awide for derivatives the for posts promotion and sponsorship, andR-Raise ontobacco. taxes use, W-Warn tobacco advertising, E-Enforcebansontobacco dangers the of tobacco, about and people use tobacco from prevention smoke, P-Protect tobacco O-Offerpolicies, quit help to Control M-Monitor itincludes: Tobacco control, ’ of ‘MPOWER tobacco framework WHO proposed of Tools Legislative a reflection on human rights and law. rights human a reflection on to the legal policy and suggestions made to the current legislation. Finally, the thesis ends with Hungarian legislation, followed by Chapter 3, a discussionthe in on the limitsunfolded of the be rights-approachcan rights different how of assessment an is which thesis, the of content main interviews are presented and issues Methodological questions. research the and in Hungary smoking of in problem the of the second section (Chapter an overview provides part introductory the parts, main five of is composed The thesis 1). The third part (Chapter society. care ofin betaken havea pluralistic to 2) is the rights of forms other that shown be will it as debate balanced and dynamic more a stimulate dimensions of rights tobroaden scope the other of isdeliberation. The principal purpose to of non-smokers’ health.Whileit is recognised animportant agenda,as this adds thesis the protection by the is dominated control tobacco of discourse The control. of tobacco framework legal in the rights human of role the legislations, smoking of literature in the discussed WHO Report on the Global Tobacco Epidemic 2009: Implementing smoke-free environments 2 5 sign the become fiveThese goals , (Geneva, CEU eTD Collection 6 source Table 1:Smoking Prevalenceof from 2000-2009(Compiled by Hungarians multipleauthor EU-average-2009 EU-average-2006 2009 2007 2006 2005 2003 2000 1999 1994 1986 costs of approximately million379-397 inHUF 2004. demonstrates smokingthat is a major public health concern in Hungary and amounts tohealth statistics These EUaverage. the higher than hasbeenconsistently of The rate smoking of century.the Table more data recentsmoking amongon 1presents prevalence Hungarians. of in is general consumption an increase trend though fall there total at aslight turn cigarette the Hungary in control tobacco of Attempts Year to 1960s. era canbetraced the contemporary in attemptcontrol.the havebeenafew earliest there problem, The on trials tobacco arecompiled. brief descriptions glossary where the refer to gounable intoto details thespecificitiesreaders whoareinterested about andlogic, can but of cigarette. Since this thesis aims at exploring the claims of rights and tobacco control, itis lungwarning on photo warnings meanssmokersseethestandardised their about cancer packets defined andall territory-wide applied to instance,citizens. For legal the requirement of pictorial http://www.tobacco-facts.net/2011/05/smoking-ban-from-1-april-in-hungary,(last accessed 25 7 Attila Leitner,Smoking ban from1 April inHungary WHO Report on the Global Tobacco Epidemic, 2008 Epidemic, Tobacco Global the on Report WHO Figure 1shows the total consumptioncigarette in Hungary from 1951-1999. There is a 44.6% 42% 44% 43% 36.9% 38.2% 53.1% 43.7% 49% Male 29% 32% 30.5% 25% 30% 30% 28.1% 29% 30.4% 26.6% 22.4% Female 3 , , (Geneva, WHO, 2008),Special Eurobarometer 332: 6 Acknowledging the seriousness of the th May 2011) 7 CEU eTD Collection (Hungary,Czech and Poland, ItshowsRepublic Slovakia). Hungary that has thehighest 2 shows proportionthe and smokers and in quitters 2008in ineach country Visegradthe Group tobaccothe epidemic, suchas Poland Hungary and Slovakia, apoorperformer.remained Table www.nol.hu/archivum/archic-490844, (accessed 20 9 A dohányzók ésaleszokottak aránya(Proportion of Smokers andQuitters in the VisegradGroup), 28 accessed (last mestic-consumption, http://www.indexmundi.com/agriculture/?country=hu&commodity=manufactured-tobacco-cigarettes&graph=do 8 Tobacco effect 7 April on 2004. from author source) Hungarian Table 2:Proportion of Smokers and Quitters in the Visegrad Group in by 2008 (Reproduced 29 EU-average 2009 Slovakia Czech Republic Poland Hungary Figure 1: Total ConsumptionCigarette in (1960-2004) Hungary http://www.who.int/fctc/signatories_parties/en/ (accessed 10 10 Representative Study’,Orvosi Hetilap Hungary Tobacco,Cigarette Domestic Consumptionby Year(1960-2004), Parties to the WHO Framework Convention onTobacco Control, Convention WHO Framework the to Parties Hungary signed theWHO’s FCTC on 16 June2003and the treaty intoofficially went , (Brussels,, TNS Opinion& Social, 2010), Tomboret al,‘Epidemiology of smoking Hungary-ain National Smokers of Percentage 24 29 32 36 10 haveWhile neighbouringin countries reachedsome curbing success 9 , 151:9 (2010), pp.330-337. th May 2011) Quitters Percentage 23 25 22 18 22 th Feb 2011) 4 th Feb 2011) of 8 CEU eTD Collection in hotels and places where food and drinks are not served. In addition to this, special smoking to this, special anddrinksaddition served.In food arenot where andin hotels places 1 forgranted thepublic toadapt to ban,the soa fine of 30,000 HUF would only beimposed from banned inmost public places,including workplacesand A restaurants. period of isadjustment be1 effective on law finallypasseda 26 the on Parliament proposed a stricter government smoking in ban public area.After some setbacksanddelays, health public-places-and-workplaces-smoke-free-from-january-2012,(last accessed 25 http://www.euro.who.int/en/what-we-do/health-topics/disease-prevention/tobacco/news/news/2011/04/hungarys- 12 30 (accessed http://www.caboodle.hu/nc/news/news_archive/single_page/article/11/budapest_ban-1/?cHash=4999b94986, 11 February 2011. city of Budapest, publicstops have transport also been selected assmoke-free since points http://www.tobacco-facts.net/2011/05/smoking-ban-from-1-april-in-hungary,(last accessed 25 15 2010, alaw banning further in smoking andplaygrounds had underpasses been passed. in anumber of including places, public hospitals,governmentbuildings and afew In others. andinstance,on packets taxations.has beenlegally cigarette For banned since 2005,smoking A regulations. fewcontrol in measureshave of been as health tobacco such practice, warnings thelegislationsconcerning of control,tobacco andin fact Hungary didhave some forms of (18%).An inquiry of lowestquitters arises of percentage smokers and percentage (36%) www.parlament.hu/irom39/02627/02627-0187.pdf, (accessed 20 13 30 (accessed http://www.caboodle.hu/nc/news/news_archive/single_page/article/11/smoking_bann/?cHash=4999b94986, 14 st Smoking banned at BKV stops Budapest bans smoking in underpasses Attila Leitner,Smoking ban from1 April inHungary Article 20(1) of Hungarianthe Constitution, ‘(1) Mindenkinek joga vanatesti és lelki egészséghez.’ http://ic Hungary’s public places and workplace smoke free from January 2012 April 2011. andthe state has a role in ensuring a healthy environment. The Hungarian constitution guarantees the citizens’ entitlement to physical and mental th th May 2011) May 2011) 15 12 Nevertheless, areallowed,including some cigarlounges exceptions permitted st Jan 2012. 14 , This isde jurenew This comprehensive legislation is becausesmoking , th April 2011, which stipulates that a complete ban is to is ban complete a that stipulates which 2011, April 5 , th May 2011) , th 13 May 2011) Recently, the Hungarian the Recently, th May 2011) 11 In the In CEU eTD Collection Chapter 1-Theory, Methodology andData 1-Theory, Methodology Chapter legislations. control tobacco of the improvement further for be drawn might some implications potential conflicts, the examining by that hoped is It state. the from responses possible the and rights of terms in policy publicthe This discussions. approach can a pictureprovide abouthow publicthe perceivesthe from arise that rights of claims the explores and reviews It stakeholders. of opinion and control policy on tobacco control. It combines an analysis on rights on the legal dimension of tobacco 16 legal policy of control?’tobacco Question Research an-to-take-effect-in-2012, (accessed 28 http://www.monstersandcritics.com/news/health/news/article_1635298.php/Hungary-approves-tough-smoking-b ban?’ areas will inbe established places such as andprisons institutions. psychiatry thesis and we can now proceed proceed andwecannow to theresearchquestions. thesis smoke’ of the This point bein starting marksthe environment. to a smoke-free right and the description of the smoking ban, a number of issues of rights emerge, such as the ‘right to Hungary approves toughsmoking ban to take effect 2012 in and the last question is ‘ This thesis is comprised of three questions: three of is comprised thesis This To answer the above research questions, the thesis does a right assessment of Toassessment of doesaright legal the thesis the questions, answer above research the How doesthestate balancethevarious claims ofrights? th April2011) , ‘What is the public’s attitude to rights and the smoking 6 ‘What are the elements of rights in the , 16 From the brief the From ’ CEU eTD Collection 17 Framework Theoretical 1.1 28 of negative right and positive right. Negative right largely refers to the non-interference into an into non-interference the to refers largely right Negative right. and positive right negative of rights include the right to education, shelter and food. example,mostpeople agree human would For havenow beenconsolidated. understandings common in decades, some tool past as the an analytical rights human of development excludedin understandingthe of human Though rights. remaining with contentious, beincludedis or to form of right aparticular on whether disagree Scholars applications. practical its and itself term the to interpretations different the from arise often rights conscience and should act towards one another in a spirit of brotherhood. human beings are born free and equal in dignity and rights. They are endowed with reason and the Article In mean? 1 rights ofhuman do what However, The covenants. Universalinternational and constitutions national Declaration of Human Rights (UDHR), Right toHealth1.1.1 it is stated that ‘ number of key concepts. a of overview an have to is useful it control, tobacco with relations their and rights different explore to tries research Since this trade. tobacco economy of political the or advocacies health fallcontrol intoone of followingthe categories, exclusively epidemiological study, public contemporary of andstudy: publichealth,legal studies. Mostontobacco rights researches The Universal Declarationof HumanRights th May 2011) Rights have become a buzzword in today’s world and have been enshrined in enshrined been have and world today’s in buzzword a become have Rights The current research adopts a trans-disciplinary a fieldsThe currentand research three approach combines adopts trans-disciplinary One theme in contemporary political and legal philosophy about rightis the notions , http://www.un.org/en/documents/udhr/index.shtml,(last accessed 7 ’ 17 about Debates All CEU eTD Collection Medicine and Philosophy and Medicine 19 Press, 1986), p.7. 18 20 health. to right the means that Y, to aright have should we that affirms it then X, to have access to is acondition state) healthy health If status. individualan has accesscertain to goods (let’s call itX), andif Y (being in a be in a certain hasto one rights, these have to in order and education, to right asthe such rights, certain to entitled are individuals that We agree rights? as treated health Yetis why state will be further explained in section 1.1.3. modern functions of state’. the important and promotion of the health(regardless of ground thiswhat rightto based on). Rosen famouslyeven argues ‘the protection and welfare of its citizensaim is to increase is considered the the endorsed, actions possibilities of forms different the of spite In conveniently. more schools to attend can beof E oneto obtainof the education, more which should toE, so free state perhaps the implications, or improving E that grant education transport is a right he is entitled to him multiple realise generate hisgoal education. Claims rights policy receiving to of of enable an soasto action take has to state) the isoften someone (which hemeans that education, to right positive a has he that argues E person when instance, For citizens. the of conditions it demands someone,playing tennis inhis garden. Inthis respect, health be as can a positive understood rightbecause in practiceperson A has a right toplay tennis in his gardenis anegative right, no one should stopA from the benefits of entitlement state, with linked is right Positive to be responsible forbear do doing’. or ‘at liberty to is about do P So negativeto right agent X(anaction). (if not fully) for the health Joel, Feinberg, The Moral Limits of the Criminal Law, Vol. One: Harm to Others to Harm One: Vol. Law, Criminal the of Limits Moral The Feinberg, Joel, G. Rosen, A History of Public Health T.L., Beauchamp, and R.R., Faden, ‘The Right to Health and the Right to HealthCare’, The Journal of , 4:2(1979), pp.118-131. , (Baltimore, Johns Hopkins University Press, 1998) 20 The relationship between rights and duties of the 8 19 . One way of illustration is saying that , (New York, Oxford University Oxford York, , (New 18 CEU eTD Collection 21 1.1.2 Conflicts ofrights healthy environment. the use of volatile organicmight be coined as the ‘social determinants of compoundshealth’. For example, government might restrict (VOC) in which such social macrowall consideration into factors, factors as education and environmental paint to ensure citizensjustice. While the right to health also concerns this question,canit widens the discussion by livetaking in a like social criteria to adhering acommunity be sharedwithin can services health how care atlook carewould on health right For instance,the a to research typical resources. healthcare of distribution and the of resources availability the emphasises latter The health care. to right health to right The different. areconceptually care and,which health to right the and health to right the between distinction the emphasise to Iwant remained an lacksarea that and attention violations arefrequently witnessed. standard of health’ attainable highest the of ‘enjoyment isthe health to right the of definition cited One commonly requires progressive realisation, which is stated in the Article 2.1 of ICESCR as: While health is referred to as a human right, it is often understood as a goal that 2011) 22 15 (accessed International Covenant on Economic, Social and Cultural Rights, http://www2.ohchr.org/english/law/cescr.htm The Right to Health, http://www.who.int/mediacentre/factsheets/fs323/en/index.html Possible conflicts of rights may arise with smoking when different actors are taken into including particularly the adoptionof legislative means, measures.’appropriate by all Covenant present in the recognized rights ofthe full realization the progressively achieving to view a with resources, available its of maximum the to technical, and economic especially co-operation, and assistance international through and individually steps, take to undertakes Covenant present the to Party State ‘Each th May 2011) 22 . Contrasting to the right to shelter and the right to life, the right to health to right the life, to right the and shelter to right the to Contrasting . 9 21 is a broader concept than the than concept broader is a , (accessed 20 (accessed , th April , CEU eTD Collection Smokers’, GeorgetownLaw Journal 24 23 the state to step in for protection of their health. medical ample on evidence harmsthe of passive smoking non-smokers and request therefore, is there hand, other the On interferences. from freed be should they and autonomy individual Smokers maysmoke-free environment. claim decision the that to smoke is an exemplary of a to right non-smokers’ the smoke’ and to ‘right smokers’ the between tension is a there debate, tobacco the In of rights. claimants between interests of conflicts the to refers conflict Inter-right in conflict.form conflictsappear These can intra-right conflictthe account. of inter-right or andstresses individuals’ liberty. thereis Next, theright toinformation.emphasises how It matters’. intimate right tomake decisions autonomous freefrom unwanted interference personal about and ‘the as interpreted be might smoke’ to ‘right The mentioned. briefly been had which smoke’ isdebate. Thefirst to ‘right one in the more tobacco could emerge the rights three explicated, I will the introduce types of whichrights would appearin discussions. later the first but of thesis the part in next the in detail willbeexplored rights of various interactions The how different of conducted, types areconsideredvis-à-vis various another.rights one of actors is assessment comprehensive a when unfolded also are rights of conflicts the control, tobacco In individuals. different from right same the to claims competitive the to refer conflicts intra-right They are in general referred to as ‘passive smokers’ as opposed to active smoking. In contrast, non-smokers andin discussionsthe of thesis,this they include children, women and workers. Michele L. Tyler, ‘Blowing Smoke: Do Smokers Have a Right? Limiting the Privacy Rights of Cigarette Such as the Non-Smokers’ Rights Association, http://www.nsra-adnf.ca/cms/, (accessed 15 (accessed http://www.nsra-adnf.ca/cms/, Association, Rights Non-Smokers’ the as Such Other than the right to health and the right to health care which have already been already have which care health to right the and health to right the than Other 24 smoke’According thisunderstanding, ‘right the to to liberalis doctrine a , 86(1998),p.788. 10 23 There can be further subdivisions among subdivisions further be can There th May 2011) CEU eTD Collection 25 others from enjoying the clean air. On the other side of the coin, if a smoker contaminates the air the contaminates smoker if a coin, the of side other the On air. clean the enjoying from others shares a distinctive air Clean compliance. full) not still (but featuremaximum foster to way only is the regulation state with public good. Once cleanlike and Tobacco pollution, from state. the interference sharesasimilar character smoke the air is offered, no one can exclude inquiries. these to response abrief is only illustration following the thesis, this of scope the within not are legitimacy and obligations political Since rights? our realise to responsibility a bear to state a for justification what isthe health, to right the ifwepossess andeven ourselves might raise the question why is it the state to protect our rights? Can’t wedefend ourrights by 1.1.3 State and rights thejudgement involveto bemade. overlapping areaswhich complicates claims of rights which will be discussed at claim enjoy length to livestheir by themselves. The isabove a condensed of outline differentthe in the thesis. In most cases, these andconflicts Brandeis’s for ‘right the bealone’ claim let to services? citizensthe tofind out information tosmoking,related like descriptions product andcessation difficult easy how it itor is for information, alsothe totheaccessibility data, of refers certain of from possession apart is information that to of A right the characteristic resources. peculiar individuals should be abletogain access toinformation about products tobacco and healthcare S. Warren and L.D. Brandeis, ‘The Right To Privacy’, Harvard Law Review So far we have been discussing the notion of rights and the potential conflicts, but one but conflicts, potential the and rights of notion the discussing been have we far So One argument is that the right to a smoke-free environment cannot be realised without realised be cannot environment smoke-free a to right the is that argument One Last but not least is privacy right . One succinct definitions of privacy right is Warren 11 25 . It asserts the individual has a legitimate a has individual the asserts . It , 4:193(1890) CEU eTD Collection University 1990) Press, University 26 lawon Hungarian proposed recently inthe instance, For isimportant. legislation the from born scenarios possible the for lawmakers, considering Therefore, for enforcement. mechanisms individuals’ Asrights. argued by Sunstein 1.1.4 Enforcement ofLegislations ofrights having a claim of rights does not necessarily transform it intoa duty of the state. rememberIt isthat here. sufficed to repeated will be it not in section 1.1.1, been has offered asrights health for justification As the donot. andthose state from the duty a require that rights a duty to realise this right. These examples show that there is no single criterion for separating has make state yet aclaim we wouldthe not livenext wehave sea that that tothe to aright agree also might one hand, other the On obligation. state’s with identified is it internationally health, connection between observable is an There intervention. state active an request would rightsentitlement about concern and state obligations.actively fulfil each of them nor itis necessary Forfor the state to act so. Therefore, example,only rights that when webasket discuss of different the right rights butto one would rarely argue the state has a all-encompassing rule.duty or an obligation to legitimacy, state the then is theonly institution overarching is that capable ofimposing an ifneeded itis be protected. Enforcementto is problemanother butassuming rules the state with with smoke,tobacco he is ruiningAir acollectiveis good. borderless andthus regulations are Cass, R., Sunstein, After the Rights Revolution: Reconceiving the Regulatory State A problem remains that is unsolved the issue of state obligations. We areentitleda to Regulatory statues butit are important statues initselfRegulatory far ableare from being of protecting 12 26 , what matters for regulatory statues are the , (Cambridge, Harvard CEU eTD Collection 28 allowed. not in smoking where 30 (accessed http://www.caboodle.hu/nc/news/news_archive/single_page/article/11/where_to_esc/?cHash=4999b94986, 27 harm’. from protected or off bebetter will with interfered person the that ‘claim the major objection to the regulation of tobacco control is ‘paternalism’.A It refers contention. to the objectionwithout not is to itself law the of nature the intention, good with endowed though and law health public of category the to belong control tobacco of Legislations 1.1.5 Paternalism of isresources an indispensablein element planningthe of control.tobacco scopeof the devise thiscontrol financing researchto plansfor butallocation policies, tobacco Thesemonitoring, could policing, training of expertise,judiciary many Itisand others. out of for monitoring.required A is remark that enforcementshort of incursany legislation costs. in that are. This order implies ismet, are resources to ensureacertain degree of compliance law the of limits the what and laws the of scope the about instructions clear given and informed be to has public Thecompliance. of degree the on lies laws Effectiveness of technicality. of level minimum ata be kept to legislation is ought idea the general that the but understanding iswhat reasonable account ‘reasonableunderstanding’ the to takeinto can be It of particular provision. the debated is level the generality,another interpretation crucial of the of has aspect court Furthermore, the interpretation of lawthe would determine how statueisthe tobe executed andunderstood. how todefine asmoker the violates stipulated distance? From perspective,this the http://plato.stanford.edu/entries/paternalism/ public five requirement the smoking, metres G., Dworkin, ‘Paternalism’, Stanford Encyclopaedia of Philosophy Hungary smoke-free escape to Where th May 2011) The five metre rule is that smokers have to stay away for at least 5 metres from places from 5 metres at least for away stay to have smokers isthat rule metre five The 2011) May , , (accessed 24 , (accessed 13 27 becomes a problematic clause for interpretation, for clause a becomes problematic th 2011)April , 28 Putting it CEU eTD Collection 31 29 53:4(1986), p.1130. 30 Press, 1986), p.13. aform paternalism’ control as of can be ‘legal classified tobacco haveand therefore, tobe told tostop thisbehaviour. self-destructive To be more precise, in plain language, opponents dissent propositionthe on smokers that areharming themselves for criminal prohibitions’ from junkfrom sofood as protect to drugs, alcohol, the to population.well-being of greater the The hold get materials of pornographic andthe private use of itemsthese islegally protected. adding afewmorelimitations, such as By packaging. fulfilling certain an isrules, adult able to why regulatesome governments decided by its to saleand todesignated stores restricting various people reasons, mayfinditfind to embarrassing suchmaterials in andthatis public, other hand,the materials in and sales display isof anissuebecausepornographic public of individual watching pornography in a roomprivate is a private business, just assmoking. On individuals,immature such children as and butit teenagers, is nowwidely thatan accepted analogous to controltobacco in several Pornography aspects. mightbe considered corrupting offinancialpreference health overand considerations preferenceof the smoking. becomemight impetuses quitto smoking and thelaw thus motivates smokers to prioritise the spots mightbe fined,additional considering that arenowconstraints imposed on smokers, they intervention. of means by preference borrowing from Sunstein’s explanation, the state is trying to ‘transform’ the smoker’s Cass, R., Sunstein, ‘Legal Interference with Private Preferences’, The University of Chicago Law Law Review Chicago of University The Preferences’, Private with Interference ‘Legal Sunstein, R., Cass, Law,Vol. Criminal of Others the Limits Harm to Moral One: The Joel Feinberg, Ibid. It is at times argued that a government has to ban use of undesirable substance, ranging It may be worth conductingpornography, athought-experimentabout is which 30 which is based upon the aim of the betterment of a smoker. Or 31 example,publicindividuals For transport smoking at 14 29 as lawsthe ‘provide support , (New , (New York,University Oxford , CEU eTD Collection Review Policy Recommendations Point to Extensive Evidence 32 claims Concerning of measures, control tobacco rights. though isthere astrong public health balance the different andlawmakerscould particularthe about provisions express opinion Summary 1.2 carefully.legislations draft soasbeing able to rights against the degree of paternalism. The state has to take intoconsideration the various claims to a way protecting non-smokers’question would be how different rights are to be reconciled. Legislations havetobe designedin right to health, is and be hascontrol inevitable if to carried So the out, of regulations. alternative tobacco but also have to weigh theThus the specificstate does not have a legitimate measure claim of banning tobaccoformulations of arguments, one wouldalways end up with impassesthe ‘hardof paternalism’. and rather has to adopt an tobacco consumptioncase, in present the free acompletely environment tobacco create in the society. Pope demonstrates forcefully that in spite of the (last accessed 31 accessed (last 33 makethey need health’. abouttheir to informed decisions legislationshelping aimat ‘individuals knowledge,motivation,gain the that opportunities and becauseit paternalistic nature is In a ideally of‘liberty-limiting’, publichealth,principle designthe of prohibition scrutiny.require stricter famous historical example of inalcohol prohibition Unitedthe States shows that logicthe and 34 (29 May 2007), Healthy People 2010 Only 100% Smoke-Free Environments Adequately Protect From Dangers of Second-Hand Smoke: New WHO Smoke: ofSecond-Hand Dangers From Protect Adequately Environments Smoke-Free 100% Only Thaddeus MasonPope, ‘Balancing Public Health Against Individual Liberty’,University of PittsburghLaw , 61(2000),, pp.419-488. Nevertheless, lawmakers are confronted with the dilemma that tobacco control with is dilemmacontrol lawmakersthe areconfronted that byits tobacco Nevertheless, Good legislations require sufficient deliberation in which different members can members different which in deliberation sufficient require legislations Good http://www.who.int/mediacentre/news/releases/2007/pr26/en/index.html st May 2011) , http://www.healthypeople.gov/2010/ 15 , News Release WHO/26, Release News , , (accessed 30 , (accessed 32 Yet to achieve this ideal, that is to th April2011) 33 zero havingmean who , 34 CEU eTD Collection 1.3 Methods, Collection of Sources and Processing and Sources of Collection Methods, 1.3 while enhancing collective benefits. while enhancingcollective appeal,itis still understandcrucial to thehow subtleties about individuals’ are preserved rights the mass and the catering business. The selection is intended to reflect awide range of opinion professionals, health categories: three into beput can interviewed stakeholders The Budapest,Hungary. In addition to that, three written comments were received. collected from a variety right. of concepts the with relations has which ban smoking of stakeholders. to understand howthe publicconducted about their express theparticular of opinion policies A total as health data guides for structuring questions the in interviews.the Finally,interviews were of seven interviewsisolated. Therefore, the thesis uses aphilosophical framework of rightas abasis, andthepublic werejob butrespectable communicate not threedisciplines with the do each otherand publicis the conducteda isdoing them of Each politics. and terminologies about in Parliament debating are lawyers in the popularity of the law andloophole of approachthe is alack of philosopherspublic Public engagement. health officialspolls conduct on argue intensivelyof the provisions. Programmes in tobacco control draw the three elementson together but a themajor violations of rights,hypothetical scenarios while scholars oflegal studies emphasises on designthe and practicality and healthin in effectiveness about debate rights format philosophers of or an programmes, abstract have sufficient understanding of social the reality.Researchers in focuses health public on the highly technical subjects and professionals workwithin specificthe field sometimes donot Sources for the study are composed of direct interviews and written comments interviews and written of fordirect the study are composed Sources The issuesthree discussedin this thesis(public health, rightandlegal are studies) 16 CEU eTD Collection achieved. anticipated with that publicthe views,a better understanding micro-level atthe can be differentcorners of society,the public, the business catering medical andthe community. Itis offer a conclusive accountof public opinion. However, study this tries togather responses from April 2011) 35 series Eurobarometer asthe such studies, survey scale informationscattered to thepublic opinion on the controltobacco policy. Compared tolarge Limitations 1.4 to right. asa explicitly,actions right call for for canbeunderstood entitlement government requests their of language the employ not might interviewees Though bans. smoking of debate in the rights of roles the reveal to evidence as used is interviews the of Information ban? smoking the in right of rights? If yes, how should the state deal with it? How does one’s role change the interpretation identify of Do they any analysed.control conflicts to in are tobacco of right relation concepts aboutClues ban.smoking the on opiniontheir about askedInterviewees were differently. rights of concept andmight the interpret interests vested specific in industry represent people catering the ban. Lastly, the understand ordinary citizens how into aglimpse offers public The general opinion field, in the makers policy the of epistemiccommunities. represent andthe they often and areexperts well-educated arecomparatively rights. Public health relation professionals to and todiscover individuals how from different social understandstrata controltobacco in Special Eurobarometeron Tobacco, http://ec.europa.eu/health/tobacco/docs/ebs332_en.pdf It is noted that materials collected from the interviews are only able to convey to areonly able from interviews materials It isthe collected that noted 17 35 , the present approach to is incapable approach present , the , (accessed 15 , (accessed th CEU eTD Collection the supply side), some in depth analysis can be made. on firms totobacco opposed (as consumption cigarette the of side demand the on concentrating by it that isindustry, hoped tobacco the from voice the of absence with the Though analysis. inthe views enda and of researchprojectthe had decision been madetherefore, exclude to industry’s the the until given been had response no but interviews for country in the companies tobacco the strategiesaredirectly business Theresearchermade hadaffected. an effort sendinvitations to to major group the of sinceinpolicies control their stakeholders andfuture revenue tobacco industry hastobacco not been in research. Tobacco currentthe captured companies areamong Hungarianthe non-responses,constraintsof opinionandtimeFinally,the to due 18 CEU eTD Collection and public domain is the ‘location’ itself. For example, home is usually considered as the divides private the that its sphere Onecriterion citizens. of private from the entering restrained is state becausethe is right, negative a right privacy perspective, From this interferences. state from activities their in pursuing individuals protecting at aims in general right privacy reproduction andexpression. right to Though varies with jurisprudences andlocal contexts, non-interference from the state into one’s private sphere. It may include the right on The rightto privacy is atthe forefront of the debate. It is understood as the Right toPrivacy policies. of adjustments the on individual isautonomy needed and reviewing the rights of smokers would give some insights regulate a lot of aspects in people’s lives. Therefore, a balance between state intervention and a but istotal ban neither socially nor desirable unacceptable because itwould state require the to Tobacco control aims at reducing the number of smokers and the total smoking consumption, rights Smokers’ and State 2.1 Chapter 2 non-smokers, namely children, workers and women. andstate non-smokers’ rights, the third party’s rights and adiscussion a on special of category rights, smokers’ and state the are They thesis. in the examined be will themes four constraints, time and space to Due citizens. of right on the impact hasan of them and each used, are control ‘comprehensive’ scheme. A schemereferscomprehensive toarange of policies oftobacco Effective tobacco control requires a range of policies which are co-ordinated as a To start with, the dynamics between the state and the smokers’ rights are examined. – Analysis of Interviews 19 CEU eTD Collection to the current Hungarian legislation to in smoking legislation currentHungarian the appears in proposed the and ban at restaurants of relevance The harmed. not are others as long as upheld be should rights privacy smokers’ that someone’s directly. privacy behaviour. If the state intervenes in the name of protecting the smoker’s health,it is a violating health exclusively, the state does not have a justification to interfere with the smoker’s others. This means a person smoking at home, and as a result, harming himself and his own to harm prevent is to live one’s into interventions any of justification only state’s the Mill, For 36 principle states that states principle smokers’ privacy right, John Stuart Mill’s ‘harm principle’ might be useful. Mill’s harm for the respect andthe state’sof power stretch the of To understanding the deepen control, in tobacco discourse normalisation the with hisdisagreement expresses interviewee the case of smoking, smokers’ privacy right has to be respected as well. For example, one sphere, such as in the case of a criminal investigation where the police enter with a warrant. In private in the authority its toexercise justification have the not does state and the sphere private J.S., Mill, On Liberty Movingforward todiscussion smokingto in places,public Mill’s argumentsupports his own body and mind, the individual is sovereign.’ over himself, Over absolute. of right, is, independence his himself, concerns merely which of anyone, forwhich he is amenable to society, is that which concerns others. In the part in the opinion of others, to do so would be wise, oreven because, right... happier, him make The will only it because doso, partto him for of bebetter the conduct will it because forbear physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or civilized community, against his will, is to prevent harm to others. His owngood, either ‘That the only purpose for which power can be rightfully exercised over any member of a it’s but, lame it’s admit I so with it sodon’tintervene sphere, that, about care should body no so and, ways, many in speak like this, I think it is ineffective because people have this illusiondoctors that even they are I differentmean yourself, normalise this, like speaking there they’re this, projecting no no no, it’s still not about the public interests, it’s like normalising you. As long as they’re (Csaba, smoker, 23) , (London, Penguin Books, 1985) . I know what’s good for me, you know… you me, for good what’s know . I 20 36 my private CEU eTD Collection right to health of the general public, respect for the smokers’ privacy right should also be whilerights not harming non-smokers. the Thoughis there theoverarching concern about the demand designated smoking places to be established as a solution to reconcile their privacy can smokers Therefore, places. in public exists right privacy that factis the places inpublic ban concluding answer to these dilemmas, but what is relevant to the consideration of the smoking is no There obscene? are dialogues the loud or is too volume the complain passengers if some intrusion to someone’s privacy. Nonetheless, tomake the example analogous to smoking, what is asan place regarded in basistakes Eavesdropping merely the theconversation on that public. ourconversations eavesdrop legitimate claim cannotto make a state the so that conversation, that the person on the phone still possesses a right toprivacy in terms of the content of the common on public transport, though one is physically beingin a public environment, weagree beingin places.public A examplegood is usethe of mobile phones. Mobile phoneuse is location. One would agree that we could still be entitled to some forms of privacy right despite means conclusive. Privacy is right notand shouldnot be constrained solelyby geographical what the limits are of one’s privacy right. The threshold of locality (discussed earlier) is by no by the protection of the right tohealth of the others in public. However, it might be debated group the of ‘beingthe harmed’. first In the case, privacythe of right smokersthe is overridden both scenarios, the right tohealth is referring to the health of the non-smokers and are seen as privacy rightvs right tohealth. And the second one is the is one Thefirst disputes. inter-rights two there are that smoker. note the to It isimportant effect health individuals smoke hasaharmful around (ETS) on tobacco environmental or (SHS) spots.public transport The fundamental logic prohibition of isthe thatsecondhand smoke 21 ‘right tosmoke’ vs right tohealth. In CEU eTD Collection information such as the level of tar, which is the most harmful ingredientin cigarettes. One merely be general the about informed hazardshealth of smoking,also detailed but about informationtobacco products. and aspossible This means smokersabout asaccurate not should the right to information of smokers. Itrefers to the state’s responsibility of providing as much Right toInformation to restrain itself from infringing upon smokers’ privacy rights. trying also is it non-smokers, the of health to right the is protecting state the While ban. smoking some space that is exclusively for smokers so they can smoke while notharming the others. be hasto thatthere problem the She expresses smoking. spaceof of private owner restaurant within them about the right they are referring to. The following is the opinion given by a make a general claim for the right to smoke (valued as autonomy), there are deeper differences they treat any smoking bans as a violation of theirrights. Therefore, although smokers can as they can smoke freely in designated places. Yet, for those who claim for the ‘right to smoke’, For smokers who defend their privacy right, they might accept bans on public smoking as long smokers’ privacy right and the ‘right tosmoke’ is the acceptance to the degree of prohibition. restrictionsliberty. on health,their against areprotesting smokers Whatdistinguishes the in legislation. the accommodated What has been highlighted here is the dilemma faced by the drafters of the law of Shifting the attention to the second issue about the ‘right to smoke’ and the right to right the smoke’ and to ‘right the about issue second the to attention the Shifting strict…(Agota, restaurant owner, age 30+) means you couldn’t go anywhereyour of or maybefront that other, in each the other to close just side are ofoutside restaurants the where street,smoke streets those so about I think them think to because it’s let places to toogot you then outside, smoke people the let you if Or want. they whatever do could people and area closed maybe places, small some to have got I think that it’s ok not to smoke in any inside places, either it’s abar or a restaurant..but you A second form of right which is often neglected in the discussion of tobacco control is 22 CEU eTD Collection 37 could further challenge iffurthercould challenge is for required packaging cigarettes, plain then should weintroduce influence so that the consumers will make a decision purely based on the product itself. One logos. The aim such of as images marketing models and is removeattractive misleading the to needed. Plainmeans packaging thatany items wouldpromotional be removed from pack, the to smokers. For readers who are not familiar with the two measures, a brief explanation is plain packaging andpictorial warning.tools Both serve the of purpose givingmoreinformation listwhatare included in manufacturing. the provisionthe information of on product,the analogous to food producers whoare required to about merely is it health, about argument an is not it discussion, of level at this is that interesting knowingin more details, amore informed and decision autonomous could bemade. What is by that hoping is information more smokers offering of importance The have. they information keep this piece of information from their clients. Therefore, smokers are misguided by the production of tobacco items 400cancerous including areover700chemicalsmaterials. around toxic there in used the smoke Contemporary chemicals thatcontains shows 4000different evidence cigarettes. as a consumer of cigarettes, an individual can be interested in knowing the compositions of the caused by issue healthimpactproducts, negative the the about protection. Puttingtobacco aside better ‘informed’ decision. Itis easier to understand when one thinks in terms of consumer make a can they sothat public tothe information essential toprovide has anobligation state the is because This a smoker. of right to the isrelevant information to right whythe question might Informationprovided by Dr.the Adam andDr. David Tarnoki At the next level of discussion, the element of health is added through debates about debates through added is health of element the discussion, of level next the At 37 , and tobacco companies often (though the intention is not clear) is not intention the (though often companies tobacco and , 23 CEU eTD Collection I’m going to quit,or Imight not,there’s aknife edge,people the in middle. And especially withsmoking,because 38 impetusthe for quittingis goingbe to much stronger. information smokingabout hazards, and this information is provided on a regularbasis, then of pendulum.the means Thatif that these groups of smokers aresupplied more with largeconstantly a group of havesmokers who smoking considered andarelocated inmiddle the are is there studies that by lot of psychological a supported warnings? Theanswer of these functions the are what so smoke, to continue and health their for bad is smoking know smokers is on package healththe warnings that or effect the inquiry of warning about pictorial common A this. on light some shed to able might experience Canadian the but in Hungary, available yet via using images.health Even though such studies (abouteffect of pictorial arenotwarnings) and Vaci Professor observes from support civil todisseminategroups more health information introducing is pictorial worth warning trying. case of Hungary, opinion is the that itis more difficultask young to people quit to smoking and iswarning anadditional andreminder can be apowerful to helptool people quitsmoking. In the passive smoking, butmost goods only harm user,the such as junk andfood drugs. Pictorial have a double harm effect: they harm the health of smokers as well as the potential victims of plain with onall packaging healthharmful products effect? Yetas argued, products tobacco Interview with a Professor of Psychology, ‘ …so there’re a lot of people who’re on the edge, you know of all, so all, of know you edge, the on who’re of people lot a there’re …so ‘ of Psychology, Professor a with Interview So Dr. Úrban’s comment reflects the need to provide better health education to smokers to education health better provide needto the reflects Dr. So Úrban’s comment Hungary for their introduction, so as to achieve similar results here. (Professor Sandy Sandy Vaci) (Professor here. results similar achieve to so as introduction, their for Hungary suggests deterring images work. Because of differentthis civil groups actively lobby in There is Hungarianno experience yet(onpictorial warning), but international experience (Dr. Úrbanfrom Budapest Smoking Cessation Centre) (our) group, we don’t see the people. bodies, the damage. So we hardly see. I mean there might be some young people, butU: in theYes, itis very difficult, they don’t perceive the danger, probably they don’t feelencourage younger (it) people, intheirin 20s, the 30sto quit smoking? K: So you mentioned a lot of the participants are in their older ages, so is it more difficult to 24 38 In In words, other rightthe information to CEU eTD Collection Robinson, C. Mahon and S. Jerbi, Realizing the Right to Health Canada) from of Psychology Professor 39 Fong, (Geoffrey difference’ a make really could warnings alreadyare in higheducation, and have knowledge aboutyou smoking, afair have number of people whom these they’llbe onone side orthe other…So you’re already smoking,in helpingpeople incountries where those people people know it’s dangerous in many countries that they’re on that knife edge. That you know a little push and do quitsmoking. they effective remedies, informed about are ifsmokers because control of tobacco is avital part par with different mechanisms interventions.of on work to has policy legal the means It pack. the on quitlines on information even or months’, in6 last smoking the like quit successfully messages ‘60%of are notalone,smokers e.g. thenegativeabout side of behaviour,the a butreceive further feedback that psychological they smokers. given is Theadvantageto of only that this smokers approach arenot the informed helpis available tosmokers, such as sources of smoking cessation services and social support includes thenegative sideof smoking, draftersof laws can also consider whatkind of additional only not information to right The months’. in 6 die patients cancer lung of ‘5% and year’ has to offerinformation very smokers, cause specific such5,000deaths to as ‘Cigarettes every smokers. on influence haveA notcontrol campaign areal tobacco anddo smokers committed ‘Smokingis hazardousto health’, these types of warnings only offer vague information to common to find health warnings on packages, such as ‘Smoking may cause cancer’ and is has itshould impact be health Though alsothe to beenumerated, vividly expressed. cigarettes the of content the that requirement the than Other messages. specific for calls information characteristics that need additional attention when drafting the legal policy. First, the right to Barbara Wilson, ‘SocialDeterminants of Healthfrom aRights-Based Approach’, in A. Clapham, andM. The second about pointto note rightthe to information concerningban in smoking Furthermore, therightinformation to in smoking banhas twoadditional 39 25 , (Zurich, Ruffer& Rub, 2009), p.71 CEU eTD Collection change one’s behaviour. Ingredients are a main component of product information; therefore, Like itcigarettes. could addicted, anyform someoneaddiction, of once gets be very to difficult of nature has because of in addictive a ban toinformation right the role insmoking particular There are two more points before ending the right toinformation of smokers. The isimportant legislations respective because ofits consequence on prosecutions.the lacka of knowledge about thelaws. In words,ensuringother public the is clear about the category affirmativeof wouldbe defence.not It justified smokers toprosecute whilehave they is one law,knowledge of criminal system the under because is crucial visible information instructions tosmokers signsthrough in places public and Making announcements. this both from the catering business in Budapest. places wouldbe losing business tosmoking places, this is toldbluntly by Agota and Martin, there is no universal and complete ban, the catering businesses would fear that non-smoking confused. catering the also wouldgettosmoke? Whether businesses diners they should allow If suchasplacesexceptions, offeringsmoke, alcohol are allowed then to only not but smokers, the legislation that they are notallowed to smoke in certain public places. If there are too many confusions. This is smokershave be because to remindedespeciallyin of initial the stages the and confusions. Introducing acomprehensive banis one possible eliminate option to the conflicts minimise is to This smoke. to allowed are they where about clearly be notified to have public places, and this ishighly relevant forthcoming tothe Hungarian ban.smoking Smokers So if we’re banning cigarettes, I would say to ban it everywhere, not to establish smoking and smoking non-smoking places. (Martin, smoker establish and to restaurant owner, not age 50+) everywhere, it ban to say would I cigarettes, banning we’re if So 30+) age owner, restaurant (Agota, smoke. to allowed they’re where places other to going my guests see wanna don’t I because everybody for equal to has …it By adhering to the principle of right toinformation, the state can provide clear 26 CEU eTD Collection burden on the health care system. Smoking results in chronic diseases which might not emerge its of ishealthcontrol because andservices.The rightcare to anissuein resources tobacco medical of distribution the on emphasis more having latter the with concepts distinguishable health care. As explained earlier in the thesis, the right to health and the right to health care are Right to Health Care of smokers. producers on whatinformation is included excluded or soas to realise right the information to required information. In other words, the state is competing or in negotiation with tobacco to include the producers bind means few tobacco to the is only) not of the one (if legislation If itis agreed that the right to information of smokers is a right that should be achieved, then this: bargain with the state on how stringent the ban should be, Professor Vaci gave his opinion on Moreover, true. businessesandwouldnecessarily about to companies care struggle tobacco hazards of smoking and yet decided to smoke. From the analyses above, we know this is not health aware of the are already who smokers they are serving argues that industry often tobacco The second pointis connected to the discipline of the tobacco industry. The provided. choice madeby muchsmokers when has information so while been omitted it have should been making an ‘informed’ decision. Therefore, there is room to argue whether itis a truly free without sufficientinformation provided onthe productspecifications, the customeris not without feeling the deterrence of higher prices. ofhigher deterrence the feeling without addiction, their with oncarry can people addicted that so cut, a price with increase tax any offsetting in forceful very been also has industry tobacco The bars. and restaurants free I suspect they sponsor the hospitality industry’s push back against introductionthe of smoke Lastly, a final right that relevant in the relationship of state and smokers is the right to right the is smokers and state of relationship the in relevant that right final a Lastly, 27 CEU eTD Collection one’s lifeis (it unlikely two person the would besignificantly indifferent their health given a practical of view,point is itindifferentwhether onehad smoked 2cigarettes 10cigarettes in or lives? in their earlier made had they decisions while theywere in underteenage peerpressure, should they be penalised because someof bad smokers werenot making aninformedfor decision, instance, alot of smokers tookupsmoking many fact that the less.However, recalling for lifeshould ahealthy pay who opts person be sensible, apersonwhoinvolves himself in arisky activity should bepayingmore while a a comparedsmoker tobecause heis inless-risky. classified the first Atthe glance, thisappear to paid,a non-smoker thingsother given beingconstant, wouldbepayinga smaller premium illnesses,serious theinsurance company would amount the accordingly adjust of premium be to behind thisis thatsmokingis a hazardous behaviour and has a high possibility of causing model Swissin which customers arecharged according to their smokingThe logic status. Hungarian Alliance for Tobacco Control, suggeststhat Hungary could consider adopting the internal of Mucsi,and electedpresident the respiratory medicinediseases specialist on and a János Professor respondents, the of one example, For conditions. health their to according differently individuals charge isto industry insurance the by adopted method conventional One lifestyle? of becauseofchoices differentthe groups the two between be differences should there or coverage medical in their asnon-smokers benefits equal demand the of needed. services is:healthcare beThe question smokers should these entitled to tomorrow, he mightbe diagnosed with lung cancer20 30 or yearslater. This hasimplications on yearsafter of smoking. A isperson who over-smoking today isdie likely to from smoking The time dimension of smoking complicates the issue of justice in health care. From 28 CEU eTD Collection doctors in smoking cessation work, Hungarian the from input insufficient an about comment a makes in Budapest, centre cessation physicians’ major role in it. Dr. Robert Úrban, a psychologistin charge of the only smoking of because nation of provision the healthcare is to theearlier, general related cessation smoking As mentioned state. by the been fulfilled not has care health to right the of duty the can say one ifsmoking services and cessation arenotservices made cessation availablesmoking tosmokers, smokers and is key to the health improvement of smokers. A non-smoker does not need enjoy rightthe tohealth care. This it isbecause atype of providedto service exclusively smokers whether assessing of is element an services cessation country. Smoking the of services healthcare general with the is connected often This component services. smoking cessation healthcare, sharesmokersnon-smokers andaccess to oughtfooting. equal to of level the on Thus, it. get to be able he should care, health to right the on based and operation able to receive it. For example, a lung cancer patient who used to be a smoker might need an need-based. As long asisa person inneed of certain ofmedical types heshouldservices, be s made on basisthe smokingof habitisplausible. not fordistinction the isat least ajustification It healthcare thelevel care services. at that public of informed,it is difficult tojustify that smokers should be punished with their access to health who never smoke. Nevertheless, taking up an addictive behaviour when one is notfully other things beingequal). Thelargestdifference isprobably heavy between smokers and those The point Iwish to make is that distribution of health care resources should be Another theme concerning the right to healthcare of smokers is the availability of availability is the smokers of healthcare to right the concerning theme Another 29 CEU eTD Collection Students in Hungary’, Journal of Community Health 40 and pharmacy students are 48.2%, 36.3% and23.3%respectively. are48.2%,36.3% and students pharmacy medical students It hasbeen foundnursingin rate the of that students, counterparts. smoking western the than higher is relatively professionals healthcare among prevalence smoking isevidencethat there Furthermore, be well-informed? to smokers canweexpect how services, cessation the areunawareof whenphysicians to.In situation access the canhave smokers that also information on of but the theavailability services, dependspartly on smokers care of health to right of the realisation is the that contradiction from this drawn lesson The aquitline.operate someone indicates that quitline does not exist in Hungary,but in fact Dr. Úrban’s centre does from physicians, collected of the questionnaires in one instance, For services. cessation such of existence the about ill-informed are physicians even is that worrying more is even what context, aboutit, they probably do not know how to have access to these resources. In the Hungarian aware of the availability of such services and if their personal physicians do not inform them Another form of right which overlaps is the right to information since smokers might not be smokers often visit smoking cessation centre after advised by their general practitioner (GP). services, such as psychological counselling, which relies heavily on referrals. It means that Smoking cessation is a type of secondary medical service, like other specialist smoking asissuea health amonghealthcare hindersthe helpasmoker professionals can receive Bettina, F., Piko, ‘Does Knowledge Count? Attitude Towards Smoking Among Medical, Nursing and Pharmacy (Dr. Adam Tarnoki and Dr. David Tarnoki) David Dr. and Tarnoki Adam (Dr. The exist. problem might originate quitlines No from help. notquit a effectively find to organisedwhere know system doesn’t population that is Problem to treat, but they don’t give all the time to… understand they have to do many things,…,so they have a high number of patients they we can have guess...ok, I reimbursed not are they because smoking regarding intervention basic the even perform not do physicians of the …majority that is problem other The , 27:4(2002), p.272. 30 40 This lack of awareness of lackof awareness This CEU eTD Collection England Journal of Medicine 41 dependence on nicotine, and externalhelp is essential for successful attempts of quitting. If afford Thisin the treatment. result would cycle because havea vicious a already developed would besmokers that with low SES areunable to discontinue the habitbecause ofinability to that they would be able to afford the medication or the cessation services. The vicious circle as itan insurer, acts is unlikely in thestate which Pénztár-OEP), Egészségbiztosítási (Országos coveredis by not medical isinsurance, National that the in Fund Healthcare Hungary, stratum of the society, usually less educated and have unhealthy lifestyles. If cessation therapy status (SES) and smokingin Hungary socioeconomic between correlation strong the intoaccount If we take careof smokers. to health the right schemeaffects (NRT) therapy medicalreplacement is included reimbursement inthe like nicotine whether medication the Therefore, result best of smoking cessation. achieve the evidence which combining medicationproves that and psychological counselling would is medical There arise. debates bewhere heated to acategory continues smokingon cessation medication is given. Furthermore, resources financial nor services cessation about information neither quit, to smokers motivating in incentives few are there that show They physicians. from here areresponses berelated includedtreatment in reimbursementthe medical of the instance,For care protection? from professionals. healthcare the Johan, P. Mackenbach et al, ‘Socioeconomic Inequalities in Health in 22 European Countries’, The New The Countries’, European 22 in inHealth Inequalities ‘Socioeconomic et al, P. Johan, Mackenbach (Dr. Adam Tarnoki and Dr. David Tarnoki) David Dr. and Tarnoki Adam (Dr. are fundednot by OEP the (insurance). This hinders quitting. In addition, some methods (forexample. biomechanical therapy which is not validated) Mucsi) the János medicines)….(Dr. nor hour, office the (neither Hungary in reimbursed not is cessation smoking Another indispensable problem is financial resources. To what extent should smoking should extent Towhat resources. financial is problem indispensable Another , 358:23(2008), pp.2468-81. 41 , which means a lot of smokers are from the lower 31 CEU eTD Collection smoking. Through communicating with various smokers in interviewsthe conducted, an are whilethey people health of the surrounding becauseare harming they as inconsiderate smokers areoften depicted is control andthat smokers tobacco about misconception common One smoke. they to are allowed informingthem where clear now are guidelines since there reciprocally from prohibition.the Firstandforemost, their tosmoke’ ‘right has been enhanced the law are forgoing their ‘right tosmoke’. Nevertheless, smokers receive something Let’s take the smoking ban at public transport spots as an example. Smokers who comply with on part of their rightsin return for the state’s protection of the same right, the ‘right to smoke’. concessions give voluntarily smokers is that in relationship this is interesting What comply with law.the who and smokers state earlier, the between isa dialectic relation illustrated there rights three from smokingban.the Apart the comply with to are willing and who smokers state the between 2.1.1 State and Smokers whocomply law with the ban. smoking effectiveness the is of to the of be conducive rights these observance and the recognised have to demonstrated, in order to avoid a paternalistic approach of tobacco control, smokers’ rights smokers. They are the right toprivacy, the right toinformation and the right tohealthcare. As and state the between relationship in the discussed been have rights three In a nutshell, health efforts in promotion. will. by Conditioned real difficulties, they would choose to go smokingon in spite of publicthe the have if they even mire the from out them pull to impetus is no there absent, are aids these To further explore the different scenarios, this section examines the relationship examines the Tosection this scenarios, different the further explore 32 CEU eTD Collection space in a manner that both parties agree. In reality the conditions could get more complex, butmore complex, get could conditions the Inreality both agree. parties in amanner that space learnnon-smokers haveto torespect that. The groups wouldtwo beabletoshare the public argument, the connotation is thatitis acceptable for smokers tosmoke in open public areasand flipbut the to inside smokelonger restaurants, to smokers are no allowed areas, though places.forbiddenis indoor inbysmokers Whatcertain is preserved smoke’ ‘rightthe to in open a mostclear restaurants, andismessage uniform delivered tothesmokers, smokingis strictly ban would be valid from 1 such annoyances, bysmoking as asking people thetable. around Theforthcoming Hungarian anyone.disturbing concernsof non-smokers the the They andacknowledge try to prevent the not they are if that be ascertaining can they smoking with feelmorecomfortable It makesthem prohibition accordingly. Smokers try to minimise their harm on others while they are smoking. adherethe to to andarewilling ban the somethat smokersaccept demonstrate The dialogues bars, in ban smoking the of favour in smoker heavy a as speaks Martin, interviewees, the of One illustrates it. disturbances. Moreover, smokers welcome a clear stipulation. The following conversation consequences of smoking on others and they are willing to make an effort tominimise the ismessage by important that they smokers conveyed about Hungarian are concerned the meanI don’t really mind, I will light my cigarette outside. (Martin, smoker, age 50+) Austria and also wherever..in Britain it’s the same, smoking is in also notand inItaly allowed, bars I goto a cigarette. it can’t light happens,if I care but Idon’t smoker I I am a heavy offended ,I’m asking because Ireally wanna know.(Csaba, smoker, age23) in apolite way when they shouldn’t, they should say ‘yes, I mind’, yeah..I won’t lighting when (be) they (asking)… I’mare really seriousbeing trying toask…people answered it already they’re because question, a polite as it took people most because question polite around….But usually you asked ‘if you don’t mind’ or something like that. I smokers oronly don’t think around it’s people no a there’re where area open more a to away cigarette, walking a you’re lit or won’t you non-smokers, among you’re when example, for situations, avoiding like, they’re so people, of kind other any disturbing mind will ofpeople kind T: …this others. disturb you’d know you K: …..but whenyou light a cigarette….( T: you mean the general smokers?), yeh,perhaps st January January 2012, in which a comprehensive ban will be imposed in 33 CEU eTD Collection method of securing right the tohealth forand privacy right smokers complying with the The previous section examines how the smoking ban couldbe understood as a 2.1.2 State and Smokers who refuse to comply with the laws opportunity quit lowerconsumption. thecurrentto or performs as a catalyst that prompts smokers to re-think smoking asahabitandmight up open an Even though not explicitly, the interviewee expressed that the smokingban indirect benefit of the right to health triggered by an action of the state. prohibitionthe itself givedoes animpetus for them quit andto thus could beas understood an A frequently mentioned theme by smokers concerning the smoking ban is that choices of smokers and non-smokers. smoking rooms. The demarcation of public asspecial such areas, designated at tosmoke state’s protection the have in return spacethey smoking, serves as way of harmonising the different choice. words,as other In long assmokers are toobey willing specificthe on restrictions forrespecting thusspace thatis minimising but smokers, harm the exclusive smokers’ personal preventing thepassive smoke, while on otherthe hand, state also the tries tocreateaprivate by non-smokers of health to right the protect to attempts state the hand, one On non-smokers. general ideathe is law that can be aninstrumentabuffer tocreate and between zone smokers (Csaba, smoker,(Csaba, age 23) won’t. find a way…..still not an addiction for can them,people most (if) habit, a they amanner, it’s just can’t situative, it’s because smoke that, in of a pub,because but thenespecially I think they ofcigarette, amount extreme get you something, for a beer for example, for it, to used example, yes, first, it seems a bit cruel to ban it especially in environments whereuncomfortable you onfeel alevel…and you getI think and this public ban issuccessful around inother ways, smelly for you’re feel always you difficult, more is girl a er..dating health, your about care don’t you if even because level some on down it force to have authorities) to the they(referring like feel I smoking, I’m especially but because problem, T:I it? think it does casethe because help about smoking nowindividual is an addictionpersonal think a and you do What restaurants? all in smoking bans government the …if K: 34 CEU eTD Collection 42 smoking ban relies heavily on self-regulations on heavily relies ban smoking The lesson learnt from the above story and alot of overseas examples is that compliance with who is a social smoker, treats smoking as a major part of social cohesion. meanings, adesignated area to smoke and a space to socialise with other ‘smokers’. Fruzsina, two has right privacy smokers, For contexts. social by is transformed ban smoking with relation probably one would tend to refrain oneself from smoking. This presents how privacy right in On some contrary,the despite uneasiness. if friends, is then within of one non-smokers a group aresmokers, the iftable around a cigarette majority hesitate to light the not would interviewee networks, rather than in the ordinary sense of public area. In the current scenario, the highly upon whatiscontingent conceptualised as aprivatein space, sensethe of social law.be Yet,seems to of regulation the in is thecompliance that speech is whatthe highlighted the smoking ban, those smokers who decide to light a cigarette are apparently in breach of the by of interviewees: the one with the law. Does it mean they will lose theircomply rights? to refuse they when smokers of rights the on effect the explore will part This restriction. Thanks for the reminder by Professor Amos on this, she quotes the successful experience of the smoking ban in smoking ofthe experience successful the quotes she onthis, Amos by Professor reminder the for Thanks smoking smoking because I a have couple of beeror something…(Fruzsina, social smoker, age23) getto know jobpeople…I’m and the away …that’sfrom get way only to the together. people to rest…and time alsoof the they less will chit-chat third one have outside,you so smoke, I think it’sdon’t you if so a very smoke, or significant eat go or thing to bring bathroom, the to go youeither breaks, toomany have youdon’t I was 17, when ina restaurant was working F: I think it brings people together, forexample when I smoke a little bit more, like when I why wouldyou be different? (Csaba, smoker, age 23) so cigarette, a lighting are others seeing youautomatically somehow non-smokers…then them and know that oh most of them are smokers, yeah the difficult situation is one or two lookingyou’re at other peoplesmoking….but is and else see if everyone they when are lightingtable a at a cigarette comfortable orI feel not, oryouexample, for already but know Assuming that the above scenario takes place in a restaurant after the ratification of ratification after the in arestaurant place takes abovescenario the that Assuming Before looking into the linkages with rights, let’s first have a look at a quote given quote a at look a have first let’s rights, with linkages the into looking Before 35 42 . There is doubt that additionalno resources CEU eTD Collection Ireland in which self-regulation was the determining factor of compliance. factor determining the was self-regulation inwhich Ireland Intra-right conflict in which the right tohealth care of non-smokers is hurt by the behaviour of The two types of rightconflicts mightbe able to offer such a justification. would beessential defend to one’s position on this. onthepublicemphasis health harm (the to dimension afurtherother’sthus justification health), any kinds of legislations, but the particular importance for smoking ban is due to its strong refusing to obey the law, there seems a missing gap to be filled. Naturally this is an issue with human rights and a utilitarian reasoning, but when it comes to the problem about smokers So far the discussion about tobacco control rests overwhelmingly on an account of station), and there is no one around him, should he be allowed tolight acigarette? station (with signs and announcements public remindingsmoking him that is prohibited atthe a is at asmoker train Imagining third party, calculation. into alsomightthat take asmoker to regulations.the Considering smoking which has an additional harmingcharacteristic of a would conform one such as probability that higher the the presence of police, the enforcement, of is strength the one about more certain the agree that also probably would majority situation. to they have law Hypothetically anoption choose notto obey do or to obey it.the The obey law the issuch thethreat of facepunishment, as afine Smokers imprisonment. asimilar or of law.smokersto obey who refuse the peoplepart for wouldMost agreethat of reason the usto autonomy the regarding context a specific to more attention the Now I wishtoturn enforcement. The issue of enforcement will be further dealt with in Chapter 3 of the thesis. howeverlegal up majority same asmanyother self-regulation takes the codes, part of of legislation, the facilitate implementation the would resources such as finance andmanpower 36 CEU eTD Collection egészséges környezethez .,http://www.parlament.hu/irom39/02627/02627-0187.pdf 43 rights Non-Smokers’ the and State 2.2 ‘Hungary recognizes and enforces the right of right a the of andenforces everyonehealthy to ‘Hungary recognizes environment’ its citizens.environmentto According to Article recentlythe of amended constitution, 21(1) maintains asmoke-free environment. The Hungarian provideconstitution pledges to ahealthy Tostart with, the right tohealth of non-smokers is in essence abouthow a state Right to Health right toinformation and right the tohealthcare, be will reviewed. tobacco control policy. Other than the famously quoted right tohealth, two more rights, the smoker to obey the law. ininapplicable could there circumstances, certain still be topersuade justifications furthera merely that there is an intra-right conflict, but showing that even when the harm principle is wouldin non-smoker, befewer is resources available. which caseleftThe messagehere not a of care health to right the he ishurting system, healthcare from the more is requesting smoker means he is taking more than a fair share of the medical resources from the pool, and as a arelimitedmedical andif is todamagebecause resources decides a smoker his health, that own It non-smokers. and smokers remains between conflict aninter-right health.own Nevertheless, the smoking ban while nobody is around, it is true that one can argue he is only damaging his ifdenied health services needis the only In measurement. case the a smoker refusesthat to obey be should and noone care, health to theright to entitled are andnon-smokers smokers both that smokers. The argument is not that straight forward and requires some explanations. Itis clear Article 21(1) of the Hungarian Constitution: (1) Magyarország elismeri és érvényesíti mindenki jogát az On an equal footing as smokers, non-smokers also enjoy certain rights with the 37 , (accessed 20 , (accessed 43 th May 2011) . However, CEU eTD Collection 44 life,right towhich is usually regarded asinalienable becauseissurvival. it critical toour Legal sometimes might be referred to as natural right or universal right. The classical example is the dilemma. Moral right is independent from law, social or cultural contexts, and therefore (INWAT-Europe, 2008),http://www.inwat.org/images/pdfs/inwateuroshsreport_final.pdf The concepts of moral rightand legal right in schools, kindergartens, playgrounds andbuildings. government smoking isvirtually banned in most public indoorareas,in addition to the existing prohibition and one comprehensive be a will ban smoking Hungarian forthcoming The smoke-free. whatplacesitbe shouldto be upthedebateabout labelled guarantee as smoke-free? opens This premise which is notclassified as a smoke-free zone, does the state still have an obligation to itis an individual’s responsibility to avoid smoky places? What if a non-smoker enters a in certain places, for example, schools and government buildings. One question arises: how far and non-smoking areasin restaurants or a comprehensive ban,in which smoking is prohibited the state has to choose between (at least) two plans, either partial separation such as smoking A major difficulty with smokingis the borderless nature of the smoke. Therefore, incoercion laws. health public unnecessary preventing for is crucial intervention state of boundaries the knowing so respected, smokes at all, but we know that in a pluralistic society, different personal choices have tobe non-smokers? ideal The a non-smoker’s(from point view) of would possibly nobe that one for asmoke-free environment circumscribe To to its authority exercise canthestate what extent are limitslegitimatethere of a state’s exercise tothe power smoke-free. environment to keepthe 45 2011) A. Amos, S. Sanchez, M. Skar, P. White, Exposing the Evidence-Women and Second Hand Smoke in Europe JosephRaz, ‘Human Rights in Emergingthe World Order’, Transnational Legal Theory 38 45 can be helpful in analysing this inanalysing behelpful can 44 , (last accessed 29 accessed (last , , (2010),, pp.31-47. th May , CEU eTD Collection environment. smoke-free of limits the on disputes the to be asolution could health to right moral a defending legislation. What I aim at demonstrating is that resorting toa legal right to health instead of andrights politics in in results lawmaking procedure the a certain in degree of arbitrariness the of Interaction claims. different between balance a strike to have makers law consideration, into satisfy the needs of the non-smokers. Nonetheless, when the drafting of legislations is taken Still, one could debate that the legal right to health could be designed in a way to that a legal right to a smoke-free environment is the second-best option for non-smokers. this claim. In other words, by differentiating between moral right and legal right, we can argue between differentindividuals’ claims to rights do not allow the state to commit solely fulfilto should be ‘enabled’ to achieve the best possible status of health, but in practice, the tension argue anindividual is justified it to basis, is It becauseon a theoretical health. attainable highest the to right legal a have not does he but health of standard attainable highest this to right moral have achieve health’. Does a duty state argueX the standard that? of to I would attainable has a passive smoking because he has a right to health and he should be entitled to a ‘highest all him from protect hasto state the that claims X) be called him (let individual an in which case the state’s responsibility of protectingof individualsscope a from passive derive smoke. to Assumingus help an extreme could distinction This two. the between differences the explain help penalties areimposed. This mightsound confusing andIhope followingthe illustration would any before a trial to is entitled suspect each that guarantee and system legal by the created right a is which trial, to right the is example One constructions. legal by emerge that rights are rights 39 CEU eTD Collection expresses his opinion on expresses hisplainon opinion packaging. people could understand the message easily. One of the interviewees, Dr. Robert Úrban, simple as explainspossible. That why pictorial warning can be powerful because illiterate even bemeaninghas to accessible, thatthelanguage materials usedin remainshould as promotional smokingis not unique andcoupled with health ishazards a necessary Informationpackage. also that messages both including information, to right the that shows Vaci’s comment Professor control. for tobacco advocate Society acivil and Patients Respiratory and kids in schools. Here is a comment made by Professor Sandy Vaci, President of Hungarian cigarette. first Thegroup isthat for being usually targeted is prevention strategy the teenagers the lighting from them in preventing be effective would it inadvance, information sufficient harmfulthe effects of smokingit andthus,is believedby that supplying non-smokers with majority of smokers pick up smoking at the time when they are notbeing fully informed about sufficiently informed, they would be less likely to pick up smoking. As explained earlier, the are if they because element preventive stronger a has non-smokers to given Information samethe yet right the type information of to distributed twothe groupsare different. smokers are entitled to information about smoking and health, non-smokers are also entitled to Right toInformation even for those who have a low reading level. reading alow have who those everyone, for for even good is warning picture of type this ofcourse and issue, this about discussion somehow special.But that would be a good step, a good furtherstep to furtherencourage but we don’t know about how it affects Hungarian the smokers. Hungarian smokers are They plan tointroduce thispicture warning on the packages. There is always adebate about it, young people get addicted it isvery difficultto persuade them to give up their addiction. addicted. To be effective, education needs to happenat avery early age (before age 10). Once youngerpeople in Hungary. Young people tend to smoke as an actof rebellion, then get among is higher ofsmokers percentage The school. elementary early,at start to needs addiction) smoking of development the (preventing prevention smoking that is thing key The Right to information is another claim of right made by non-smokers. Whilst 40 CEU eTD Collection Deceit: Document Discovery in the Minnesota Tobacco Litigation’, William Mitchell Law ReviewLaw Review 46 not exclusively for non-smokers, they can also have an effect on smokers, but for non-smokers, for but smokers, on effect an have also can they non-smokers, for exclusively not industry.firms The arenotbusiness canarguebe that leaked.secrets to are information These could this in from of bedifficult because resistancethe the Nevertheless, tobacco execution have that manufacturers tobacco the publicfor many beenmisleadingthe decades. industry tobacco havebeen revealed and valuable are these and of sources proof convincing example, in the Unitedespecially States, non-smokers, due to litigation shouldmaking adecision.A final note regarding the rightto information is public,the that and also havecases, access a largeto informationsmokingitself, butrather publicthe is provided with substantial informationamount of numberbefore of ofthe documentstobacco industry. notdoes state the have toattack the industry tobacco act demoralisingdirectly the of or of the For possible of option state neutrality.In order to safeguard thenon-smokers’ information,right to of paternalism of the tobacco control programme. Sounding paternalistic as it seems, there is a degree Details the would the programme determine life of etc. smokers expectancy of smokers, smokingtowards with from support medical theseevidence, could belung cancerof rate is information itthat tries torevert the publicby discourse introducing an attitude alternative among youngsters as a sign of peer association. What is relevant to the concept of the right to in been as an successful pastfewthe cigarettes decadesof act fashion,establishing of especially mightit butserve is have Hungary companies thattobacco asan alternative. The basicidea isof approach control. It tobacco how not sure effective this in bewould ifimplemented ‘denormalisation’so-calledthe informationis of right the aboutissue A related p.477. See Roberta B. Walburn, ‘Essay: The Role of the Once-Confidential Industry Documents’, William Mitchell , 25(1999),, pp.432-436,Michael V. Ciresi,Roberta B. Walburn and TaraD.Sutton, ‘Decades of 41 , 25(1999), 46 CEU eTD Collection 47 such as medical in services, tobacco related morehas resources state the toinvest scale, effective in control is not Hungary is (which situation), a relative on alsotobacco current the if is that implication then the should but benegligible), races across genetic differences aresimilar causedof illnesses occurrences by various asinsmoking are (there countries other high smoking prevalence inHungary is(which thecase at the moment), andassuming that the if is a smokers meansthat which tothere health care of refuse cannot provision the state the http://www.tobacco-facts.net/2011/05/smoking-ban-from-1-april-in-hungary,(last accessed 25 in 2004. 400 million HUF almost ofsmoking amounts costs healthcare beginning the at the thesis, of the If recalls are. one diseases how costly smoking-related about impression an This gives overall instance, this is informationthe given by one of our respondents: smoking medical bans on that can be greatly smoking. related reducedwith expenses For healthcare system and exhaustsharms only himself when not complying with thethe law, one is still healthcareadding an extra burden to the system. earlierisintroduced general argumentprovided The tothe population. thatevenwhenasmoker From empirical evidence, onhow scarce, are itfar islimitation there astate resources medical can guaranteethe services is shown non-smokers, what is at stake with smoking about Right to Healththe Care The right last to health rightcare?place. first habitat the the prevent taking up Since tofinancial be examined access isthe industry present to helps an instrumentdocuments objective evidencewhich to in this section is the right to health care. For Attila Leitner,Smoking ban from1 April inHungary 47 (Dr. Adam andDavid Tarnoki) hospitalizations is downbetween 10 and 30% depending on thecountry. The health impact of smoke free legislation is immediate. In a few months the rate of MI This intra-right conflict puts the state in a dilemma, from a human right perspective, 42 , th May 2011) CEU eTD Collection in the current context. Within the arena of tobacco control, children should be entitled to at to least be entitled control,should Within children context. of tobacco in thecurrent arena the is with capacity butforthat the reasoning, is this connotation associated whatit not is referred to protect themselvesviolations against of rights.their Inlegal minor terms, hasanother would require state intervention for protection. Minor refers to the fact that children are unable Children belong to a special This focus adults. the assmokersnarrows toadults and section as non-smokers. children category of non-smokers becauserights ofamong their different status as individuals,minors Prior discussions about the rightto healthand in the thesis revolve around the conflicts of but the debates Children 2.2.1.1 were about smokers and non-smokers concerningrights smoking. as and to claims contexts has each of unique them because non-smokers among categories special the as identified been have types three These workers. and women children, are they order, this section, the issue of rights in three kinds and accordinginterests divided respective held rights tothe by remainingthe In them. partof of non-smokers will be reviewed. In sequential further be also non-smokerscan groups, intosub-classified be can smokers As 2.2.1 Special Categories Non-smokers of iscontrol tobecome effective. is unlesstobacco trade-off inevitable medical spending andit between andsmoking non-smokinga related seems services that non-smokers. To put the of healthcare to right the to harm it unnecessary an caused smokers by the brought in burden the another way, the state maternity and childcarewould sufferin course.The claimdue strong of is non-smokers the that would be forced to makeinstance, for services, forother resources means that in return and diseases, cardiovascular a decision about 43 CEU eTD Collection 48 pp.1017-1044. demonstrating children suffering from kindsvarious of diseases becauseof SHS evidence medical is ample There information. to right the and health to right the rights, two evade the dangers of smoke-filled homes and should be able to rely on the states' police and children, the whole scene is changed. Moorby argues that ‘Children are already powerless to smoke (assuming the argument of healthcare is non-existent). However, with the presence of classified as a private area, so a smoker could make a claim that he ought to be allowed to right to health of children come into direct conflict with one another. Home is typically Specifically itis a problem of smoking at home, where the right to privacy of parents and the future.the in social benefits generates that interest this isaspecial Therefore, from state. the investment generation partly depends future on today’sfuture Thewelfareof they generations. are the claim can be established calling in the state to intervene toprotect the health of the children as above, in which mentioned children was are more prone that to harm by passive smoking. If this is vulnerability the case, then a physical the is thing first The subtleties. further are there right to health and smokers have a right to privacy,then when it comes to the case of children, If one agrees with the propositions in the previous sections family. that of non-smokers context in the health to right havechildren’s a about justification a make wantto smoking,I victims of and of passive asgeneral arguing children Instead allergies. children exposing topassive smoke ismore likely todevelop respiratory problems like asthma Dana Best, ‘Technical Report-Secondhand and Prenatal Tobacco Smoke Exposure’, Pediatrics Tobacco Exposure’, Smoke Prenatal and Report-Secondhand ‘Technical Best, Dana The second problem I want toconcentrate on is the dispute in a parent-child relation. 44 48 , 124:5(2009), . For example, . For CEU eTD Collection Clear the Air?’, Pace Environmental Law Review Law Environmental Pace Air?’, the Clear 49 from Parents that Smoke?’, Saint Louis University Public Law Review 50 stake concerning smoking parents. A major worry from public health officials is thatchildren issueat isan information to right the tohealth, right issue of evident the than Other children’sstate to prioritise welfare. smoking and parents stateis the thegatekeeper. Therefore, children’s vulnerability urges the their of right privacy the overrides children of health to right The children. of health to right car.the could safeguard as the guardian only the state to perform Undersuch the circumstances, smokingin cars whileprivate they are driving, childrenare unable nor toprotest can they leave mobileleaveagainst not allowed to smoking. or houseas the protest a are virtually ‘trapped’ insmoking because that adults, unliketeenagers environment or they are a child probably will be know that smoking is bad until at least 4 to 5 years old). Second, they Smoking athomemeansfirst,defend twothings, childrenareunable to (rationally themselves, protected from non-smokerschildren arevulnerable andshouldthan adult bebetter state. the and onecan thereis appeal that consensus comments, arguethat implicitFrom three an the children’s health. aremedy.’ for powers parens patriae Michael, S., Moorby, ‘Smoking Parents, Their Children, and the Home: Do the Courts Have the Authority to David B. Ezra, ‘Stick and Stones can Break my Bones, but tobacco smoke can kill me: Can we Protect Children we Protect Can me: kill can smoke tobacco but my Bones, Break can Stones and ‘Stick B. Ezra, David ’The following are three responses from interviewees expressing their concerns about their concerns expressing from interviewees are responses ’The following three to breathe in smoke… the (Fruzsina, socialsmoker, age 23) stands, and thesmoker isstanding below there’sit, you your and kid andeveryone, you have you to next is smoking, standing so someone it’s and kid notold just you,year five but your your child,with andstop when bus it’s the at raining, standing thereyou’re are these small has the right to free air. (Csaba, smoker, age 23) that’s why I’m totally in support of banning smokers out of most pubs, because otherpeople when it’s about kids, I think then it’s not only yourprivate sphere because ofpassive smoking, time, I wonder, what are you doing? (Andi, with a baby 16months old, age 30+) you smoking adad see right to next his child in playground. the I meansee I from time to 49 , 12(1995),, p.851. 45 , 13(1994), pp.547-590. 50 parents Imagine CEU eTD Collection been argued thatfemale animbalance passive reflects smoking relationship between power has It debate. of a question is men among than serious more are effects detrimental the Whether smoke cause demonstrating harm evidence that serious could tobacco to women’s health medical is there with, Tobegin explored. be will women pregnant of issue the that, After this section, the first discussion is more about women as victims of passive smoking in discussions be two will There is women. at concern home. of particular group The second Women 2.2.1.2 decision on child custody, burdenof child abuse neglectand andmaking use remedies.of tort smoking parents are not harming children? Ezra delicately made afew suggestions,including rights of children smokingagainstis monitoring and how can enforcement, ensure state the inhazards spite of seeing smoking parents regularly. The obvious problem with protecting the information calls foreffective publiceducation so thatchildren learncould thepotential health to right the therefore, individual, an of development the on impact substantial a have is It experience patterns familial that pattern. and understood childhood life-style observable It means more thatchildren likelyare pick into life stages later upsmoking of because of an Public Health 51 http://www.cdc.gov/tobacco/data_statistics/sgr/2001/complete_report/index.htm 53 from Parents that Smoke?’, Saint Louis University Public Law Review 52 in concerningconducted CzechRepublic the smoking. children’s towards attitude a research is from here example, a finding For effect. is a generational there consumption), growing upin a smoking environment, seeing their parentssmoking (regardless of actual the Drahoslava Hruba, Iva Zaloudikova,‘Where Do Our ChildrenLearn to Smoke?’, Central European Journal of Women and Smoking: A Report of the Surgeon General Surgeon of the A Report Smoking: and Women Children we Protect Can me: kill can smoke tobacco but my Bones, Break can Stones and ‘Stick B. Ezra, David behaviour from a very early age.’ relations to these smokers in the family, the children form positive attitudes to smoking they inhale the smoke, and whathow theycigarettes, do light withthey when the ash. situations Because the and relatives of smoking their their strong watch emotional‘Children , 16:4(2008), p.181. 51 46 , , 13(1994), pp.547-590. , (last accessed 20 accessed , (last th April2011) 53 52 . CEU eTD Collection ed. In: Tremblay RE, Boivin M, Peters RDeV, Barr RG, eds. Encyclopedia on Early Childhood56 Yale Journal of Law and Feminism 55 54 although inalthough Hungary,is there large also a female smokersof population male and female.Women often become their passivesmokers aresmokers, because partners tendency of tendency developingof ahabitsmokingof smoking,importantly,more and implication the is thatthe offspring would havea higher pregnancy,throughout their offsprings wouldhave ahigher chance of developing acrave for smoking continue and smoking been have who women that revealed been had It examined. is epigenetic of evidence the when arises contention The deformations. even or problems absorbingThere arepossibilities that foetus the passivesmoke would haveall of sorts health woman and health sparks off involves the asmoking foetus. debate of pregnant the a heated a claim that a ‘double-harm’This isnovel not anda general could beresorted to right tohealth argument, oronemightmake is made, to the pregnant woman and the difficultythe for pregnantwomen to avoid passive smokingin Hungary.foetus. The case that smoker smoking beside a pregnant woman. The following quote from Andi, a mother, shows baby future becan in harmed ways. two Theclassic scenarioof passive smoking be would a Epigeneticformulatedproofshavebeen argue aboutfoetus.harmtheThe to to behind and this one can existingrefer to feminist studies. not, the woman would tend to tolerate than to voice their discontent.There are various reasons in given a situation isNevertheless, which amale a partner heavy while smoker is female the genders on smoking. two the between discrepancy is there anarrower global pattern, the MD,Cornelius, N., de Genna, ‘Prenatal cigarette smoke exposure: Effects on offspring.’ Wakschlag LS, topic Robin Appleberry, ‘Breakingthe Camel’s Back: Bringing Women’s Human Rights to Bearon Tobacco Control’, Referring to the statistics in Table 1. something you have to put up with basically. baby (Andi, 16-month old, age 30+) You try to avoid it, you can’t completely avoid it, try to go to non-smoking places... it’s just , 13(2001), pp.71-96. 56 . The debate is not whether the epigenetic evidence iswhether epigenetic the debate not. The 47 55 54 , andthus compared to CEU eTD Collection the interestthe of futurethe childisimportant, sodoesitjustify statecould the that a promote Secondly, there is the unanswered question about the level of state intervention. If pregnancy. before the pregnancy and it is noteasy to quit immediately when one learns about the care about the health of their offspring. Thus the problem is these women had been smoking Nevertheless,itwould be toassume inappropriate women smoke duringwho pregnancy notdo mothers decide to smoke outside in spite of the coldness, indicating the severity of addiction. continues smoking during child-bearing andin winter times, messagethe is would-bethe 2011:1-8. http://www.child-encyclopedia.com/documents/Cornelius-deGennaANGxp1.pdf Development; Childhood Early for of Excellence Centre Quebec: Montreal, [online]. Development 2011) developed nor will itbe gone in one day. The following is an example: issuesbe should examined.First, onemust notforgetsmoking that is an addiction, unlikely related the but intervention the behind intention good the of doubt is no There to-be-born). baby is andthe strategy estimated allmaximumof toeliminate (health toachieve the risks protection to via foetus the is apre-emptiveinterference. It because pre-emptive thepotential harm is drug useisin found women.pregnant is Theargument clear, whichis granting aright tohealth if police tothe illegal physicians reporting arealready drug use, there whichrequire countries of area the In by surveillance? smoking woman pregnant banning forcefully i.e. intervention haspre-emptive for claim does alegitimate state the changes), case with rapid technological the is sufficiently butgivenpersuasive, medicalthese proof established (which will likely beto the (Dr. Peter Jozan) (Dr. Peter hospital, you see in the courtyard, females smoke at the entrance, even in a toomany, yougoto winter abruptly.baby,when the not ofthem, stop forBut some then unhealthy times. Sometimes happened that young motherwhen they expect ababy they’reand told that this is It is toseehowDr.interesting women Jozan madepregnant emphasis these the that 48 ., (accessed 30 (accessed ., th May CEU eTD Collection European Journal of Public Health ofPublic Journal European 58 Edinburgh 57 health. one’s on consequences serious have duration such longfor hours, for instance, least at aday7-8 hours and arebeing exposed to tobacco smoke for work individuals health because theright to of realisation atthe in aiming target policies central establishedlinkages between typethe of occupation and one’s smoking habit. Similarly, has control.theme Study been intobacco a recurring smoking conducted workplace discussion, especiallyindustrial are frequentaccidents in likesector mining andconstruction. smoking ban firstwere discussed.Work safety is undoubtedly a prominent topic in public on policies most itwaswhere and health, occupational on materials of amount substantial a find would one control, tobacco in efforts earlier of history the Tracing Workers 2.2.1.3 understanding the differentrights involved is a small first step. for childhood development environment of women, rights like bodily issues because is essentially andthis are questions, these regarded as beyond the realmwomen who are smokingof stateshould not be allowed control to bear a child? There are no easyand answers to therefore, second pregnancy?’ if is it justify then strong epigenetic Furthermore, does there evidence, that They would think‘nothing my happened for first child, sowhy should Istop smoking for this child born, then womenthe perceive smoking not harmswould tobe associated the sogreat. pregnancy first situation,the it has been foundis that it toconvinceeasier asmoking quit woman duringto her policy like compulsory testingdrugs and on use tobacco of these women? To further complicate F. Hruba, et al., ‘Socioeconomic Indicators and Risk of CancerLung inCentral and Eastern Europe’, Central of University the at Health of Public Professor Amos, Amanda Professor with Communication Personal 57 , and the reason is that if there is no serious health consequence with first the with seriousif health is isconsequence that , andthereason no there , 17:3(2009), p.120. 49 58 Workplace is a is Workplace CEU eTD Collection the Workplace?’, Ohio Northern University Law Review 59 tobacco smoke, Martin told the technological solution. technological toldMartin smoke, the tobacco workplace smoking. When how aboutasked employees couldbe passive guarded against health impact, non-smoking workers have a strong claim for state intervention into the issue of this as an inconvenience and prefer a place where they could smoke. Due to the severity of the consider who guests be from would opposition potential the that exemplifies comment Agota’s from of one abar operating in interviewees the Budapest. combined hazards health would behuge. Before continuing ourdiscussion, here isa response behind bar the table serving customers andthemajority of customersin smoke front you, of the placed in a difficultsituation. Imagineyou areanon-smoking waitress, working 9hours aday high implyingsmoking prevalence, is smoking an accepted innorm arerestaurants; workers a has Hungary that consideration into taking Further there. working are they because premise inpassive smoke an intensive way. Moreover,do workers not have a choice toleave the case of children. Long working meanshours that a islikelywaiter be exposed tocontinuousto duration and autonomy. The situation faced by inworkers a smoking restaurant is similar tothe The claim that workersand bar, a smoke-freeworkers’ restaurant ‘right toasmoke-free workplace’ havein be to right customers’ the discussing a than Rather rightbusiness. catering in the smoking on centred to a smoke-free workplaceWithcurrentrespecttheproposal to Hungarian of the smoking debateban,the is based on two metrics: Ann H. Zgrodnik, ‘Smoking Discrimination: Invading an Individual’s Right to Privacy in the Home and Outside and Home the in Privacy to Right Individual’s an Invading Discrimination: ‘Smoking Zgrodnik, H. Ann a bar, drinking all alone and this smoky, it keeps coming to your face, I don’t know why they don’t why understand.know (Agota, restaurant owner,don’t I age30+) face, your to coming keeps it smoky, this and alone all drinking bar, in a you’re imagine but or whatever, down sit they a rest, have they so time, of period long for it’s important, because anyhow,you keep taking care of that, and also,sometimes that theythey do arenot standing really understand having a non-smoking section inside the bar there is, 12 hours (a day)..and in this condition, than it’sformore place) reallyby (this disastrous standing somebody tocolleagues ofour fight care with take to the trying guests,we’re 50 , 21(1995),p.1239. 59 is the focal point. CEU eTD Collection 2.3 Smokers, Non-smokers and Who Else? Who and Non-smokers Smokers, 2.3 have already been covered in earlier analyses, to avoid repetition, this section will be a brief conflicts of rights beyond the smoker / non-smoker dichotomy. Since some of the discussions possible the on concentrates section This assessed. been have relationships rights non-smokers’ share the opinionshare the this. on smoke-free workplace is not avery salient in the public’s discussion. Both Agota and Martin a of agenda the itself, workforce the among smoking of pervasiveness tothe due Unfortunately, smoking barbecause business of considerations. In addition to that, he mentioned that his new bar (plan for opening in May) will remain a Therefore, the state is the final resort if the rights of the workers are to be upheld. and furthersocial pressure deprive that minority (non-smoking workers) of to health.their right and thus, the issue tend to subside. Nonetheless,it is exactly because of this lack of attention workplace. The issue tends tosubside the as labour in cateringthe business is mostly smokers Concluding from interviews,the only weak attention is paid to healththe atof workers M: Listen, most of the barkeepers are smokers, so it’s not that… (Martin, bar owner) (Martin, that… so it’s not smokers, are barkeepers of the most Listen, M: bar? a smoking in Like them? youprotect can how workers, your of health occupational to comes it when owner, a restaurant you’re since And K: to is go to the backsolution and they smoke overthere… easiest (Agota, the restaurant owner)and people, with working and hours long Working on. going pleasure other thing is simply themselves are also smokers, because they have a certain kindyoungsters workingof (in cateringthe industry) mainly…s imply they just don’t care, and the of types certain have we because different bit little a is Hungary in situation A: Well, the much smoke? so to exposed they’re since employees your of health the about concern any have you Do K: bar-owner) (Martin, smoke…And when the legislationcomes, we’ll just take the ash trays away… M: yes, of course, because right now we’re talking about bar? business,smoking bea to so untilplan you do peopleK:And can it’s a smoking place, you never have to go out for fresh air. (Martin, bar-owner) air. (Martin, fresh for out go to have never you place, asmoking it’s up to 13,000cm change can which systems air-conditioned and systems bar, ventilation it’s wehad smoking a In the previous two parts of the thesis, the state vs smokers’ rights and the state vs state andthe vssmokers’ rights state the thesis, the of parts two previous the In 3 of freshair in every single hour, which is a lot. So that means eventhough 51 CEU eTD Collection be at stake. Martin’s opinion reminds us tenants form another class of stakeholders, and should and stakeholders, of class another form ustenants reminds Martin’s opinion stake. be at also could is party’s interest a third conversations above from the The significance owner, view. sharesasimilar restaurant another alone line,Agota, is on this not Martin Before continuing with the discussion, the following is a short illustration by a local café owner. behasin includedlocal in to neighbourhood tenants about Budapest, the debate. the the context non-smoking place. Nevertheless, from the interviews conducted with locals in the city of dichotomy in which the public space has been understood as either a smoking place or a a private/public about conflict the handled only analysis far the So examination. further requires Among the potential conflicts of interests, the demarcation of smoke-free places toeach assignment of resources and the camp. adjudicating asamediator acts state The relationship. leverage in this player is acrucial state the As aresult, emerge. conflicts andnon-smokers) smokers health care between (such astheright to intra-right and smokers) of right privacy the vs non-smokers of health to right the as (such inter-right the various rights with an imposition of the smoking ban, there are possibilities that both As shown in section 3.1,3.2 and 3.3, while the state makes an attempt tobalance recap. because you know you’re bothering the neighbourhood. (Agota, restaurant owner) restaurant (Agota, neighbourhood. the bothering you’re know you because keep having these reports, then itwould mean that all of a sudden they shutcan you down (guests) are people noisyyour or or loud, they whatever, or (the residents)loud or can noisy at anytime being report you’re if it to the policemeans which and if you neighbourhood, a restaurant opening because to whenyou belong a run restaurant, youwhich depends on theopinion laws from the the and restrictions those at look bigger a take to got you (Martin, bar owner) (K: it. Argh…because it’sform a of disturbance?) That’s it. above tenants by besued the barwill the same minute, Onthe be loud. will which laugh, will let’s say only three people are standing outside, one of them is telling a joke, the other two smoke. And it’s absolutely normal inItaly. guests) can’t smoke in the bar, they will go to the sidewalk and in front ofprimary concern..) your the barwas theyNo,that no,will no,thought (the I Italian that…(K: experience like onor things smoking guests ban was losing told of here)…afraid if not … I’m they(the M: K: ……So what’s youropinion on the(smoking) ban on public places? 52 But it’s absolutely not normal in Hungary. … CEU eTD Collection Yet, on tobacco control, the state neutrality argument is relatively weak since the nature of the to maintain a proper balance between individuals’ claim of rights and the collective benefits. right. In most contemporary societies, the state tries to uphold neutrality in public affairs so as right-holders, the state’s position emerged as a decisive factor balancing competing claims of Summing up the debates in this session about the conflicts among the different translatinglegallyinto rights. protected various formstake and in could befoundprinciple difficulties poses this anywhere,and great in difficult turn to rightthe of a quiet spacean into easily legaldefined Disturbances right. could right when compared to privacy right and a right to a smoke-free environment. Second, itis to a right argument, it is not sure first of all,if the right to a quiet environment is an absolute resort to we try If in. moving to prior known have should they since compensated somehow are habitants the therefore, and property of the in price the bereflected could residency aspect of theargument can with the‘undesired’ that from continue thedebate Borrowing economics, Hungary applied to as asolution. be can experience foreign think interviewees the of one Nonetheless, neighbourhood. quiet until midnightand after, residents wholive abovehave reasonable justifications torequesta Knowing mostright toa quietlateenvironment.from of barsserve night that these customers assumeif that noise the pollution argumentis added, tenants would rationally arguefor their potentialthe noise whichis disturbances anunintended legislation. of consequence the We can be calculus partof the The in legislative process. the third party’s raised interest in isHungary (Fruzsina, social smoker, age23) extension of the bar, a small area, I think there’s a smart solution. F: yes, it’s possible, but I think there’s a solution. For neighbourhood. instance, the to in the UK, theydisturbances can make an K: One of the restaurant owners worry that when people smoke outside, it would cause 53 CEU eTD Collection sacrifices. It is also the recurring theme of this thesis. disproportional making parties any avoid and involved rights the of assessment is an achieve forced the state to endorse the stance that smoking is bad, as a result, what the state can at best ban itself is with endowed visionthe improvingof public health, and this dominantposition has 54 CEU eTD Collection 60 female. country in are of smokers the a considerable proportion fact that harshis environment notconducive toquitsmoking. is What alsorelevantHungary to is the pick first, theselikely a very of peopleare the this, at age andsecond, upsmoking youngto immediatecontrol campaign. consequences atobacco are designing attention when two There special given be to have that groups main two the are women pregnant and Teenagers Hungary. in smoking with strongly correlates SES smokers, of care health to right the of discussion the in householdstatus, income,gender, level education and many As highlightedothers. previously employment include life,these of all all ifnot aspects almost on society the of bottom atthe are and live inaless often well-off i.e. neighbourhood. environment, These relatively poor people income lower education, little with individuals example, For life. of improvement for resources identified as individuals who score low on a series of socioeconomic indicators, who have few the ‘disadvantaged’ groups in tobacco control policies of a dimension incorporating of the vitality stresses literature health public Existing 3.1.1 Sensitivity to Smokers’ Socio-economic Status control are explicated. tobacco individuals’ In chapter,rights. this a are central few thatof to aneffective programme aspects defend could legislations farhow on the restrictions are there Nonetheless, rights. various been legislationsthat draftingthe demonstrated has of tobe in cautious handling conflicts of the ithas and sections, previous in the out mapped been have of rights types Different Limits oftheLegal 3.1 Approach Chapter 3 Eric, T. Moolchan et al,‘Addressing tobacco-related health disparities’, Addiction - Discussion 55 60 often is group Disadvantaged , 102(2007), pp.30-42. CEU eTD Collection underprivileged teenagers to pick to teenagers underprivileged their upsmoking and because parents peers smoke. few incentives andsupport are available toquit for smokers anditis more also likely for group, such disadvantaged as thelarge amount of homeless people andsinglemoms,means that closely policies that firstlinked tothe issue Beingin of disadvantage. socioeconomic the control tobacco of aspect is an This support. social of element the is in Hungary ban smoking A second issue3.1.2 Social Support inSmoking Ban that emerged in the interviewsnototherwise themeasures reach might particularthe groups. and is also absent from theIn short, an effective present tobacco control programme requires being sensitive to the SES of smokers even more strongly with tied smokers from environment.poor myopia is another problem associated, as told by one of our interviewees below, which might be control Furthermore, for programme. aneffectivebe tobacco essential an would smoker average a middle-developed country like Hungary, able being toidentify scocioeconomicthe profile of in Therefore, services. cessation smoking for seek to initiative the taking therefore, and general programme (that lasts for six weeks) are probably those who are more health conscious in made the comment about the clients he received. clients the about comment made the Hungary as Dr. Robert Úrban, a physician who runs a smoking cessation centre in Budapest On the other hand, the scenario female of smoking is notcompletely bleak in everything will come, but they don’t see it… (Fruzsina, social smoker, age 23) F: it’s because they I’mthink young, smoking won’t hurt, my blood inperfect,but in20 years, smoke? to continue contradictory K: So onone hand, people know about the hazards of smoking, but on the other hand, they client who is a pathologist… (Dr. a I had Robert Even well. as Úrban) professionals higher, some also there’re But people. educated middle female. You mean our clients’ socioeconomic status?...... These are mostly er….low and U: It’s a good question, I don’t have this statistics. Ishould have. …..The impression ismore K: And what is the gender ratio of yourclients, proportion between male and female? Yet,cessation structured the attending bear those has inmindthat one to 56 CEU eTD Collection does nothavedoes for tobacco control environment afavourable forthcoming even with ban:this well-informedage andwas not negative impact aboutthe Hungary of respect,smoking.this On cigarette which is the origin of the problem because a lot of them took up the habit at an early social to support smokers,the burden the blameitself, isshifteditof product tothe so a form of addiction and therefore the individual have little control over it. Instead, by offering the behaviour. Stigmatisation on smokers has to be avoided because we understand smoking is works together tohelp smokers the andas quit well preventingas young the people topick up society whole the how is about ban Smoking bans. in smoking tools complementary as essential be to proved beenhasalso support community physicians,from Besidessupport banproviders, the would remainineffective. are motivated by the smoking ban quitto smoking fail to get intoliaison with the right service role as they act asintermediaries between the patients and cessations services. If smokers who It shows a structured smokingban needs alot of social andsupport, physiciansplay do a key following quote: workers are the main sources of social support when the ban is introduced. Consider the Experience from the medical community seems to suggest that the media and health the law, and these social support is especially crucial in cessation attempts. whilewords, havingthe smokingban as whata legalinstrument, therespective are support to smokers, but how can social support be built up to facilitate the particular legislations. In other disadvantaged the of conditions precarious the of we areaware that isnot question The (Dr. Robert Úrban) (Dr. Robert to motivate physicians to referpatients…. couldn’t do muchwork if we only base onphysicians’ referrals…But somehow it’s difficult by physicians. But the problem is that physicians do onreferrals, work not base our refer to we wanted too centre, manyup this we built people, when is problem the so …..but we 57 CEU eTD Collection passive smoking. In short, primary prevention is essentially about early education and general from protected better is public the is successful, prevention primary If habit. the of starting even more important in the long term perspective of the smoking ban. This is because it prevents even is prevention primary health, of right the of status attainable highest the to correspond to and intervention assecondary is characterised service cessation Smoking directions. the point of view of public health, the tobacco control policies can be divided into two 3.1.3 Focus onPrimary Prevention ban. smoking the of implementation right tohealth can be employed togain support for establishing an atmosphere conducive tothe argument the is how artificially. of is herethe created being relevant What extent be certain forreturn future attempts. A favourable social doesenvironment not emerge on its own, butis to has a 6-month follow up servicesinstance, presentsince thechanceforcessation inBudapest relapsevaries. For programme the and individuals who relapsereceived by intend smokers whothe has Thesupport toquit. to becontinuous and sustainable, after quitting are welcome to a basisfurther for expansion with this smoking ban. include thissocial componentinsupport their current counselling andit services might serveas The positive sign is that the existing programme at Dr.at existing programme is the Úrban’sthat The positive sign does cessation centre In short, what has been raised by the medical professionals is the vitality of support hopes and positive attitude that they canquit we express smokingand feel, if they they how want them, to quitting about smoking… cares who somebody is There tothem. listens who Other active ingredient of the pillar is the social support, there is a voice, there’sU: Ok, so the counsellingsomebody has two main active ingredients, details? inmore it one describe is theyou problem-solving..…..could smokers, the help counselling W: the does how And society is still hesitant towards tobacco control, then it’s not good for the centre…(Dr. Robert Úrban) centre…(Dr. the for good it’s not then control, tobacco towards hesitant still is society changing, but theenvironment is not supporting to quitsmoking…the general attitude in the … though Ican personally feel that the situation ischanging, the attitude towards smoking is A final theme about tobacco control policies is the focus on primary prevention. From prevention. primary on focus is the policies control tobacco about theme A final 58 CEU eTD Collection Andi, amom of a young baby. given isan cluesThe following by account there are countries, western of changes. to compared Hungary in issue major a still is teenagers among smoking though Even of negativesmoking. consequences argumentfollows that wouldstrengthenbe to education as partof programmethe aboutthe mightandjudgement a that be information. probably “accurate”lack due to of The apparent Thefocus on because isimportant teenagers they makeare often unable to a current yearsbefore 10 old. in control of assoon as tobacco tostart Hungary,has civil smoking prevention advocate stresses health promotions. Professor Vaci, president of Hungarian Respiratory patients Society and a unavoidable agenda that has to be dealt with. Enforcement 3.1.4 entrenched in the cultural and social norms. social and cultural in the entrenched A brief discussion will be made on enforcement before closing the thesis, since it is an (Andi, mom with a16-month old baby,age 30+) smoke…. doesn’t she I know as soon as in, come to teenagers other invited just walked through it…definitely that’s a new thing that I’veseenfrom my family and well, whichwhen Iwas a teenager, as pressure of peer coursepositive a wecertainly didn’tthat’s Ithink group. have this facebook joining all and they’re thatand wasn’t, smoke’, you trendy if you’re not a smoker. And I have afew cousins, who’s in this group,‘Hey! I don’t …I have a few cousins who’re kind of 14,15 of age.. there is like, a bit of a trend, you’re Vaci)Sandy (Professor young people get addicted it isvery difficultto persuade them to give up their addiction. addicted. To be effective, education needs to happenat avery early age (before age 10). Once youngerpeople in Hungary. Young people tend to smoke as an actof rebellion, then get among is higher ofsmokers percentage The school. elementary early,at start to needs addiction) smoking of development the (preventing prevention smoking that is thing key The it through. To be honest, I would understand them ..(Agota, restaurant owner, age 30+) age owner, restaurant ..(Agota, them understand would I Tohonest, be through. it make couldn’t simply who owners are there I think But inside. smoking more no say would I very seriously, it take I would done, is law If the very seriously. it I take me, example, For A: don’t… K: So you mentioned there are restaurant owners who take the law seriously and those who Social changes often take a lot of time and especially smoking is a habit deeply 59 CEU eTD Collection smoke-free regime beachieved. regime smoke-free these problems? Only if ad hocthese situations could besolved can a genuine differenttactics to avoid complying to the smoking ban, how can the state respond to be main obstacles for the smoking ban, for example, the catering business might use would andthese legislations new emergefrom conditions unforeseen earlier, are there Andi worries the law would be ineffective, as in the example of Greece. As raised and ventilation the improve to place the renovating afford to be able not might owners officers whoare executing the orders. For instance, Agota mentions some restaurant the actual enforcement of particular legal clause would depend very much on the Nevertheless, legislations. for boundaries macro some drawing for is helpful thesis this in whichhad been rights discussed of The assessment on enforcement. authorities the someone smoking…(Andi, mom with a 16-monthold baby, 30+) age me, non-smokers to put pressure on you know, on other people, so I tell peoplepeople. off if …youI see know, Itry not to kick people off...but I think it has to come fromheard that people it’s like totally not working. There, smoking is a huge problem.. it has to come from the introduce the law and the legislation, but if they don’t put it into force, like inGreece,pressure that I’vehas to come from, you know, peer the it’s it people, onone thing pressure put that don’t you youbut if do, know, people some it’s Imean, it? reallyenforce nice to L: Um…you know the law that you can’t smoke on public transport…but again, how do they Agota and Andi’s comments revealfundamental some faced challenges by 60 CEU eTD Collection is for this reason thatlaw has tobe supplemented by like informationtools, other exhortation It andenforcement. theinterpretations in concerning certain particular degree of arbitrariness, a involves which instrument an is Law thesis. the of section final inthe illustrated been have assessment of inrights legal policy is insightful,many practical arequestions still left open and aware of their own rights, in publicthis case, deliberation. the public is ‘forced Howis of learned importance the public,alesson the interviewswith the this,In addition through to can to a bestate right-holders’. protect its necessary,While are ban, made? decisions whatground these in on smoking currentHungarian as the citizens’ this rights whilealways present and it is a question thethat has to be handled with caution. Whenpublic compromises are is non-smokers) is of health to right not (the benefits collective even and privacy) and liberty (smokers’ individual between tension the analysis, above in the Asshown out. iscarried policy the initiated purposes,were from butthe good unintended consequences canbe detrimental when manyis policies doubt that no There public actions. state of paternalism of picture is the greater control in tobacco rights of assessment the from revealed coin, the of side other the On notion. worldcontemporary but oreven arefewon there potential misuse reflections the the of disputes in the applied frequently been has language The rights. various the of relationships importantly,couldin More result conflicts. is had beendemonstrated what theintertwined is claims the how of aremadein providedaccount andhowthese rights elucidating claims andintroducing notion the of rights. Then by examining different the scenarios and an actors, Chapter 4:Conclusion Toconclude, by thesis started this discussing epidemicin the smoking Hungary 61 CEU eTD Collection enforced can be fully assessed after the law force. the into come befully after enforced can assessed and implemented be law can the extent what to and balanced be shall rights actors’ different empirically valid. empirically health can ignore the problem of rights, particularly demonstrated by the conflicts of rights are first step to show researchesthat onrights need notbe purely northeoretical study on public to be expressed. Although the sample size of the current thesis is small,it nevertheless marks a voice of the stakeholders aswell allowing the disciplines integrate the as three to tries this thesis studies. Recalling the problem mutual of understandingin researchesthe of control,tobacco legal and righthealth,combinepublic attemptto an as startedLastly,thesis the essential. unlikely resolveto these disputes limitationsand recognisingthe andboundaries law is of is laws whatismore might solution? benefits, the Making suchasliberty andvalues, collective by other confronted is directly it when one, important only the not but society human in value andbuilding social support, to producea balanced policy outcome. The Hungarian smoking legislation will be effective on 1 on be effective will legislation smoking Hungarian The 62 Individual is acorerights st January January 2012, how CEU eTD Collection to the EU criteria. EU to the conformed andthey are EU tothe areaccepted data the Therefore, EU. the of recommendations J: Yes, CSOprovidesthe the data and since 2004,ourdata are calculated using the Survey? Health for European the W: data CSOprovide the the Does units of calculation. accepted internationally by andthen households, of usingper capital alcohol consumption and tobacco, certain wehave fact sheet), the statistical year youthe canfind book(because data consumption the on statistics, where health you on can book a find many publishes valuable CSO data, the in year a every regional And contextsystem. and with collecting time terms.data In is regular there interview andsurvey, this health health. Besides status between socioeconomic relationship J: No no no,in Hungary? weannually out carried have survey health W: the Is a national health mortality. survey and morbidity on also thatbut startedinstitutions of utilisation on data collecting lasthealth, also, and yearunemployment and pensions (2009).including For instance,office has responsibility collecting, publishing analysing and dataon economy, social things, the Administration. This relationship is infact has noinfluence oneveryday of work office.the The Public of Ministry the under changes the of because moment at the authority juridical the under it’s anoffice, administration, of central the been part had always Office Statistical The Central health statistics. is collecting J: TheCentral OfficeStatistics oneof (CSO) institutions main the J: Dr. Józan Péter W-Winne Ko and public health policy in Hungary Focus of interview: Statistics Health on Smoking Prevalence intheHungarian population Central Statistical Office HungarianPublic Health Association Professor Péter Józan 1) 17 restaurantand owners on the non-smokers implementation smokers, of tobacco controlresearchers, in medical Hungary. with conducted been have Interviews Interviews conducted inBudapest, Hungary for any errors. sole responsibility bearsthe writer the available, herewhen arepresented transcripts Full ensure accuracies. has madeTranscripts to been effort Interview areincluded andinAll interview collected responses written transcripts every this appendix, A: Appendix Appendices th March 63 CEU eTD Collection streets. male.than is smoke attheworkplace, Sinceand it forbidden to smoke they on the out come more young female smoke than young men, especially in services, probably more female work probably street, men onthe as a women. for for Andalso increases andpersonal experience we in have one data, has lung highest (Hungary) of mortality the rates cancer, butitstagnates of the stagnation in male, so there is an increase in female smoking. If we look at the mortality of course as in every country, more male than female smoke. But you know the trend, because many there’re so in changes society andand politics structures methods.and Butwhatcan I say interview, then also in 2003 andAnd not 2010. Iam sure that they are comparable because J: Well, health years20 forthe Iwasresponsible almost because ago, this isa question difficult various questionnaires and surveys. Doyou findit acceptable? W: There is an estimation of thearound sample. And within the settlements, the sample is random. 10% in are settlements of type important the all deviationthat certified was it first At sample. random certified about Soit’s a population. million a10 within 5,000, than more bit alittle was size thesample last J: The number of smokersW: How big is the sample size of the data? based on and sex, and age by it data. demographic calculate To smoker? a be to cease you did when smoker, a been have you J: By survey, healthinterview survey, the you a are smoker?current youHave been a smoker? If W: You mentioned the morbidity, the number of smoking population and CSO. the directorates/offices decentralised our labourless between force, andtheuseof countryside, connection dueto expensive, electronic inmany. the weretoo aredecentralized, there considered procedures statistical Certain was anymore.It 19 county not offices, but wehave prevailed, system county earlierthe when J: They have –calledThere areseven so including directorate. central regions, the Budapest, W: How is the health statistics done in the regions? which are relevant from the point of view of social stratification. education youcanfindon data datasheet, statistical in And death the datasheet. statistical death so-called attainment,satisfiedbeen hasn’t CSO Hungarian on the traditionally But employment standard, WHO the of withrecommendation the which status, usesthe birth. Also, thedates anddata, certificate death of death the two findthe which you can is requested family in certificate, from death calculatedthe data the sex, to according for age, of deaths number asstatus, a minimum statistics,domiciles, requirement our morbiditybut ofand course,by alsostatisticsthe some WHO. aggregate data for populationsthe and certain have some techniques tocontrol are reliabilitythe data,the of aremoreThere reliable reliable isdata fairlyhave been traditionally reliable, asmuch services be.Westatistical can keep theand the and I maysome sayare fairlylessreally.J: Not country, of the development the methods to Hungarian statistical the Comparing reliable. accurate. But So W:comingwe Is there a big differenceknow in the statistical methodsback theused by the EU and the CSO? to health 64 CEU eTD Collection J: Fashion. Especially the tobacco industry is very clever in advertising, ‘if you want to be a young, to trendy want you woman‘if in the society,in advertising, then you clever smoke Camel’very is industry tobacco the Especially Fashion. J: W: Do you have idea why this is so? J: Yes, Teenagers… is aproblem. this W: You increasein youngfemale of smoker… mentioned trend the 30 years they agothat work, atdrinknot but even anywhere. common it was work, day at the during beer. not drink with day do They the finished and spirits construction industry,migrant workers from countryside,the they dayby the started drinking andbeer, butnot exclusively any of them.workers But with low skills,like thoseworkingin the less wine because wine is much more expensive. So upper middle class, they use differentwine as youngmen, there’s teenagers, alsopeerpressure.They drink Hungarian spiritand beer, much semi-skilled workers, general labourers, with low education attainment, and they start to drink mainly unskilled and the becauseamong isa different alcoholic enjoyment, problem It’s a alcoholic. always not are smokers but smokers, practically are alcoholic are who J: Those W: Do you observe a linkage between smoking alcohol, and other behaviour? in situation the Hungary. chain-smokers, Italians smoke alot, alsoFrench males have stronger I cigarettes, don’tknow were Japanese abroad: I observe What Britain Great in doctors the But know. don’t I J: W:is There highsmoking prevalence among Hungarian physicians. no longer trendy to be a smoker. But first of all, cigarettes are extremely expensive. marketing, eating healthy don’tfood, do something that’s unhealthy, promotion, doing physical health of activity, it’simpact be the might reason One phenomenon. multicultural a It’s J: W: What are your speculations for the stagnation in the growth of number of smokers? little.over, ita down stagnates, then itcomes is large Imay very smoking. say increaseinsmoking the So restrict tobacco that legislation that UK,in FranceItaly, the andalso countries, is andSpain, amuchthere recently serious better, for howthe situation especiallyfor Scandinavian the on the to change experience get the all and institutes have overEurope,in similar they with connections order tochange used,to the J: Well,is an there institute, which is a background institute, institutethe of health promotion, W: When you are presented with different data, how can you deal with it? is tax. tobacco ofthestate money legislations to restrict smoking in public places and one of the most reliable andministry of is part for responsible health. the And also, the Parliament discuss used to sources of making Resources, of National Ministry the but Health, we don’tof Ministry have the structure, current responsibilitythe of ministry,the is which responsible for health the of population.the Inthe viewpoint of ofhealth policy,we recommend what be useful,to butalso successful. Butthis is J: No, this is not our responsibility. Of course when we interpret the data, we say thatfrom the W: Do CSO do any policy recommendations? 65 CEU eTD Collection know also I again, but certain smoke, them of some at home, circle, in a certain gather but they laptop, the on work they when or alone they’re when smoke don’t usually who females, again people, circles,some I know often. quite smoke everyday,they smoke if don’t they even smokers, causal they’re J: If that for example. W: alot I can inuniversities, are there of smokers observe But the houseJ: Notanymore. ownerW: Isit aform of socializing to be a smoker? would say ‘Pleaseespecially young well-educated people definitely smoke lessthan 20, 30 years ago. people, Well-educated drinking. of field is inthe this isall, of first tosay J: Well,I wanted what don’t smokeheavy smokers? be can people successful that given society isinthe mentality here’. this you think do W: strong How In my Youmoney-oriented. is competition. afairly becausethere needtough health means because ifyou health successful, conscious, aresick,you cannot be material or people are more and more achievement, at least money-oriented, and to make money and to be rate unemploymentand people may lose theirjobs. Not only butcertainly well-educated, the firms,lackis andgeneral the there private they don’t tolerate of nowthe since discipline, losing their jobs. For that reason,officially no unemployment. discipline And since there was no unemployment, people werewas not afraid of very weakitwas aclosed society. and was regime, wasnomigration there There socio-political earlier at firms. But now the firms are ishabits, probably there achangein because wehave now a differentlabour During market. the in increase.But not the drinking definitely isyou, I’ve already told that ischange, what there are a very risky business. In Tobacco, there is no striking change. Imean in smoking.if And time-terms of comparisons so these Iam afraid different was Everything system. price different in Hungarian change total the compare, to you want If comparable. is really it not ToJ: short, along story put society andW: Isitpossible compare to statistics in 80s and 1970s,the what the presentday? was the way of livesJ: Itis huge, butIdon’t know, it’s20, enormously high. 30 yearsW: Yesago, yes yes it was J: Whatmean?do you The proportion a of taxation? completelyfor the taxations? W:tobacco statistics you haveany Do import. illegal of amount the estimate to impossible is even it CSO, for and police border the and police the of competence is the But this andspirits. tobacco imports, illegal important two are J: There W:you Do have smuggling anyinformation in cigarette concerning Hungary? was a state-owned industry, out-of-date, and this was part of the privatisation process. happened not only in fieldof the industry,tobacco butin every branch of industry. Becauseit J: Infact foreign the companiestobacco boughttheHungarian industry.tobacco Butthis W: A foreignlot of companiestobacco cameinto Hungary after transitionthe in 1989… 66 CEU eTD Collection are very are very explanation ifconvincing dependencehad been developed, it’s extremely to difficult J: It’s not cheap, but still from a psychological point of view, physiological point of view, thereW:mentioned Butyou it’s not cheap… the state rich so Idon’tsmoke. prices, sooner or later you started it again, veryJ: few peopleThere say that well, I don’tare want to maketax? researches W:(that Do you observe show) a strong influence certain on the smoking habitaddictive causedJ: Yes,many times by an increase thingsin tobacco alot… W: quite had increased been tax Thetobacco only temporarily by Spain. Catholic in Roman changes in But it is a simplistic answer. Itis true that suicide is stigmatised, as itis stigmatized people are Roman Catholics. even Chauvinists, more Protestants, andmuch farms, isolated in farms, strata, you go to library, you may stay forthere years andread it. Suicidal behaviour of certain social if books, and many publications andso time of you needalot in it, interested J: Well, are if you W: for that? any there Is reason country. J: Yes, itis true that the male has a high suicide rate, especially in the south-eastern part of the W: For many years, the Hungarian male has a very high suicide rate… of doing surveys andbehaviour. accurate when you readsomething after astudy or polls by Gallup orfirms, which is in fieldthe I’m notsure Hungariansthe aremore pessimistic than Russians.the is It always not and reliable it’sindependence, a long history. more Butthen lost thanonehand, year started Hungarian the our Kingdom we was ago. thousand other the on And (…) it’s relatively country, independence an and situation, geo-political either were they east, and thesouth the In Turks, Empire. German large Russians, the or Hapsburg the either inGermans, the the 13been always have they west the on history, during I mean neighbours, the and country J: Well, this pessimism, I don’t smokingto is bad forsay, you, especially for the little ones andbut the old. People don’tthis care too much. isin such a physical, itis psycho-environment, extremely difficultto tell a peoplethe indirect that national endowment. in householdstechniques and useout-of-date or winter. pollution air Carsareold (5-10years), Hungary is environmental policy needs two moneythings, determination,motivation.and a Socleanliness small J: Yes, but this is at verythe beginning. And environmental policy is fairly weak. A good W: How do you view the health promotions on ‘passive smoking’? situation. difficult apartment, neithermy norwife me smoke, when people visitus, they smoke.don’t It’s not a th century, the Tartars. Sodo to something to the opposite 67 CEU eTD Collection J: You know, probably it’sstrict too for thosemiddle-aged andold people, whoareaddicted to W: Do you consider it to be too strict? J: Forthelong runprobably. big effectchangingon people’s attitude? behaviour or W: One final question. The Parliament is debating the smoking ban, do you think it will have a females. the than younger nineyears eight, die but they them), of (many behealthy to males seem is that case the countries, developed very in the But Africa. sub-Saharan the as such and area in rural women, of J: Yes, weakempowerment is becauseof itthe countries, in much lessdeveloped certain correlations…. some has health of W: self-assessment this So live longer. But this aHungarian. isnot they males,but than lesshealthy themselves females consider that Except of real the situation. J: This is the result of a very long, internationally accepted experience, itis a reliable predictor W: Whatis thelogic behindthis question? J: Healthy, very healthy, etc satisfactory, feeling uncomfortable W: survey arequestionnaires that view peopleThere how on theirsubjectively… health be healthier.to themselves life they and consider expectancy longerhave more money, who Those havehigher education, aredifferent. details they are healthier, they the but world, the of rest in the as same very is large, byand Hungary in observe you What J: and health conditions? the status socioeconomic between observations W: are health And whatgeneral from your ofthe experience statistics, with dealing affairs. internal of ministry and policy the of responsibility is the statistics criminal or bank national by the compiled are statistics financial ) mean viral special by is statistics or institutions.produced certain Forinstance,(butitis business, not our I epidemics Flu epidemics. of centre national I guessdiseases.at least But 85-90% that by statistics of areproduced our or very CSO,butthe institute national the of responsibility is the it flu epidemics, instance, for epidemic, on statistics certain instance, for Well,J: W: Apart from the Ministry of Health, are there any other institutions that work with the CSO? times. winter in even entrance, the females youa hospital, at seeinsmoke when you courtyard, goto the told this that is forunhealthy the baby, someof them, then nottoomany, abruptly.they’re stop and But a baby expect they when mother young that happened Sometimes J: Yes,continue. W: And then they would? J: Teenageyears. W:Within population,normallythe how young dopeople pick up smoking? Teenage years or? J: Both, peerpressure andfashion, they handingo hand. W: Ingeneral peoplehow do pick upsmoking? itIs peerpressure fashion? or change it. Usually people can’t do it alone, they need some professional help. 68 CEU eTD Collection smoke. whocan smokers the for corner is asmall there non-smokers, is for the space bigger the usually sit,we want and to do and askeduswhere a waiter the intorestaurant whenwego instance, or a sweet shop,smoking. It is theynot strict to those people who are not. haveAnd if they are young, go into a restauranta right to expect I don’t want to be an indirect smoker. And for 69 CEU eTD Collection smoking-related diseases. And there’re also people who want to quitwantbecauseAnd of smoking diseases. also people who there’re to smoking-related cancer, and They reasons. maybe people, sufferingfrom are older they’re health such aseven problems, this typeU: My impression ishere that is there a large group wants that quitsmokingto dueto health of issue,been smokingfor 10,15 years? they yourK:according experience,getpeople So to to quitare how to smoking motivated having after a large group of companiesit’s buttobacco (easiertospeakthrough businesses) cateringthe our clients are promoted by companies. it’srestaurants So tobacco easy not speakagainst law the to by and theyU: I thinksuffers mainlyrestaurants? fromtobaccoyouK: referred thelobbying So whoare they? to Are companies groups, they and tobacco companies. And that’slaw andwasn’t successful push. enough to my impression. AndParliament. thisis time the farthestwe could get andI think there’slobbying against the the I don’t several years agowe tried topush knowthis law(in 2007),but they didn’teven intoget the by Because fact point. passthis which time, inthis that Imean andeven times aseveral It happened U: that it for today. gonnavote they news,are not andso checking the K: Yeah, Iwasa little bit I disappointed, thought they wouldhave it, voted (for) I waited and deadline,it? you heard have about U: Butyou seebe this smokingban seem eluded.They to thatthey announce change the support ? K: But there’stime. for foundation, other the support,maybe other itsupport. But governmentis very difficultin this smoking then we aregoing how toface because theproblem about look youto financethis needcentre to ban activity in 2009and inSeptember we we stillstarted 2010. So have themoney for this year,coming, and U: Quite new,and wehadoneset year to upthis center,so was2009.Sowe that started our so maybeK: Soit’s quite new. (the we started before,to work but officially from January we worked 2010. government)U: When was it? It’s a question.good We haveitthis year, last year. We since, worked officially willK: And when was it? givefrom this foundation. Weyou got the money and we built upthis centre. someand support,it’s wegotthe first(an the time that organisation)from support the Hungary got has afoundation thiswhich supports type of activity.anti-tobacco we applied the for So grant U: Weapply for decided to for this agrant center. And Pfizer, pharmaceutical company, the also Úrban U: Robert Ko Winne K: Focus of the interview: efforts inhelping smokers quitsmoking Leader of the only smoking cessation center in Hungary Professor Robert Úrban ,Psychologist 2) 17 th March 70 CEU eTD Collection acknowledge theharmful effects of smoking. Andifyou’re a physician and asmoker, it’d be physicians themselves. Iwouldit as consider unusual because physicians themselves K:look Actually intoI statistics, the itis striking there is ahigh that smoking prevalence among referral system. But somehow it’s difficultmotivate to physicians to refer patients. bill-board advertising, because bill-board advertising is not very whatuseful. is So useful is the didn’tplan because communication costs we didn’twant tospend huge money amount of on if we onlybase on physicians’ referral, that’s whywe started means.other Butin budget, we our But the problem is thatphysicians donot refer toomany sowecouldn’tpeople, do much work isproblem when we builtup this we centre, wanted to base ourwork on referrals, by physicians. where people live together. know you And we monitoring, started many family with these shows types of communication reality and comic means,example but for the means, communication smokingis whenyou quitsmokingbefore 35.Sothat’s quite ()Whatdo wetry isto touse quitting of benefit) highest (the best the that science the from know you as yes, Yeah yeah U: peoples’ are already bodies heavily by damaged tobacco. the youK: have Do plans start the(campaign) to young targeting at during people? age, Because old see don’t people. the we in might mean but group, hardly people, the be young some Sowe see. I there damages. the U: Yes, itis perceive danger, they the very feel in don’t don’tbodies, they difficult, probably the encourage younger people,in their 20s,30stoquit smoking? K: Soyou mentioned alot of participantsthe are in their older ages, so is itmore difficult to all world. are used the methods over that evidence-based ,that’sthe usethose we strive to the, and then setting aquitdate.for Preparing quitthe And date. thequit after wework date, with for quit Sodate. preparation It sessions these starts arehighly with structured. motivations, the U: We very ininternational literature, basic, are published guidelines apply those that K: And how are the six sessions structured? How do you assist people in quit smoking? quitthe rate is70%. about programme, 6-month the finish who those for So group. the endof atthe rate quite higher even weseean whostay in group the Sothose inbeginning. out 5(people)the 4 drop or that will a large Sowe drop-out. don’t a start group when 15orfewer weknow there’re people. Because who those or out drop who those are doesn’tThere really start. In thesessions. group,6 those who the remain,all of course whenfinish we startwho the group, therethose is among is this but have 6sessions, sowe observe approximately a 40%success inrate 6 months. Soit’s quite good, U: Of butcourse, you know, here who that those participate in a full session,counseling we weeks? a chance 2-3 relapsing of after is isit there very by centre, K: in run the since experience difficult Andfrom programme the the main reasons. mentioned that besides my health,it’s also (because of) the money and that’s all. These are the because reasons), (financial is that issue primary the that obvious always It’s not reasons. financial it is very easy to say I quit smoking because of my health. But somehow they 71 CEU eTD Collection ban), because the government doesn’t, you already have this regulation you know, no smoking K: Yes yes, Imanage to talk to one of them, and he told me it’s about the enforcement (of the we need todiscuss thing is the other The physicians’ country. the about attitude. Did youimpression manage to talk with subjective other very doctors?my That’s learn. to Hungarians it’ssometimes andfor difficultothers, on impact have an do what they learn that to have people (smoking) ban,it’s about secondary smoking, exposure smoke.to tobacco And that’s why actually, do notsee complexity they the behaviour.the of So now when we try to promote this mightU: It be argument. agood I think country this that and peopleselfish, the arequite control tobacco policy? Doyou thinkit’s applicable toHungary? K:you Do it’sthink agood idea topromote ideathe of ‘damages of passive smoking’ in the it’sthen good (Iguess). for thecentre not inflow,--clients in ifis control, hesitanttobacco but thegeneral society still towards the attitude smoking,quit andthat’s problem.our Because wehave this centre, andwe need patients changing, attitude the towards smokingis is changing, but environmentthe is not supporting situation to the that feel personally can I though so And replacement. nicotine about TV smoking,about maybe activity the by There’re only on government. the advertisements some weface Then problem the there’sthat there’scommunication, communication nofar. enough not that reach to government, new this manage could colleague our how know don’t I country, U: The problem is thatwe still havedon’t devotion strong towards controltobacco in this in Hungary? policies tobacco current the about opinion your is what K: And U: isThe impression more female. couldK: It be justanimpression. U: It’s a good question, Idon’t have this statistics. Ishould have. K: Andis what thegender your ratio of clients, proportion between male andfemale? professionals as well. Even I had a client who is a pathologist, she ….. U: These aremostly and middleer….low people. educated some also Butthere’re higher, K: Yeah yeahyeah. U: You mean our clients’ socioeconomic status? K: Yes,background? whatkind or or occupation of U: Age? smoking? K:from And coming clients the tothecentre,you did findhow firstpeople out take up smoking.quite statistics. But that’s for health data Checkthe amongis physicians. slowly itbecause changing are statistics true, if a physicianU: Actually I don’tknow where smokes, do you find anystatistics? It(depends on) howthe old the then it’s veryunderstand situation? this difficult to advisedifficult persuadeyour patientto quitto becausesmoking Howdo impact. health of you the client to 72 CEU eTD Collection clients who are obviously intoxicated, sowecouldn’t whoclients intoxicated, are obviously withwork freethem from they are until wehave Sometimes necessary not are alcoholic. smokers, who’re those smokers, they’re that U: Not necessary,yes, of course I think that’s true that those who are alcoholic, it’s very likely smoker, but a smoker is not necessarily an alcoholic. isa isalcoholic me heeveryone and told a statistician, actually to Italked Because alcohol? and smoking between correlation the do you observe but a it’sside question, maybe just K: Ok, my business. I think Hungary has one of mostthe individualistic culture. U: Yes, (W: So they’d say I want to die...) they sayit’swould my business. If I want to die, that’s K: So it would be very difficult to tell people, you know, you shouldU: I thinkcare itabout belongs to theothers… individualistic culture, it is a very individualistic culture. K: Isthis something specialabout country?this Or? I think that’shealth. acharacteristic quite U: My impression is that it is my business, even a politician can say I have the right to ruin my perception towards smoking? K:how do In general, the Hungarians view an as activity and behavior, whatis the public advantages of this centre, in the survey and in the discussion. doing and centre the about positive say anything to is easy it But attitude. possible very a thewe received job.and among the possible clients. We Sodid both quantitative and qualitative surveys, what we got,aboutU: Yeah, with westarted a survey among physicians, wedidfocus groups, among physicians whatandare what their do views? How view this kind of… physicians, other with idea the physicians discussed have might you centre, up this set first you When K: can they doactually quit, they get it quite easily.and When we set a quit date, there’s always a delay…. Ididn’tcannotsymptoms, notice any very very withdrawal serious so symptoms, that’s …. But when that’s themost difficultpart. Actually in my Ididn’tpractice, verynote do, serious withdrawal whatlastfewquit the cigarette, up aquitsetdate, to lastthat’s to few cigarette, that the difficult, theyis experience my personal But staff). (the ask you may Animia client, to from client It varies U: perceiveK: And among your patients, what is the most difficult part when they try to quit smoking? the another country, not in this country..(W: but not in Hungary) other countries, doctorget paid pretty well…)yes, actually being adoctor is a pretty good job in of Iwasvery whencountries, learnshocked I by salary the received here,usually in physicians alot to compared mean (W: yes… I very high)…yes isnot salary their (W: think andI to.. time things, (yeh)so they have ahigh number of patients they have butto treat, they don’tgive all the smokingbecause they are reimbursed Iguess...ok, wecan regarding understand they have todomany intervention basic the even perform not do physicians the of majority but all, not enforce law….that’sgoing the to me, theproblem. problem is physiciansother er….not The that make thislaw,but they providedon’t who’s resources, implement going to lawthe they who’s and even or this, for speaking in here even emphasise…that to want I what Yeah…that’s U: you know,do this to special policy… itdoesn’t resources, institutionsin andpublicplaces,but seem devote public government the 73 CEU eTD Collection smoker. Is it easier for less heavy smoker to quit? W:like heavysmoker, Isthere asubstantial between difference, chain smoker, heavy andless in middle, somewhere or the second third week. U: So programmethis is weuseheretakes sixweeks, quitthe date butup usually set K: So how long does it take on average for a client to quit smoking, amonth or? just towrite down how many cigarettes they smoke a day,it works. written down. But this works for some people, andwrite doesn’t down how work many for some.cigarettes to have But they means ifwhich a day, diaries, wesmoking do askthey methods, themanddiary use also evenAnd we changes. it a weekly diary that every cigarette so how should they can there’srate, zero, quit aclear the and after theirrate, smoking decrease to start be that’sbecause feedback client, how a they feedback for the very easy feedback, philological smokingif they want toquitting smoking. And of course are there some other techniques, and they feel,that they positivecan hopes quitcares about attitude them, weexpress how and who is somebody There them. to listens who there’sis somebody avoice, there support, social how to solve craving and problem the related to stress. active Other ingredient of pillarthe is the would in they situations do thatthose they used tosmoke before,how to solve this problem, aswhat such smoking), to related problems course (of problems, solve to how told are smokers U: Ok,so counselling the hastwomainingredients, active is one the problem-solving, the that K: And how does counselling help the smokers, couldyou describein it more details? a counsellor can help them,first they have to quit on their own. thefor smokers isdon’treally smokers.that how Becausesometimes very attractive understand for If free, medication smokers. they get would to U: That bemore attractive andmore effective, effective? K: Butfrom your opinion, would adding pharmaceutical maketherapy the counselling more States and the UK, they provide these drugs, even for free, but we couldn’t doit here. promote them. Andthat’s one of difficultiesour becausein countries,other such as United Varenicline even Champix, or or therapies if and replacement, aboutto know wants nicotine even medications medication, someone 62 61 promote Champix promote provide pharmaceutical contractwith In our treatment. Pfizerthe Foundation, wearenotto best, produce the they treatment….Weresult.together pharmaceutical bestproduce the don’t U: Ok,you know, in evidence,the guidelines the say thecombinationthat of counseling and medication? takepills or have to K: And they’re trying quitsmoking, to from apart these groups and small communities, dothey alcohol. of influence the amedicationfor smoking addiction amedicationfor smoking addiction 61 , so this is in our contract. Of course we have to mention there are 62 74 , of course we provide information, but we don’t CEU eTD Collection discussions initiated at the grass-root levels. 63 K: But do you do K:it’sthink But cigarette, askpeople totakethe firstnot to government for effective the media is our way to promote because we don’t spend money on promotion.that’s the earnedmedia U: Ohwe wouldloveBecause if more. there’s wehave Because publicdiscussion, clients. Hungary? K:And doyou think there’s enough publicsmoking discussion about in control andtobacco U: Yes,back. come they can K: if backAnd canthey fail? come they after quitmeasure 6months.rates the we and that after month is one there long…) is 6-weeks programme U: Yes, (W: the So months six K: youAnd provide do follow-up they after smoking? quit here)to call mobile phones on we have to pay our bill.And smokers usually use mobile phones. (W: Yes,it’s quite expensive it’sBecause expensive quite torun callthe because wecall centre, …now. wecall them, so find smokers, the to challenge main our That’s that. about positive and optimistic that not am The problem is how long we (will) exist, this is a problem of money and the foundation. And I let justexistence topic, weexistI that this itsmoking. think about to thediscussion contributes U: Sofirstisstrategy toexist, andwefrequently for themedia interviews give just people, our you thinkyou candoin and future the what are majorthe problemshave you todeal with? howK: So successful youdo think this is, centre running after for ayear so…What or else do telephone in counselling group. the U: Sometimes, not frequently,but sometimes ithappened. It may more happen in often the come over? to friends further bring they will successfully, smoking quit who clients your among And K: biology, psychology and even sociology that many factors are at work here. stressed in daily life. And we don’tpush these people, they have lost theirjobs…So I thinkit’s U: I think many factors influence it, but Isee difficultthe to quitsmoking whensomeone is motivation? people toquitsmoking,is itbecause of biologicalthe moreeffect or due to psychological the K: Andyou had psychological counselling. Sofrom your perspective, why itis sodifficultfor characteristics. personal values, personal andmore difficulty,effects, issues, more by Butthat relapse. is very personal muchinfluenced aday.cigarettes varies.So it We more whohave withdrawal more smoke might those that know hand, Ihad clients who smoke afew cigarettes a day and hecouldn’tquit he that, smokes 4 clientwhosmokes alot, she quits smoking very successfully, Iwasamazed. and On otherthe smokersgroup whosmoke 10packs of cigarettes a day.you know, But itvaries alot. I have a U: No,usually heavy smokers aredifficult, eventhey don’tcome here.We couldn’tsee in the Earned media refers to publicity gained via promotional efforts other than advertising, especially through 63 , you know the concept earned-media? (W:earned-media? yeah)yeah earned The concept , you knowthe 75 CEU eTD Collection U: Yes, okay, I think the problem is that these websites..I don’t know the degree of reach to the to reach of degree the know don’t websites..I these that is U: Yes, problem the okay,think I K: Yes, Ichecked their websites, they have these fancy photos, different age groups… any? U: there Are effective? K: There’re someeducational school for kids aswell,programmes you do think they’re I suspect that is theproblem here,don’t I know…um…I think there’s nounified political … are afraid that they’ll lose the money. (W: the revenue), yes the revenue. income levelkeep they country, the that the to of have the of products, taxation, they tobacco from get can they money the maybe consider, they that issues other have they that suspect I U: Idon’tknow, itwas very promising inthebeginning,butnow they have shifted the decision, in determination policy? tobacco enforcing K:you’re Iknow notreally intopolitics, butdoyouthink the governmentdoesn’thave a real last.. it will long how know don’t we but gonna enforce it. Practically anyone…and people can easily..ok, sometimes it forworks awhile, U: Yes if amount fine, it’s then yes,the of you about talk they’re how amatter of question smoking banon public transport points and the fine is 50,000HUF… K:And doyou think the penalty for smokingis highenough, because now they introduced the who for haveeven those alow readinglevel. is for everyone, thisof good course type issue,andof this discussion warning picture about somehow special. wouldthat be But agoodstep, agoodfurther step to further encourage it, but we don’tU: They introduce plan to this warning picture on theis packages.There always about adebate know aboutK: Andyou do it’dthink helpif images they put onpackages? how it affects the Hungariannot to smoke, (W: It’s very cheap), it’s so cheap, the taxation is not highsmokers. enough. have psychological in training English, and hetold me thatin Hungary,it’s difficultin Hungary Hungarianinternational studies. Ihave a student, a Germansmokers student, because I teach at university. And we U: It’s not high areenough, still, Ithink the taxation is a very good tool to reduce in tobacco K: And actually I think the taxation of tobacco in Hungary is actually quite high, 56, 57%... things. of sort youimportance, know MPower, this monitoring, providinginformation about risks, warning, have, but they’re funded by government.the Of course this is not only,the butthisis onemain them , Iknow financed some colleaguesthey in these centres, types of centres, Idon’tcessation knowsmoking how many up centres, built they they other, have might they true, That’s U: much better. now butthey’re performing (than Hungary), rate a highersmoking K: Well, Iwas a little bit surprised, because Poland in the 1990s used to have a similar, or even by WHO? the youDo knowMPower, are important. Um…yes, the publication prevention both work. tobacco the in Hungary, neglected is also work prevention the important, are both I think Both, U: (U: arh, the prevention..), yes 76 CEU eTD Collection usual usual if more increaseargument, tobaccowould taxation, the bethey smuggled. because smuggling tobacco is issue another andthetaxation should beincreased. Butthat’s the smuggling wouldincrease…ButI don’ttaxation, the it’stobacco think argument a good U: Yes, increase the control…If they argument tobacco is is the this that another against K:you heard thetobaccosmuggling? Have anything about .. andinfluence curtain U: Idon’tknow, because it’s asmall country, and companies the bigtobacco mightbehind the youK: Doit’sthink becauseof companies? tobacco the EU… in the trends the follow they are…that they European how show really can they that thing the behind curtain. the AndI’m betweenreally that sorry governmentthis cannot be proud of, it’s now..because not very not U: I’m optimistic..but optimistic…I Idon’t was see whathappens you? are optimistic how legislation, new the about debate this with is that question final K: The medicalonly aboutthe parts. think can they then involved, are if and physicians thinking, of models different U:A resources, of lot lotit of resources? requires a K:because it Is primary prevention wouldbe animportantissue but they reallydon’t it.care about ….promotingabout isjust health not afurther preventing deterioration of health.It’s not Sothe prevention. it’s secondary prevention, primary not they’re but well, as important if you screen more people,you find more sick people…Cholesterol level and others,they are primary prevention. Andof course screeningis by promoted as pharmaceuticals well, because screening. So they have many screening isthat secondary prevention, and they don’thave Becausepoint. bad physicians can think of very inonly medical terms very of models, a they focus mainly that’s on physicians, by designed is promotion health think that..I say can um…I is promotion here..health problem the but food, with do healthy to try taxation, of they form what some now again obesity, issue Um…the have. don’t we now but before, politics alcohol had You can yesdo Palinkahome),(W: at yes, sothat’s Sothere’s everything. freedom noalcohol politics. We the have you announced government the even and alcoholism, of indicator is an issues. Alcohol is foremost neglected, we have high rates of mortality from tuberculosis, which And none of this is curbed, Iam not aware issue. of any goodprevention programme third targeting these the now is Obesity obesity. and tobacco alcohol, issues, main three have we So U: tobacco control, but alcohol, drugs… inK: But how doyougeneral healththink about inpromotion Hungary,justmaybe not about emphasis) (with effectively it they don’tknow how to do it. (W: They were not trained) Yes, they were not trained how todo not financial, have thatthey don’t resources, Sometimes complain teachers for that. resources prevention stuff in don’tschool….I know…it’s notsystematic, it’s not supported, there’s no U: I nothink oneknows what that happen now in school regarding smoking. Sometimes Ido K: Butdo they include educationin schools? in Hungary. programme aware of education Iam anysystematic not target..because 77 CEU eTD Collection realised that actually realisedhappened,like thatactually nothing actually that they thefound opposite, quite a yearsso, you ago, know, they have the same problem, public freaking but the was out, then they other country, I mean, I witnessedonce they turn ininto non-smoking,the UK theywhen lose half theyof their introducedcustomers basically.you know there’s It’sstill thea lotof just peoplelaw smoking. like And theany issuethere, is these places they’re a afraidcouple that of trendy places, that you know try to be non-smoking. Sort of try to cater differentaudience. But as a well,trend don’t Iknow if you can itcall a trend, you seemore but andmore of like this definitely foreigners, so…ButIthink,don’t I know, last years, couple of Ithik there’s definitely some sort of foreign influence, like (),I it’sthink American, somaybe the managementis younon-smoking. know, So you see efforts some from usually some restaurants, there’s always morelike and sort likeof local nowthey have Buda, er..it’s a place, at weekend, the from the restaurants like (), you aswell. seesomeone will so efforts be There child-friendly the restaurants I’mnon-smoking not sure if you know the place, hardinvery babyHungary….the side, but things these usuallytwo come together, you find the it’s a really nice restauranta lot of people in to do, because obviously to some people, like moms, it’sL: I researcheditand Igo moreto places, if I find something, Ijustof putitup. an That’s issue..it’s whatI encouraged K:how So didyoufindall out like restaurants? these smoke-free it way is.accept the just Ithink of people alot guess, I place…people asmoky into entering like do,you feel restaurants some room, sometimes have aseparate yes,sounless they area, It’s spread) one just will They don’t. They just basically designate a few tablesand most of the astime yournon-smoking table will be right next to a smokingand one.(K: (K: SoBut how do thethey do it?)smoke samethe place, occasionally make aneffortthey it’s tomakeitseparated, neverlike a100%, notice that in the winter because you goyou know, winter, out, youin the we came back no UK…so..and in the lived matterbut I’ve from here, L: I’m it’s a restaurant, it’s half smoking, it’sK: Were you from Hungary? as much as they want, there’re now some rules, but compared to Western Europe, it’s still… amongyoung people. Ithas something todeal with companiestobacco being able toadvertise it’s part of the Eastern and Central Europe anyways, the smoking rate is really high, especially smoking is always a big issue in Hungary, Imean (K: yesyes), among the youpopulation, know, L: Well,italways annoys meand werelocated to Budapestthree years And ago. you know, K:just SoI your found group online andhow did you it? start L: Lustak Andi Ko Winne K: smoke-free places Focus of the interview: asanon-smoker opinion and amom;effort inexpanding public ( Initiator of thegroup Budapest Mom Andi Lustak 3) http://www.budapest-moms.com/2010/09/smoke-free-in-budapest/ 8 th April 78 ) CEU eTD Collection smoked. My mydad quiton 14 myparents of both mean, I smoker. a regular never was I yeah, actually…so teens late twenties, was ….itwas nice,you know, itwas just a couple ofyears in my early lives and inmy early know, goingand out have adrinkinmy hand,it and kind of went through andthis, it sometimes Youa week. last would cigarette apackof smoker, never aregular I was friends), with out hang L: Inever was a regular smoker, Iwas you know…it was social pressure I think (K: when you K: And how did you quitit? intoyou goes know, there maybeor everyone.not an way.aggressive in (K: a polite way)in know, way…..you polite sayingyou’re not that maybewhen it, ….so introduced they they know,didn’t …you know, do butnotin Itry that, to L: Er… I have tried thatK:how do But they it? respond to a few times and they smoking…put that out…Isee someone ifI off people thinkI tell so people, other know, you on on pressure put to itnon-smokers was actually quite new(K: but still you can see cigarettes everywhere) but I think it has cometo from people like me, ifbut I see, Ithink just they’ve introduced this non-smoking lawin subway,the ofvisible, kind smokers…um….yeah,ithas tocome from people.the know, …you I try notkick to people off, French or Italian are not like that….(K: yes they’re chain smokers) they are really chain it’s heavy literally Like, heavy they’re smokers. neverbad,bad…even really I’ve seen that totally not working. There, smokingis a huge problem. Every Greek personImetin London, if it’s force, likeheardlegislation,put it but don’tintoin I’velaw they that the and Greece, hasthat come to you from, know, it’s one thingyou that know, it’s reallynice tointroduce the it?enforce mean, butif someI peopledo, you putpressure it don’t on people, peerpressure the here….you knowthelawyou that can’tsmoke on again,public transport…but howdothey smoking girls younger more lot a noticed Imean you that, if noticed know I’ve don’t L: Um…I K: Yeah, that? you don’tand observe L: Is that right? I don’t know that. now men than smoke female more phenomenon, interesting an there’s inHungary actually And K: lotlater. She kind of went back and forth, back and forth, …..more than 10 years. anymore. usedtosmoke, My L: Um…not parents K: And do you have smokers in your family? very shudder than other, but, yes,it’s just something you have toputup with basically. of yes, it, avoid course youcompletely try can’t to avoidyou it, it, try avoid to to go Youto try non-smoking mean. I places,them, avoid you to know, try you Yeah, try L: to go to places that are smokethese howK: So didyou getthrough it, Imean whenyou werepregnant, thenyou have avoid to all it. L: Yeah,of part K:you had So your pregnancy here right? now it’s really nice to go out, and not come home smelling like a chimney. people newgodidcompletely base, who customer not useto out just or go out occasionally, th birthday (K: Oh, that was good) and my mom quit, she quit a 79 I usedtosmoke whenIwas 18, everyone CEU eTD Collection K: And do you think there’s enough education in the schools, you know, because you have to have you because know, you schools, in the education enough there’s think you do And K: occasionally,but you then putoncoats have and everything. to still issue,it’san but in still, you winterthe just don’t gooutbasically. It’s youunless know it’s kids, because generally you can sit outside in this weather, so that helps. But the winter, er..it’s smoking isbecoming less issue.of an It’s still butyou issue, an survive, it’s a lot better, because …because smoking, of in terms is bad winter the youagain, know, Hungary like..in of in terms healthy stuff,itis because alot more expensive. You know, that’s nothing newIguess. Sonow, the on much so grocery), on much (K:so spend gonna not isjust person average the expensive, hold of…the whole set of bio, organic..butagain itis justlike inany country,other it’s get hold of stuff,if you wentfor vegetables…and now everythingis imported and you can get years. Ten years agoif you go to the market, um…or in the early nineties, it was really hard to still a bigissue,I mean,consumption, alcohol moved smoking, becauseI’ve totheUK for ten it’s I mean weare, healthy how and society atthe look answer. you If to one L: Er..that’s ahard K: And how do you see Hungarians in general care a lot about their health? hold of tobacco…so until that changed, I think there won’t be a major shift be to honest. get ten packs with that of wouldtobacco costyou like fiveminimum four, pounds,money, and here…Imean it’s youhuge, can so you pack one UK, in the UK, know the to compared cheap, it’s so still price, the at L: Yes,untillook if you but they really, ..I pricethe doesn’tseem affect to theirbehaviour. smoking mean it’s really level, cheap Hungary has quite ahigh level taxationof on buttobacco, still arenotpeople quitting…so to get it? isn’t to theEU compared here…Iit’swork mean doesn’tK: it taxation seems So the that strange, political, all it’s tobacco…so from taxes the from money public the into or Treasury the you know,go into in, comes that tax of lot a there’s re issues, tax L: And the tobacco companies…If you, again,it’s political isn’tissue, it? Because if atyou look K: Yes, restaurants… the L: Yeah,anymore, not I but lobbyiststhink the arestillvery strong. K: Yes, I thought it’s illegal to have (tobacco) advertising, Imean you can’t sponsor.. trying to regulate it. give you stats or anything,you just but seethe advertising, they cutit try to down and they’re know Ithinklobby in the tobacco this country very is You still strong. know..um..I mean Ican’t L: See, again, Imean I’m not surprised, really,you now I didn’tsee it’s gonna be thatquick,you it a little bit…let’s delay so amendments, final some make to need we said MPs the of ..some know, don’t I K: mediaHungarian atall…I haven’tseen anything….interesting… L: Really?K: Yes,it was submitted, butit’s suspendedfor voting. I L: Really? see I didn’t Ithoughtit’s that, submitted. didn’tK: About smokingthe law…and they haven’titpassedactually yet knowL: Yes. that, K:in recently Parliament. there’sthe that And Idon’tthis debate noticed know ifyou’ve I was really it hasfrom people. tocomethe ….so restof the because change, hopeful…See,allowed smoke now, to so couldyou that out out? so I hasthink more that tomake things really that wasn’t publicised in the 80 CEU eTD Collection L: Oh, totally,like all peoplethe Ihang with, out 99%are non-smokers. Andyou know, they K:doyou But findlot a moms, of who parents are concerned about this issue? avant-garde…so it almost comes with a package you know…..maybe I should be more active.. of culture you Europe, being sheek,know,the Eastern it’s freein still a way and kind of the it’s of kind cities, other and some and Budapest Europe Eastern I think customers. their lost not ourdecision,it’s management’s the decision’, butyou know that they are scared that they’ll completely andoutrageous, I’ve eventried toask them, and they like,it’swere ‘well,you know, it’s children, the for toys have even they and chair, high the have they because section, non-smoking in the and sit go we still so here, can goto we that else nothing there’s nice, really it’sat café,the more beginning there’sthe of tablesright but……still, two there’re this café, more thatmany incafes, soyou see and not and them actually this area, there’re (non-smoking) L:Yeh, not to go to those places and ….I mean,it’s hard because we’ve just moved to this area K: And sobasically your strategy of avoiding second-hand smokingis not to go places?to those rebellious)yeah, exactly, so I think hopefully ..there would be an impact… good thing. Iwouldn’t,I don’tknow. It’s a hard one, you can’tban it. (K: They would be more other teenagers to comejust walked through it…definitely that’sin, a new thing I’vethat seenmy from family invitedand as soon as I know sheas well, doesn’t which when I was a smoke,teenager, of courseyou we I don’t smoke’, know,didn’t andthey’re alljoining thisI group. think that’s certainly havea positive peerpressure facebook that and mightthat wasn’t, beyou a you’retrend, trendyifyou’rea smoker. not And Ihave afew cousins, who’s‘Hey! in group, this kindwho’re of of it’s14,15 age..and is interesting actually becausethere like,abitquite of a kids, that’s when itup. Butit’sthey picked actually because Ihaveinteresting afew cousins ‘whoa…….I couldn’t breathe, you know, but you have to try it out, I think it’s a stage for most it wouldmy be towards young, Iwas attitude Ihateditit liberal,…..when Itried quite really out know,don’t Ithink I you can, don’t think so I be honest, to yourself, for out find that to need of L: It’s a tough one because Iknow from my childhood anythingthat is that forbidden,you kind she mightpic upsmoking, howareyou gonna dealwith it? K: nowyou’reup you’re So aparent, amom,she’ll day,one grow you know, there’s achance doing? you are what wonder, I time, to from time Isee mean I playground. in the his child next to right nurseries, (K:butit is again problem the enforcement),of exactly,you and see adad smoking L: Yeah, Imeanyou here can’tsmoke atthe andplayground Ithink 300mfrom and schools smoking. mean in UK the they’ve gotreally TV good commercials, even children telling parents to stop K:Well, Icertainly would think thereshould bemore propagandaand promotion on health, I much of it on television where people can get anidea on that, see don’t we because education in know, much is the how Iwouldn’t and now thing, of sorts all high you school, kind of knew smoking thatof course is unhealthy,in it can causelung cancerand Maybe that. about education no was there school, at was I When that. about sure not I’m L: start really to ask kids not to start smoking. 81 CEU eTD Collection because sometimes you know it’s sort of a common sense… it’s of a common you know sort sometimes because society and other peersyou know…ithas cometo from an average person…it’s really annoying have toget together and mobilise and putpressure, I think pressure always have tocomefrom divide thing which turns out to be not…..any comments? Imean currently non-smokers,just we it’sBudapest, really difficultto find anon-smoking it’s place, whichIthough aWestern-Eastern more than smokers Hungary,was really by I shocked andyou gothat, toVienna,it’s the same as there’s onethingyou mention, I’m not sureif you knew, Vienna has got, I mean Austria has got L: Iam really about disappointed this legislation,mean I Ididn’tknow….really disappointing, K: Sodoyou have any final comments? yes,smoke, it’s usually parallel with higher-educated..I guess that’s probably true. L: Yeah, um..I don’t know, probably, socially it’s um..yeah, Imean less well-off people K:you tend If talk ahomeless to to personin metrothe station andhe wouldn’tbe able tounderstandit. L: Yeah situation, Imean… in better relatively and who are wealthy K: You know this healthy isstillthing more general you butamong expatriates, know, people many… that them facebook, Iadd on it’sthem on….but the city hard…compared to is know, huge..you not mean yeah how much we’ve achieved, maybe 500,in firstthe few couple ofmonths…If findI yes, I someone) mobilise to it’s difficult always (K: people more get to try and to page have the I change places…yeah..and new finding to contributing actually they’re that…and find actually 82 CEU eTD Collection you’re a student. So spending that much money, I can still remember he says, ‘Yeah,was also I he says, remember still money,much I can that spending So a student. you’re when worse it’s even so like, (K:OK), budget, family family,a Hungarian regular to according financial of whole,the surprisingly, (K:well,it’s still cheap), er..it’ssupposed not beto cheap smokes,andmywasa everyone father bit(K: everyonesmokes), more pissedoff because of the most area, in this Because childhood. in mylittle smokers heavy were of them so both case, the he’s smoking less and less,soI happen beto the chainin smoker the family now,it but wasn’t now, right gently really up is giving he and is asmoker father my and kids, little we were when she wasasmoker, ago, years 30 now upsmoking gave mother T: Yeah,um..my it’s interesting, K: react? Didyour parents scenes. yes, have many movies smoking scenes), smoking teenage orwatching all films,these yes, (K: perhapsIdidn’tpay much so attention to these artist cliché something…so or they’re actually using itfor something. Andfor example in your realise that it’s an T:artist Andmost surprising, for example, this movie experience is always pushing.Once you did thing, (K: I didn’t realise that),at identified with certain of type group certain maturity , a hard still period, you’rewhen you 18.(K: Yeah,mean I peerthe pressureishuge)..I wanted be to realise it’s an don’tknow why, maybe it’s aidentity Iwantedsomehowtoidentify,thing, you know, thatwas what I was doing and I was grabbingwhen I was18,that was momentthe Iboughtthat my pack, butfirst was I really of conscious my last free air in the streetT: When I firsttried it, Iwas16, and surprisingly andit was a conscious thing. Icountedsmoking I decided to go for it. K: ButyouI must have tried itbefore? something. itcouldn’t awfullyresistfirst Itookit butsomehow thetemptation?) tasted up asamanner or grab it up, so it was like they offered me and I was rejecting after a while, and then (K: soyou smokers, especially in this part of the world, kind of a normal thing in the social framework to festival and we’re supposed to give in a play every year. But you know all the actors are heavy acting for a that’splay, interesting, I was in sort of a summer camp organised by my fellowfor people and we were everyT: Um..in my summer,memories, I was inK: And why you did pickit(K: up? in high a school?)specific yeah, no, T:at I started highit when I was 18 (K: Oh,school,place it was a bitlate), that’s I reallynever late. smoking? insmoked, start you did When K: Hungary, there was thisT: Csaba Toth summer Ko Winne K: ban Focus of the interview: experience as a smoker and opinion of the forthcoming smoking Smoker from Szegad, Hungary (male, age:22) Student at the Central European University Csaba Tóth 4) 11th April 83 CEU eTD Collection service because we’reservice because going tothe market thewhole for you’re day keepingand household’, the household andalready independentin household,the they inlived a farm and he was independent in the one day when was grandfather great story, my toldthe her it that father told How herwas like,grandmother as his motherknow him,lived until 91, buthe livedin countrysidethe and smoking hestarted he was when asked 8. that myself with oldother examples from my‘what family because conceal my great grandfather,always who Ididn’t also I ,and..but then young, too was doI but (OK) cancer you lung that of because want for returnT: (K: Well, becausemy died on pre-educated know some..)youthat, we’re must grandfather fromsmoking? about hazards health the about theknow you do what So K: you seema younger…bit shop keeperasksfor your identity youevery card when try to getcigarette and smoke, especially if that, on picky really And they’re card. my identity for asking always were they because T: Well, is there alegal age,exactly isit 18. In first the year Ihad trouble gettingmy cigarette K: Idon’t think there’swhen alegal you cancigarette? age about get first and Ican do whatever I want…for it afford can ya I it’s asign, and know you box, own your have you and yeah, myself, for read it backto back, it somehow,analyse to tried I when itof sort sounds now..’), my dad like, like I’m know, itdon’t I now, was mature a sign of independence when I can buy somethingfront of yourwas it father, my of front parentsin really awkward you know, when you’re playingcigarette arole in another way,but you can’t first my in it play lit I when weird of you kind was it but mind know… didn’t they (K: But perhaps everybody,they know, they were smokers, (K:Yeah, goingyou tohave were out acigarette), at that moment,a while, for it youknow they that realised also that…I out turned mightalso itand yes, realised..) they (K: that out soturned it 2006, feel in Then years. it’s two for parents my ‘oh,from smoking my conceal to trying was I’mI justthat, detail interesting more one there’s and addiction, the likeinto getting time, every pipe with smoke a game of, with becausepipes, soundlike that asolution and and you classy something but can’t manage to you know, 20-ish,my on days,maybeworst 25,butnot more, Ican’t more…I take thought about smoking I’m T: I definitelyjust smoke more now, there are sometaking days I go for more than morea box…I now or? don’t know, a you smoke do stroll smoking, started first whenyou 18, were when you to compare so Imean K: Ok, or something,my lunch at home, so… and have spendmore to on anythingjust else, drink to and smoke, basically,justeat, to butI also got stipend,in back university this gave that metoo, the financial independence because I didn’t of er…yes, you wereceived didn’t amount work) acertain becausebackthen money then the you get did How (K: that meon punish won’t they family,so liberal was a itI mean wasn’t, itknow, but Idon’t or like, behave to she’s supposed what bythat…that’s off pissed artificially grandmother, it, shewasreally poor off, discovered pissed once she’sgrandmother ultraly, didn’thave any effect onyou) itdidn’t have any effect…when you’re startingyou know, my more rational, or because Iremember back then’ beso Ithink that’s whyhe thisbe chose to abit financial argument, a bit(K: to be a thinking talking abouthowitwouldbit your ruin health butjustlook at me, Ithinkit’s useless more realistic) not that phony, you know, (K: But it 84 CEU eTD Collection cheapest. Do you take the Hungarian brand or the foreign ones? the foreign you brandDoYeah, takethe Hungarian or cheapest. there’s surviving one for the only So..um..I go really cigarettes. not butthey’re cheaperones, even there’re so ones, andnow, aftermy passing partof Ireally smoking, moreobsessive cheap, the bearabletake the better taste or?) Er…depends on smokers, somethe devoted smoker are, really havetheir brand, Well, asmoker, not I’m andwhat’s ones,dothey more expensive between the difference the the cheapest cigarettes was 570 HUF. But now it’s like 520HUF. (K: Wow, that’s really cheap. because of this tobacco legislation, trying beto more attractive, so recently, afew months ago, price recently,carton producers now there’s betweentobacco because competition some it’s 610HUF, (K: Ok,that’s notit’s toobad), bad andtoo not they’ve got,they’vejusta got T: So the middle ones, it’s like for a pack of Caramel, because you can getit everywhere, now K: Well, the normal one. T: middle? the Cheaperor average? on much is K:cigarette a packof How smoke, soweshould reinforce people smoke. to yeah,it seems and sentiment), state the policy in is that Hungary we haveoh all from taxes these opinion, then it’s like ‘Oh, come on, so let’s do it’, (K: so I thinkpublic interest, then it’s(K: doing they’d stop that) yeah…butin Hungary, littleif it’s more against public rebellious T: And Irealised in that Western Europe, once you’ve convinced population the that it’s against somehow youpick haveyour to death. Yes, I was told this that is thing soregional…… out it’sof this because my if be all even over of mythis,I diecontrol, that’d because and choice, I canget that myself about concerned always I’m but important T:be Yes, to issupposed health somuch Ismoke because when Iwasinmyhealth twenties. K: Soareyou worried,mean I doyou feel when scared, I’m 80, 90, I’ll end upin really poor less formal), yes, absolutely… in a likesituation you feelyou canhave small talks your with (K:it’s professors, making things when you’reyou’re smoking, like two or …(K:three, it’s like aprivate little ,it’s conversations) all the Gypsies smoke) ..it’s great social activity,like with professors, you get the best ouf of it she said,justput ‘Just itdown, it’syour ruining organs, Iwon’tletyou do this’,(K:Oh, I though affects your and heart, your organs…once an old Gypsylady found that Iwas out smoking and death..(K: so they show you graphics?) make breathing even a problem at some level….it also T: WhatI know…I don’t knowthe exact physical procedures…….it’s really painful, slow K: And did they you anythingteach aboutimpact the of smoking? Like inschools atcigarette some pointin livestheir during…(K: because people arearound) century. And I think most of thedon’tsmoke (K: it. it’s So yeah, a is anditHungariangesture) thecultural meanfrom 19 the thing…I youngsters now, a to take backmenphoto in 20s,youthe should have always acigarette in your handevenif you and women, try to smoke a youngboys the are takingwhen their photos, they all have cigarettesin theirhands, orwhen you’re going photos, these grab always can you society, peasants countryside, in the then back so cigarettes’, and his mother wasreally him,of proud ‘now you’re a grown up man’…(K: Wow..) heanswered, just don’t, ‘don’t, don’t, don’tbring me any types bringmechocolates, of 85 th CEU eTD Collection days, I it’sthink manageable. mind,youryou need your focus, but otherwise, take two weeks out andlive through these three daysthree do andifyou notin canmanage becauseto that, need you auniversity environment, smoke, Ican’treally buy it, anywhere,andmaybe would, that feeling because only that for Ican’tsomewhere,that really difficult,but environment Ionlyneed2weeksof quiet little like obviously lurkingI don’t behind your toe, think it’s the it’s anymore.psychological So a a after yes, it), to used so you’re while, the can only that youmakebecause is concentrate thing toget cigarette. one Andnothingit’s else,(K: friends, your with even people, other with patience you’re gettingmore sensitive,you skin, getirritating abitand somehow you haven’tgot is my level at (thing) second the and have it’, Idon’t ‘Oh, out, isfreaking first T: No..well…the K: Have you come up with any physical problems when you smoke less, do you feel.. much,it doesn’t that cause any smoke of kind physical it’s problems, don’t the psychologicalif they in most cases. that out find can they even and that, with manage can think I people just because itbans smoking. Yes, it’s more comfortable, butyou can’t you won’t, and most smoking,it’s Ithink asecondary activity,from so I (K:OK),won’t experience. abandon a bar alcohol that handgoes in hand with smoking?) You can smoke anywhere,if it’s only about T: I don’t think they’re right because people coming for the alcohol consumption, (K: But isn’t pub,bar lose they or customers. would K:mean I I’ve tosome talked owners and definitely they ifyouthink don’tallow smoking ina consumers… the T: But you once getthelegislation,you have to,(K:Yeah..) becauseyou’re paying fines, not the K: I think it’s more difficult toask pubs and bars to ban smoking.. way…..still not an addiction for them, (if) they can’t smoke in a pub, then I think they won’t. because because it’sthat, of it’s situative, a manner, just most ahabit, people canfinda it, forto example,for abeer foryou something, get extreme amount butof especiallycigarette, example, yes, first, it seems a bit cruel to ban it especially in environments where you get used in it, Ihave noreasons to protect it, and I think public this ban is successful in ways,other for any gotsense hasn’t It alevel. on feel you uncomfortable and around smelly you’re feel always evenif level because youryou health, don’tcare about er..dating agirl is more you difficult, force itlikehave Ifeel down they some to on becausesmoking, I’m but especially problem, T: I thinkit does help the case because smoking now is an individual addiction and apersonal bansgovernmentin smoking all restaurants? youdoWhat think it? about what’sK: So your opinion about this coming smoking ban? Ok, let’s firstif talk about the I justfeel ok if I’m a point, smoker, some At then maybeboxes. nice I would....(T:really have that’s they brands, only female marketing) yeah these see yeah.. Icould but know, don’t I K: much… not are that smellier andthe are others that thebrands…the ones real between difference others are like international brands…from..to Dunhill in scaleyou know...But Idon’t feel the brandHungarian is nowand this theSofiana,inproduces Pec, product,all tobacco that the 86 CEU eTD Collection K: Butstill because of socialthis smoking… you’re on the track. advantages, no itthink varies for individuals,appearances but is one of reasonswhy..oncethe you realise ithas T: Well, when I notice that K:whatmakeI’m But first you take the tohaveoath, aboutquitting thought this smoking? starting to get really intothem wereit, not serious. I andknew in the momentthat I took the oath I knowI’m I won’t do it.smelly all T:the Um…not seriously,time. and Imean, I Ihad some promises and vows and everything, butmost of K: So, have you ever tried to quit smoking? they it picturescan put the of makesdifference.…..so no T: Yeh, it’s just..if you’re nota smoker, you just can’t understand that, it’s just stronger.and theenvironment.. part K: addiction the In But fact risks. totally the aware of are smokers most of them already know, becauseit’s aremajority maybe havesome simple. effect, can the to But that not also not awareof not It’s assuch that. perceive and aware smokers people dumb you what like about educating to worth it’s not I think and ofis stronger my addiction thebut is restriction, T: Yeah,my response effect. And K: But whenbut you see them, what are your responsesI to that? think most of cigarettes. of the addict,T: Ugly lungs,butI haven’t seen what statistics any it notto buyingcontributes extent to apack the reallungs… K: Let’s say here’s a pack andto giving upsmoking. we’ve got this photo here, (T:T: I think they tried tointroduce this, but I’m Yes,not really aware of whichto level constitutes this I’m aware of it), thesebox, these pictorial whatiswarnings, your personal opinion? ugly K:Anddo youwell, what thinkbecause about Hungarystill have doesn’t this picture on this to smoke I think, maybe I’m too idealistic but we’ve never tried it, let’s try it now. inexample,banning smoking their will For them decrease are social pubs eagerness smokers. for twoweeks,and (K: So it’s more like social smoking and…) social smoking andmost of mostthink of smokersthe arenot addict, that for example,most ofmy smokingfriends can stop I have shipments been ceased..because to…the awhile, after because ceased unreliable they 1000 HUF like in you’reEngland, trying todo it(the illicit trade) for a while and…butit’s (900 HUF)is like psychological the ofbuyingborderline a pack of it’scigarettes…if a reaching to Cluj in(a city Romania) anda was likeI meanpack of 900HUForsomething, cigarette So been now, recently I’ve cigarettes expensive more got Romania Romania?) (K: border, the near T: Not directly, asmost Imean,but in cigarettes illicitwe’re population Ismoke because the K: Didyou evertry to getlike illicitcigarettes? amount of smuggle of cigarettes in the country, the border guards used to be part of the game. from 700HUF,around or over 700HUF, it’s makingitmore difficult. Butstill, there’s alarge T: You never smokingyou butcan stops a gooddecreaseby do I don’tknow, maybestarting has toincrease further youpersonally to stop for not tosmoke? youmuch government think the in tax,how do increase tobacco tothe comes And whenitK: 87 CEU eTD Collection yourself,mean speak even I likedoctors this, I thinkis it ineffective becausepeoplehave this normalisingyou. As long as they’re projecting this, they’re there speakinglike this, normalise it’s nonono, publicinterests), care about the it’s stillnot about publicinterests, the like not normal, and be normal….because we’re called the individualists, (K: yeah, and you should somehow productive of change in system,the I that..behavethink, like anormalyou be are person, that message a has that health, your about care do we and live to how somebody tell faultand it’s my fault, Ithink uniformised issolution not always effective because you have to it’s that Iadmitmy something, liberty or let’s than my activities, important for say example, less is my health that person of kind the always I’m say I’d but T:scales, Yeah..I like this don’t K: So, if there’s a scale from 0-10, how much do you care about your health? state the When country. in this isstate telling me the of something, no one listensauthority to itthe because it’sabout soalso lame… That’s seriously. it takes body supposed todoanything. Maybethere’s supposebe to alung check-uporsomething,butno you have youattack, turn to thedoctor and every keepsdoctor onsaying toyou give upsmoking because real problem and it’sphysiological not something you’ll go to doctor with, still,for example, if you have an heart it’sasocial like ways, just Europe T:you know, Yes, but Eastern in this is a problem smoking K: You have problems other andpriorities… problemssomething… and Ithink far we’rereally smoking away of considering asareal illness,disease or or already. andit’swhole attitude, conservative really far away, look at country, our wehaveourissues, Butyou can cope with that, if you can’t cope with that,before then you’re notnormal….and we have this money you,from it’s not..you god knows your problems, then you gotpsychological problems, there’shave doubts about for example, whether psychologynoHungary, is a real disciplinecontrol, and…..It’s you justdon’t gettingT: Yeah, call I don’t know,cigarette most of the timethey’re I feelK: youAnd you? aware are of smokingany help around services, or cessation theman ineffective, illness artificial somehow,or a becausereal in notproblem, for can that help… example, most people youintolight getyoua cigarette, ()stage,for examplesomething, the before anexamor and still andwhen you’re relaxed, tranquil, when it whenyou’re relate tonormal situations, somehow random thing…it’s Imean,it’s thesame as cigarette thing you a activity and can regular compareitto like you whenyou’re just nervous, took yourout mobile something,and do can you yeah, And two? yeah…or smoke, one need just I procrastinate, to way a good also T: It makes you feel you’re less stressed, yes, let’s put it this way, yeah, because, first of all, it’sK: Butdoyou thinkmakes it you feel less stressed? meanI youespecially when have exams… youenvironment that finally started to consider aboutgivingitforup but good… T: There weremore smokersyeah….And me, around fewer now ina smokers…and there’re moreK: smokers you Sothere’re around backhome? people aresmokers, and you neverbecause you know questions askquestion these are…. that itget After out. this yearmoved Budapest, when I Iwas to constantly inmost and agroup, T: Yes, you always have these smokers around, so you’re not alone and you’re not supposed to 88 CEU eTD Collection T: In general? (K: Yes, in general) I don’t know, maybe that’s a field when you have to have you when field a that’s maybe know, don’t I Yes,in general) (K: T: Ingeneral? K: Doyou have any suggestions? them make to trying you’re but believe they care…… care don’t do people yeah…Actually cares, Who what? so so, this like doesn’t take you as a dumb it’sperson, powerful but problemthe is after 5minutes, I’ll end up the speech ofitK: withhasyou because Ithink thepower they an andhearing person, present already dead an already T: Yeahdead (K: How doyou think about it?) person,K:a So final question.you Did watchthatlittle clip youtube?on in a way that you’ll hearshould say ‘yes, Imind’,yeah..I won’tit, offend, I’m asking because I really that’swanna know. really beingserious trying toask…people answered itin a polite way when they shouldn’t, they It’s not I’m it whenthey as a peoplelighting are.. took already most they’re polite because question, explicit, ityou asked ‘if you don’tmind’ somethingor like that.I don’t thinkit’s a polite questionbecause automatically seeing othersarelighting acigarette, so why wouldyou be different? But usually of them most oh are smokers, that know and yeah them the know difficultalready you or not, situation or is cigarette onea or two non-smokers…thenlighting are if they see somehow you you’re atatablecomfortable looking elseissmoking….butpeople when atother and everyone your differentflocks, there’s always flockthis philosophy.Andbutfor example, Ifeel thenyou canform peopleor areawhereonly around, noa more around smokers open there’re example, when you’re among non-smokers,you won’t lit a cigarette, oryou’re walking awayto people will mind disturbing any kind other of people, so they’re like, avoiding situations, for of lessin because back this shyness, smoking exactly and the self-esteem this teenage, kind of person is for examplelistening (to) radioas loud as they can. And otherthe person is took up extraordinary, andthat’s why he orsheever wouldn’t careabout disturbing The others. same really otherpeople,care about andthat’sdon’t smokingexpress why my I started to it’sI care, my isdon’tlife, I one the case, in this personalities two T: Yeh..but….I there’re think smokers?), yeh, perhaps you know you’d disturb others. K: I mean T: er… I wouldn’tforK: thegeneral But you populations, do thinkdon’t they care about others? say so..but whendisturbed by is that. somebody if feel I when a cigarette lighting you others, about care to try always myself, lightabout less a cigarette….(can yourandruin appetite, Iadmit everything, it. So…I’m always thekind of whocares person customers are mostly local,most of the restaurants for example, they can ruin yourregular T: big, taste.The care. They don’t still they outskirts in city, in the the mostly already. They’re you places, mean much because Idon’tthewant toget my clothingyeah….you stinky…) canhave some smoke-free generalmost pubs, because other people has the right tofree air. (K: That’s why I’m notgoing out that because of passivesmokers,the that’s why in of I’m totally banning support of smokers out know.for But example, it’s when aboutkids, Ithink it’s then not your only sphere private it’s lame but, it’s my private sphere, so don’tadmit intervene soI that, about care with body should it.no so I know and, ways, what’sin many different are good they that for illusion me, you 89 CEU eTD Collection excuse nottosmoke. yourself youand don’thave toblame the others, I can’thelpit, it’s up that’sthere, areason or it’s Ithinkauthoritative, youblameis don’thave becausethere anulter reason, useful to somehow practice authority, I mean, in a sensible way. Banning smokers out of places seem 90 CEU eTD Collection 64 mind, Iwill light my cigarette outside. wherever..in I in I don’tcare if goin also a cigarette. tobars and Austria I can’tlight also and Italy Britain it’s cigarette, I’m talking about myself.the Idon’t know about heavy smokers, Iam a heavy smoker but same, smokingM: Well, as afraid keeperbecause I’m not a I don’t restaurant if really mind a lightI cannot is not allowed,K: So, but for the smokers, as a restaurant owner, what are yourit solutions? happens, I mean I don’t yes. tenants) (K: the besued, will they minute, really same the on then noisy, be it’ll because talking not if, they’re even and 60 wants to lightup acigarette, so60 people aregetting or out to thestreet or to thecourtyard night, that means there are inside 600 people, now it’s absolutely normal that at the same time, normal,let’s takeKuplug and streets narrow what if will behappen there’ll 30people And outside smoking? it’s quite Argh…because(K: it. above tenants by the besued will bar the minute, same the On loud. be will it’s a formthree people are standing outside,of one of them is tellingdisturbance?) a joke, the other two will laugh, which youa havecigarette, light togo Butyou andoutsidea will out let’scigarette. light say only to That’sif you want choice, other have don’t people law) the (with it’s because no, No no noproblem it. And Italy.tryit’sin But normal absolutely not in Hungary.normal (K:You mean peopleit’s absolutely don’twantgo to outside?) And to smoke. will imagine,they bar the of front in and sidewalk the to go will there’re bar,they inthe smoke can’t if they means that it loud, are they because loud…and they’re loud, so many reason is that, because Italians are loud, (K: Doanyway, you they don’t go either, mean soI’m not afraid. I am But, afraidanother reason. of Andthey’re other the noisy or?) yeah, Italians arepeople they there, alsothere thebanning. went went after places peopledon’t Andthose go going, and it doesn’t matter if you can smoke placesnot good people are not and that there places people or are going are where good there’re not. I mean,that in Italy out came those it well no, places no, No, areconcern..) primary good your was places that Ithought and that…(K: smoke.to Andit cameoutthatitworks. So I’mnotafraid losing of guestsor likethings 3 years ago, before that, it was quite impossible to think of Italy, any place that you’re allowed been to Italy?you (K:have No, but I’llthink, really be going..)don’t I Italiansbecause are heavyitself, smokers, ban the in of Italy because theynot ban but smoking afraid, do Um….I M: on the (smoking) ban on public places? K:interview The will be on your personal opinion as a restaurant owner. So what’s your opinion Martin M: Ko Winne K: Focus of the interview: opinion of the forthcoming smoking banonthecatering business Bar Owner (male, age:50+) Martin 5) Kuplug is apopularbar inthe 6 12 th April 64 , Kuplug is huge, it’s like 600 th district in city the of Budapest 91 , so when there’s a full-house, Friday full-house, a there’s when so , CEU eTD Collection as a smoker, I won’t commit suicide because I’m not able to light acigarette in a closed place. M: yeah, that’s the reason why I’m that saying I’m not afraid of banning,the andI’m saying that really bad for the non-smokers. mean of course, thefor them smokershanging out with people in smoky places,have (M: yep), so what dothe you thinkK: Sonotasa butasa restaurant owner smoker,about I meanit’s‘right it? for non-smokers, agreatdisturbance I to smoke’, but the effect ofREALLY big…….passive smokingthat it, becauseis now they’re not really do that, I mean they’re doing that if you open something so there’s commission..) yep, so then, andit’s quite nice amounts, soI don’tknow how much (K: yearly, youwhatever, pay we’ll andthen brands orour goods sell our listen, you that telling andthey’re aclub Tobacco American you you’re opening because to comes British example, in the bar, but contracts withonly the bar owners. And the contract is about, they theirhave the right to sell their goods goods.a small about winebar,it placesmaking likeKuplug, companies meansthat are tobacco For example,M: Yeah..whenever you abaropens andespeciallybars,forbars hanging I’m out, talkingnot Philip Morris,they’re protesting… and ban the about more voices which Britishindustry hospitality the or business catering the American Tobacco,K: Icame upwith it’ssomething, like a conspiracy theory, tobaccocompanies the behindare for Commerce…. as far as I know, probably in they’re negotiations with them, butIdon’tknow, no like the shops closing onSundays, one talks Commerce, Chamberof there’s Hungarian because there are um..the conversations…maybe to theany shopstarting anybody know don’t I actually keepers, don’t, NOT. They know, I as far As M: but they’rebusiness? talking catering the owners or therestaurant with with have any consultations K: government Did the the Chamber of person? …. him?....(K: The fine is50,000HUF), how ok, can you get50,000 HUF from a homeless who’s checking,saying in speakers that‘You mightknow it’sthat strictly forbiddensmoke to …’, Idon’tknow and anyway,M: yeah,if you get on the tram and if you get on any (K: transport)if yeah transport bus, they’reanyoneplaces but obviously no one is gonna enforcecatches it, so people just, well, there’re these signs and K:you Because know a they’ve passed thelaw in February homeless smokingabout in public transport smoker,M: Idon’t know how will they do that… what regulations? enforce the can they do K: Ok,with but when it comes to enforcement, are you confident about how the government would M: Yeah,it problem.will makeanother And otherproblem benoise.will the K: So I mean it targets at the problem of smoking but it triggers other problems? M: er…. K:you Sodon’t think the smokingban is gonna work? 92 CEU eTD Collection K: And there’s a high suicide rate (M: Yeah, we’re world famous for itfor years..) M: Idon’tknow the exactnumbers, Idon’tknow what’s the average age… reasons….? K: the What’re M: awful…You mean the health of the Hungarians? (K: Yes..) awful… K: wouldAnd what health sayaboutthe of general the (Hungarian) population? it’s(the ban)absolutely normal,it’s notup to government.the It’s uptopeople’s health. M: em…I don’tthink people willby force say smoke becauseI’ll governmentsays……but the government is telling them not to do, then of course they’re doing, this type mentality?of K: areopponents who Butthere dislike governmenttelling them what todo?Andif the absolutely. it), fine with you’re (K:M: ok, perfectly so protectbecause wewantto non-smokers, the whatit? do you think about K:When it comes to publicthe health argument, the governmentis saying weban smoking M: No. (K: You have pretty self-control then?)maybe… K: Do you feel any physical or psychological effect when you don’t light acigarette? then I won’t. anymore, that difficult) for me, not. years,I Istopped smokingmean only for 2months,once, (K:so you succeeded), yep. (K:Soif it’s not somebody told me todayM: No,Inever wanted toquitsmoking,mean I why? and I’msmoking since (K: that15, 16?) 20 you won’t be able to smokeK: Didyouany get helpquit tosmoking are you or aware of any cessation services? M: Well,yeah…whenever I’m out, it’s almost apack for aday. K:mentioned Butyou you’ve quit,tried to right? then days, two for itmeans for two days I’mnotsmoking. apartment my from out locked I’m and home at if I’m smoking, not I’m home smokers start at apackage (a day). It depends,for myself, Ismoke at arange…for example, at like (K: a pack?)especially if it’s in the afternoon, then she lightsno, up a cigarette, itmeans that a day fourshe smokes M: My wife is morecigarettes. or less a smoker, more or less smoker means whenever we get into a café, K: your partner ….Is or children smokers? (K: not tooitstinks… then because much, many), yeah,smoke, ithas feelingthe I’m gettinginto smoky, hayden bar…and of course, it’snot notgetting too too many,listening toit on a playeris not just Rolling the Stone…Try imagineto ablues bar without I mean cassettes…because it be has or live,tapes Imean on to buta CDplayer on Stone is..no! heavy cough smoke,to it’sthen nogood. But it’s like listening toRolling Stone….listening toRolling not. I mean itdepends. Of itcourse depends on brand,the if you geta Chelsea andyou have to what ways?) ..because to smoke is good…I like theM: I tastetry to keepof the a cigarette,balance. Er….I’m (K: ittrying stinks?) to keep no it’sa K:balance, Sowhy… I mean to smoke is good. (K: in M: Ido. K: youAndcare aboutyour don’t health? yeah… M: Yeahyeah lungyou’re well-informed about ofwell-educated, cancer… K:course Oops..but M: em…No… K: Butthenhave you everthoughtabout quitting smoking though? 93 CEU eTD Collection air-conditioned13,000cm which systems can changeupto previously owned abarit’s and of course, a smoking bar, wehad ventilation systems and M: Listen, most canyouhow protect them? in Like a smokingbar? of the barkeepersK: Andyou’re since a restaurant owner, whenitcomes health your to occupational of workers, are smokers, so it’s notpacket (a day),it’s still 15,000 HUFfor amonth. that…but anyway,(K: Some people I know smoke the cheaper ones) Yes, but still, if we’refor talking 500HUF for a example, it’sthen like HUF almost 20,000 for amonth, an and for averageit’s Hungarian, money.a lot of I for an aday, If youa packet issmokingaverage Hungarian apacket. calculate like690HUF for I’m cigarette areexpensive, the M: Yes,still,cigarettes lowering theirprices…but they’re lowering theircompanies Iknowthe are prices. Though tobacco K:do Whatyou think about the taxation? itDoes if help further governmentthe raise thetax? they don’tplantanything…their but gardensarefull rubbish of of instead gardens having plants…. own their has everybody space, huge a is which gardens, with houses are districts communication is working.not that way a simply there’s ….so there, went one no and…but them check we’ll in, come people check-up, anditstops at mainthe littlesquares of towns, and they were checking,if promoting, was a was thefree,em..itfree andit country coach, the wentand people) throughout (giving there cancer, it’sit that came breast course out on of abad and mostly women, position quite it’s yes,in but itM: Actually a couplecame we’re foryears that methat out of sostrange ago K:you Do think government the should more promote public on health in general? decorated as a smoking bar, I don’t know how they managed to do it…. non-smokingif we’re places. banninghow the situation is now, inGermany butitfirstlikecame out this and actually So they’re right. cigarettes, Last weekwould for because opt abiggersmoking a restaurant don’t placeseparate isavailable. I know I would I was say they for smokers, And small shops. against todiscrimination filed acaseof small of inplaces owners ban Dresden,it everywhere, the So places. become non-smoking andto forced thus they’re areas two separate the difficultto and not tosomehow establish co-existence of smoking and non-smoking areas, forbut smallthe businesses, it’s physically smokingthere law ruledthe because constitutional the that is court banrequires the unconstitutional, the and at judges is the ban, the a implemented in Germany bar when example, For Yes,know. M: I which wasyouit’s think agoodtransitional policy? K: Andin city the of Budapest, some places established smoking and non-smoking areas, do air. fresh which is alot. So means that even though it’s asmokingyou place, never have togo out for talking heavy about butfood, because of qualitythe food……and most of of 16 the I’m food, it’s not And difference. of Hungarian because because alcohol, of smoking, because the that’s So 62. than more be not would Hungary for number the think Idon’t then 70, say let’s M: But I’m sure quite ifthat you count averagethe agewith any inWesterncountries Europe, 94 3 of fresh airin every single hour, th , 17 th , 18 th CEU eTD Collection sidewalks…even if yousidewalks…even district pay the or authorities municipalities…to the cannot isolate smokersthe you and can’t doyou anything, can’tbuild anything on the M: I’m curiousquite how many wouldtenants have problems with smokingthe ban…you what’sK: So your final or remarkscomment about smokingthe ban? wouldout thosegasmushrooms… put let’sthem, say umbrellasputting outside whenit’s raining….I’m quite sure alot of places M: I’ll try forceto my guests who smoke outside to be quiet….And somehow I’ll have tohelp light acigarette outside,guests your how will when you deal with it?disturbances and noise of problem potential the mentioned then you But K: away… theask trays take just comes, we’ll legislation the when can smoke…And yes,smoking bar?) of because now course, right we’re talking aboutbusiness, sountil people M: Yes, butI don’t thinkit hasdowith anything to youAnd design…(K:the planbe do a to to respond to this smokingban? K: As you’ll be opening anew café areyousoon, doinglet’s anything, saythe design of bar,the simple… it’s so wallet, their understand they but M: Listen, the population is stupid, Imean people stupid…and are if they don’tunderstand, ok, shouldn’tgovernment do that… K: wouldbe Butthere the argumentis thethat government intervening andperhaps the very cigarettes… cheap 1000HUF and we’ll check hardly on Ukrainianthe border for cigarettes, which is the origin of government would say, from tomorrow, the minimum price of per packet of cigarette would be a inanywhere pack Europe, of iscigarette atleast 4,5 euros, and it’s here like 2euros. If the governmentsays, ‘OK, we’ll tell you howmuch you can sell itthisfor’, will help. Ifyou go types of people…you have toraise the tobacco tax..it’scompetition…but about if the shouldgovernment be doing public anything,health, but to doctorsthe and to not the other everybody is going doctor the and to takinghundred a typesof pills…and Ithink the M: Yeah. Andbecause love togoHungarians to doctors…it’s a habit..because it’s free, so citizens? the and government the between communication of problem deeper a there’s think you do So K: 95 CEU eTD Collection lucky we have that quite big placefirst outside, so of all,you got to put something outside, then whatif you parking thing….but whatcan you don’t have So do? We the area? arehappy and you have to keep from itthe belongs district tothe mayors, of course you can use ityoubut have1.5m topay it,for and from theif ismust seriously someanotherbe lawyou’re places taken this taking also that raining, that pedestrians, orwhatever,wet togetnot orjustsomething whenit’smaybe heaters chairs, tables, something, it out put to need wouldthey because sidewalk, the on places have don’t reallysome for means Which become a wholemaybe cases),and the the youothers gooutand put theirglasses,take some out so tables. mess withit’sBut true,justimagine yourself go lightthethat, out, a cigarette and talking phone(50%the on of kindlaws, of whatwe have with and neighbourhood the understanding opening uparestaurant. if somebody thiswould take seriously, decision it then would dosomething have to with this But for district,this whichis amainlocation for pubs discos and and like city. so Ithink things that, the of districts in some that true not is which strictly opinion inhabitants’ the taking means youcan shut down because youyou’re know bothering theneighbourhood…And initHungary to thepolice andif you keep having these reports, itthen wouldmean thatall a sudden of they it report anytime can at residents) (the they loud, or noisy are (guests) people your or whatever, depends on opinionthe from neighbourhood,the which means if you’re beingnoisy orloud or and thelaws which belong to opening arestaurantbecause whenyou run a restaurant, you A: That’s andwhenyou abigger restrictions you true atlook this, gottotake talk those about when smokersneighbourhood go the outside to to light acigarette, what’sdisturbances the your about opinion worry on that? who owners restaurant are there And K: A: Yes,did. I K: Sohave you discussed issuethe with your clients? andpart is heaviest …Ithink the it…understand people to got quarrels with guests, what they want and see how they do it and ..theykeeps yourcoming face, to Idon’tknow why get they don’t itunderstand. Weimmediately have have sometimes they sit down or whatever,taking care of that, and also, that they are standing forlong period of understand time, so they havereally but a rest,not do they imaginesometimes having a non-smokingguests, section the insidewith the you’rebarfight there to is, it’s important, because disastrous anyhow,really init’s you keep a bar,condition, drinking all colleaguesour more somebody standing by than place) for (this (aday)..and12 hours in this alone and this smoky,more fresh air into thissmall and section, another meaningiswe’re that trying totake care of it a must if for restaurants youdoa smoking getto andnon-smoking section. We’re tryingpush to we’re trying dosomethinglike changingof air,the we gotta have some special system, it’s and A: Yes, but weit’s do, a not real non-smokingis section…This one bigplace,so means this K:you But dohave anon-smoking section… A: There’s big pressure on behalf of the restaurants, but it’s noteasy to decide I think. K: Sowhat’s your general impression with forthcomingthe smoking ban? Focus of the interview: opinion of the forthcoming smoking banonthecatering business Restaurant Owner (female, age:30+) Agota 6) 13 th April 96 CEU eTD Collection andfor thosewhodoes, people wouldjust sneakoutand gotothoseplaces… Otherwise you know, people situations. have would better If notthey’re ittakingso seriously business. in the who’s everyone to as concern to have you is done, it is is that, thing important most the don’t, who other the for and it made who those all for fair be wouldn’t That A: period? beatransition should there K: Andas a restaurant owner,your what suggestions are for forthcoming the smoking ban, like. are notstanding in underwayandthe they are not smoking anymore, whichis which good, I smoke in public places, like the bus station and transport places…which I realise is that people isthing number of them wouldbe enough totake this law seriously.I thinkit’s But oknot to peoplefor those are taking who careful andthe on people. outside streets poor the And other the A: Yeah, making thelaw and havingit working, that’s two different things. Basically it’s job the spots?public transport ban at asthe failure in a similar result would ban smoking forthcoming this do you think K: But so whatever…. meter or pipe now, the we haveright what with not easy it’s also outside, come to have you and inside smoke system, Idon’tmost pubs will somethingdo like that. And anyhow, if youallowed arenot to what they could do because for example for us, we have to renew the whole don’tcare whateverair-changing having happens, thatarenot food..small basically those that’s pubs..maybe youyes, my asmuch can smoke they owners?) of as you (K: want…Some restaurant colleagues this meaning you are a privateusing place, which is like aroom inhome, your and in this case, aprivate areawhere haveyouyoumember can’t restaurants unlessor area acard.Andenter in sneak are trying outof to this law,being aprivate club youmake to and know trying their andandwould eat would go drink and whatever.already they befirstthing. that Because the So thingis ifyou take lawthis seriously, you then must take itequal to any kinds of places people them…what I’m doing is I’m taking mylittle world inside and we have ourrules….the other would say (smoking) that is not mainthe let’s topic….and see thosepeople whovote for A: You know, we’re justrenewing constitution our these days…which means that I think people K: Maybe there’s alocal member of parliamentwhom you can yourexpress opinion to? A: No, I don’t think so. Ihaven’theard about it. K: And the governmenthasn’t done any consultations? street, so I think it’s too strict… toeach close just other, means that you maybe couldn’t goanywhereor side other the of the are where restaurants streets those about tothink your because of places in front outside smoke ifwhatever youcould Or let they do let peoplewant. the you smoketo then outside, got them it’s a bar or arestaurant..but you got to have some small places,maybe closed area and people have quite interesting opinion. MeIthinkit’s that they oknot smoketo in because any inside places,either owner, restaurant is a profession whose those from opinion taking they’re think lawthe was strictquite also in meaningthe of not letting peopletosmoke 5metres…I don’t 97 CEU eTD Collection have to agree smokingthat is abad habit, weall know, smokers andthe so non-smokers,the seriously, they are going to take care of the health of the workers as well as their own, then we itI think all restaurant becauseif themselves, thing on the owners this take they depends everyone. Because if not, people would simply go to those places (that allowneighbourhood…I really love theideait that is happen(ing)smoking)… but only if itis happening to court of house,the which is also Idon’tknow a good idea not, or of course you would the bother problem for us, what would we doif smoking is not allowed? (Workers) havepeople, and easiest the solution is togoto go to backthe andout they smoke over there. Soto it’s the a also little because theyhave acertain kind of on. going Workingpleasure long hours and working with 40,simplyover don’tjust they care,and the is thingother arealso simply smokers, themselves youngsters working (in cateringthe mainly,industry) you wouldn’t so see too many people A: Well, muchthe smoke? situationK: Do you have inany concernHungary about the health is ofpeople in business…this a yourlittle employees since them…butbit they’re differentexposed I don’t to soA: thinkyes, becausetoo but manyban? theypeople we havecanhave perhaps youK: need So the initiativesmake from ownersinstead of andrestaurant customers a legal a it,chancecertain I mean restaurant to typesrun thisandloveof it too, it’s bara new thing, it’s gotta come.neighbourhoodowners It’s easy. orarea separated, one smoking and one non-smoking)? (K: Yes) I meanA:send Ithink just ourguests we’ll yououtside…Have beentoCastro(a all has restaurant that two shopsthose smokers would whichLike having a glass wall? was theK:you Do youthink candoithere physically separating thesmoking andnon-smoking areas? closestreally good… to air…it’s infresh this good really myself really felt I before….And experienced ever never have I that is is one smoker, for something that other the and non-smoker isfor one smaller areas, the dance different two have they that idea the love I and club, night a Berlin, to been I’ve Lately A: public maybe…stations, is notgoodatall.I So think restriction this furtherwould go andfurther andfurther. Notjust the ifthink andthey exactly about out, people come next toyourwould smoke which window right entrance, from the 1.5m isjust floor first cellar...the in the they’re owners, restaurant my fellow some (places) who are in the cellar and etc, and they just simply cannot make it. This is one of Because we’revery areas,wehave topedestrian it’s close smoke. a terra, easier,but Iknow to allowed places wherethey’re goingtoother wanna becauseIdon’tseemy guests everybody through. To wouldmore sayno smoking be inside. ButI think areowners there who simply couldn’tmake it honest, I A: For example,would me, I take it very seriously. If the law is done, I wouldunderstand take it very seriously, I don’t..who those and seriously law the take who owners them,restaurant are there mentioned you So K: but on the other hand, it has to equal for 98 CEU eTD Collection for everyone, they’re ok. not todoanything….and awhile, after Ithink willbecoming customers it’sback..when done have a terrace, so maybe I can health,our do whichisimportant…But also maybe a I’dsay my isopinion Icansmoking itdo because we and a non-smokingunderstand there’s it alawseriously, comingand wetake section.it’s mainly,health abouttheir also and But I would first tryincludingforeigners,I would so saythatIonly have care to take of 40%andthe letting them to 40% of new the mostly customers comers (50%), haveregular different becausewe perspective A: I am quite certain thatK:do you So have anyfinal comments aboutthe smoking ban? what I do I’m gonna take that seriously.isI coming…So think they havecouldBut itdone with more policemen,more people… to be honest, I have wedidn’tA: arenosierbecause summer example, No, see now people Ithink outside that…For a K: Was werecomplaining? tenants the itbecause one day…So they were too strict on this closing time. neighbourhood, they were notallowed to operate rightaway. For example, we got the paper in official ispaper needed. Forthose whoapplied for this and didn’tget support from the streets…So they decided that businessesthe could only stay up until 10pm and beyond an that, perhaps other…so they should haveaguardor colleague asking nottoshout people onthe say at 11pm or 2am on a Saturday night, of course it will be noisy,youngsters shouting at each in Itwasn’topen let’s like night. there’re easy street, the becausethat likeon 20businesses, this stay be allowed to not would received complaints orbarsthat restaurants those that and decided A: Yes. The mayoris taking the opinion of the inhabitants in the neighbourhood very seriously about it? K:saw it, andyou I lastyearwere part there wasacampaign that socanyouof tell me more Maybe they couldn’t affordit…It’s like certain habit… more people pressureonhealthygo livingused arenot andsports, to to not. gym,the really I thinkmaybeit’s something thegovernment that shouldabout it. Maybe doalittle put to bit mostimportant the part, thisoutside…That’s go is to equal to everyone.customers) If it is(the not them allowed,ask just then itI’ll is notallowed…. area), non-smoking and smoking (a it making not I’m then difference, a make to impossible is which place smoking a operating why would webe thisagainst lawif it’s about own our health workers’and our health? If I’m 99 CEU eTD Collection Germany,itcost you 4 5 or euros, people herecan’tafford it, so I itthink would definitely help. F: Yes, Idon’t think rational that wouldpeople go out everyday likefor 1000HUF,if you go to youK: Do think tobacco tax would raising help? it will last a month….so it’s very few… F: Yes,do.(of A asI hecigarette) sameamount butsmokes the for two of us, packet of cigarette K: ButIrememberyouris boyfriend amedical student? and and Ibuyapacketof we’redrinkingsome beers. cigarette F:you’re If drinking some beers,you’d then probably one, take two…Usually my boyfriend you acigarette? offer andthey friends with out you go when you do would smoker, and what a not you’re K: So isthere less temptation when you’re not thinking aboutit. because then smoking quit to try even would they said they because in bars and government the want they that said all they interviewed, are smokers where programme in aTV interestingly, in bars…and smoking ban would if they less smoke would they say smokers even and smoke, two drinking I’m smoker, a not I’m beers andIfeel like I want tosmoke because it’sthat, terribleme…and around makesit me wanthate to also hair..and my wash to need I clothes, my wash F: I agree, I certainly agree. I mean I hate the smell, if I’m just going down for a beer, I need to whatK: do Soyou think banning about in smoking bar? like that…That’sI know. what something year, next January in be it’ll now but summer, in the ban) (the it implement isto plan original The that. postpone but they bars, in the smoking ban to want they know and I it to used F: Yes, but Idon’t asking think they’re topayfor people that,because people needtime toget K: afine There HUF signspeople telling 50,000 arethe of applying the law, Imean they are not really fines, for asking they’ll ask youleave…probably to theythen in underway, ban the had decidedthey first subway, in the ban to started they first that know I F: to extendban? smoking the about know you do What K: it to the money… of waste it’s a think …I F: bus stations,K:you Do it’sthink expensive tosmoke? tram stations,huge… butF: NotI knowin high theyschool,school? at youeducation K: havehealth Do arebut maybenot inreally F: I’m not a elementaryreal smoker, Ijust smoke sometimes when I go out… schools.K: youAre asmoker? I mean if you smoke twice, it’sFocus of the interview: opinion of the forthcoming smoking ban not Social Smoker (female, age:22) From Veszprém, Hungary Student from European University theCentral Fruzsina Tofalvi 7) 13 th April 100 CEU eTD Collection F: Yes, but I have the right to be in the free air and Ihave the right not to have to wash my hair K: Some smokers mention that they have a right tosmoke, what’s your response to it? be healthy…unhealthy and cheaperto I tax, think that’s crazy…I think people arerational,if hamburger makethey morewould the expensive it tobe heard I but promote, to probably I think diet, the bars…for the in smoking smokingthe ban and companies arealready the with prices…together lowering the banning priceF: cigarette Raising very wouldthe be youimportant…and seenowthey’re about talking K: What your are suggestions in improving health? everything will come, butthey don’tsee it… F: it’s because they think I’m young..smoking won’t hurt, my blood in perfect, but in 20 years, smoke? continuecontradictory to they hand, other the on but smoking, of hazards the about know people hand, one on So K: bigger motivation… whoare not smokers notdrinking,or so they’reprevent doing everythingit. to I it’sthink a smoking a lotat home…in the west they may do some discounts for healthcare fees for people don’tknow how much ithelps. Forexample inthe family, are Hungarians drinking alot, F: Unfortunately in Hungary for prevention there is no big emphasis. They do in schools, but I K: Andyou knowif do is governmentthe doingpromote health? anythingto imagine…it’s justvery sad… F: Terrible.We’re you can that the of on cardiovascularall diseases…anything top countries? K:do Whatyou think about generalthe health of Hungarians,the in comparison to other such a bigyou fuss, know.. summer, that’s inthe even on, jacket putyour yourup, stuff know, get beer…you your drinking questionit…imagine about -20degreecelcius in winter,the you’re sittingin a warmbar, F: if it’s banningin smoking I restaurants, it’llthink numberreduce the of smokers, there’s no be? would outcome the think you do what strictly, really law the implements government the K: If that’s notwalking, very elegant they’re and you know..street the on smoking women lady-like, very it find don’t I Personally F: in Hungary? smoking female of pervasiveness the about opinion personal your is What K: used toany shocking thing. awhileafter youused get to itI think, butI’m not sure, that’s justmy perception. You can get ignoreF: Because these people Thethings. firstyou timelook it,at probably you’re but shock, K: Why not? F: No youK: Do introducing wouldthink pictures these help? 101 CEU eTD Collection already better, becausenow,already right law is the provide havethat smoking and they to it’s option, an if there’s Still, it. afford could everyone not but do that might them of Some F: K: Do you think the restaurants will get away from the law? something… beer Ihavebecause or of acouple I’m smoking smoking I’mstressed, because I’m not F: Yes, (smoking) that’s the only way to get awayK: Youfrom in mentionedyoua restaurant? worked the job and get to know people…And she tried. that appreciate I But again. smoking she started so stress of lot there’s a then but year, F: Well she quit smoking all the time but it comes back…she stops smoking for a while, like a K: So was it difficultfor her to quit smoking? substitutes…. the butimportant, if you missit…yes, my best friend tries quitto smoking, she used saltsticks as together. Also I think people start smoking when they startsome activities, like talking, it’s not rest…and chit-chat also they I thinkit’s outside,will so bring avery thingsignificant to people gobathroom, or eat orsmoke, soif you don’tsmoke, you have less one third of the time to inworking when arestaurant I was17,you don’tmanyhaveyou breaks, too either gotothe Iwas like when more, bit little a Ismoke when example for together, people itbrings F: Ithink K: Why peopledo smoke? F: No, not really…From time to time, there are some on the television, but not very pushy… K: youisAremore awarethegovernment doing propaganda? know and they used it,get soto Idon’tit’s think anissue. but itthen goes back to samethe level as before,dropped, soit’s first a very temporary problem. And then people consumption the is that know I what countries, many in ban have they But F: losingbusiness K: owners about worry Some restaurant where you can’t smoke, there’rearea the no of ashgo out trays.. but tray ash a there’s stop, bus the into go you when example, for more, it youjustthat havetomake people usedto…Idon’t thinkit’s authoritarian, butthey shouldmake certain park there…there’re things supposed to not you’re forlot handicappedpeople, parking F: No, I don’t thinkK:doyou But it’sthink tooauthoritarian? so… there’reget rid ofit, they will get used to it… certain thingsifbutsense, let’s don’tit,understandpeople makethem pay, awhile, after and Ithink wecan that you kiddon’t and do,everyone, for raining, are there smallthese stands,example, andthesmoker isit, standingbelow there’s you and your you have if there’stosomeone standing nexttoyouis smoking, soit’sjust notbreatheyou, butyour child, and whenit’s a in the this bussmoking stop ban,isyou’re that standing bus atthe with yourstop fivesmoke…of example year oldFor kidand ban. smoking this about happy I’m so me and disturbs especially course but a coffee, after it’s politeness and common 102 CEU eTD Collection extension of the bar, a small area, I think there’s a smart solution. Smokers don’t care that much that care don’t Smokers either.solution. Even smart smokera hates that andthere’s they think saidI itmakes them area, smoke more. small a bar, the of extension F: yes, it’s possible,disturbances neighbourhood. the to but I think there’sit would worry smoke when outside,cause K:that owners people Oneof restaurant the a solution. For instance, in the UK, they cannon-smoking, but itmake does not work… an 103 CEU eTD Collection over into non smoking areas. That is why a total ban on restaurant smoking is badly needed. is badly smoking restaurant on ban a total is why That areas. smoking non into over problematic. It is very difficult tophysically separate smoking areas, toprevent smoke spill managementitself smokes. Enforcing clean air provisioning in restaurants has been The mixed. areresults Smoke free workplaces generally smoke free,remain higher unless 4. here. results achieveas to similar Becausework. of this differentcivil actively groups inlobby Hungary for theirintroduction, so There is noHungarianbut deterring yet, international experience suggests images experience 3. higher deterrence of feeling the prices. without with their carry addiction, on so can people addicted that aprice with cut, increase in any very tax been forceful hasoffsetting also industry andbars. tobacco The restaurants free I suspect they the sponsor hospitality industry’s push back against introductionthe of smoke Tobacco companies hide their activities well,itis so hard to tell they what do in background.the 2. to persuadethem giveto uptheir addiction. happen to a very is at itOnce getaddicted age (before young people age10). early very difficult people tend to smoke as an act of rebellion, then getaddicted. To be effective, education needs at early,elementary start school. to needs The % of smokers is higheraddiction) among younger smoking of people in Hungary.development the Young (preventing prevention smoking you arealready anddeterrent it is addicted quit.The extremely difficultto iskey thing that your smoking life, with only a few cigarettes per day. By the time higher taxes become a lot of money on their smoking habit. Higher taxes do not have the same impact when you start Addiction develops slowly. Raising taxes impacts those who are already addicted and spend a 1. Sales and Marketing control and assistant professor at Central European University, Hungary, Budapest, President ofHungarian RespiratoryCollected patientsSociety, andalso acivil advocate for tobacco 1) Professor Sandy VaciComments Written B: Appendix How well has the tobacco regulations been enforced in Hungary? enforced been regulations tobacco the has well How smokers? on effects respective the what are packaging, Concerning policies on tobacco control, there are attempts to create warning images on lobbying? From your knowledge, whatactions have been by taken companies tobacco the on control fines, For instance,campaign? shaming? According to your previous work, what were the key elements for a successful tobacco 104 CEU eTD Collection many would countries) other further help. presentandbanning it near office, school, and entrances hospital in(like they restaurant do minorsis bars) in are step. Banningsmoking firstcars where avery itgood restaurants, (offices, The current proposal to fully ban smokingin placesclosed where the public may be exposed to 5. In your opinion, how can further legislations help with creating a smoke-free Hungary? a smoke-free creating with help legislations further can how opinion, your In 105 CEU eTD Collection I would following: suggestthe 5. quitting smoking. wants toavoid thisactivity. inconvenient Thirdly,it createsan environmentsupports that smokeintroduce the freehome rule,and smoking be will anotso easy behaviour, some smoker why others, youdo wantdamage yourself your or family? Secondly,if family members will Yes, issmokeis you won’t hurt tobacco for harmful because there If amessage people. that 4. smoking. packaging with big pictorial mainlywarnings, for preventing young people and women from appearing on both sides of the packet. However, an even more useful tool is to combine plain The pictorial has be warning to big enough,i.e. coveringmore than 50% of pack,andthe 3. smoking status as in Switzerland. the fourth element and is adopted in Canada and Singapore. Lastly,insurance costs depends on asinpropaganda Canada and US, the they the have slogan ‘only smoke’.finelosers is Imposing factory. Secondly, smokefree law, such as the ones in Ireland and Great Britain. Thirdly, There are five components. First, workplance campaign is important, like smoking ban in 2. in media) smoking marketing, sales of Point products, tobacco (flavoured successful very is fewmonthslastin Also, marketing Marlboro). (Sophianae, tobacco the significantly decreased Secondly, very slowly.increasing medicines. are taxes main tobacco of cigarettes Theprice the nor hour, office the (neither in Hungary reimbursed not is cessation smoking First, 1. Member of National Health Council (representing respiratory patients) Electedpresident of Hungarian Alliance for Tobacco Control Specialist oninternal medicine and respiratory diseases Dr.2) János Mucsi In your opinion, how can further legislations help with creating a smoke-free Hungary? a smoke-free creating with help legislations further can how opinion, your In Is banningin smoking public placesaneffectivemotivating way quitto to smoking? people smokers? on effects respective are the what packaging, http://en.wikipedia.org/wiki/File:HKSAR_smoking_warning.gif),compared toplain packagingas thisone: (such Concerning policies on tobacco control, there are attempts to create warning images on control fines, For instance,campaign? shaming? According to your previous work, what were the key elements for a successful tobacco why did these attempts fail curbto tobacco use? taxes, rise in and quit-smoking tobacco In Hungary, in promoting been have attempts there a) cessation (office hours and reimbursement of prescriptional medicines) 1% special tax for tobacco products in order to cover the health care costs of smoking 106 CEU eTD Collection g) f) e) d) c) b) education ineducation and elementary kindergarten school smoking ban in media Plain packaging big pictorial package both sides of packs freecars smoke tax increase of tobacco more 107 CEU eTD Collection lineslines) and(hot whichpromotes helps quitsmokingfor smokers. decrease & income tax the and will increase this money implemented in should quitensuring more people will quit or even not start smoking (among youths) -> medicalstrategy expenses will (AmericanHowever, Themostimport effect. anadverse samples foreign good showed introduced. is policy tobacco-free if the exampleincomes tax the of dropping of afraid are makers policy realise, from Dr.you can as addition, In makers. policy Cummings,on industry tobacco of influence strong the to due was It Buffalo NY) would be: raise the taxes5. so andeliminated have into tobe account. taken effect It reduces secondhand However, smoke. of harmful on effects smokingare not the person 4. population. The in suicide rate Hungary is alsohigher asin countries.other Usually these happen in conjunction and inthe low-income portion of Hungarian the 3. (chemotherapy,impacts economic the mention radiotherapy, CTscansetc…) to Not world. in the cancer lung and throat of rate highest the has Hungary above, mentioned lungcause from of 80%active cancersoriginates around passive smoking, 20% smoking. As containsSmoke 4000 differentchemicals includingaround 400cancerous toxic materials. The 2. alcoholism rates are high. don’t they health, their about enough care don’t doPeople world). in the physicalhighest the is mortality cancer exercisesmales between ys;45-60 especially cancerthe mortality: 336/100000in 2002; lung andthroat or sports,Unfortunately we theirare worse than the EU average.nutrition Our mortality is high (especially amongis the not appropriate,1. smoking (38%) and Physicians who conductresearch oncancer among the Hungarian populations 3) why did these attempts fail curbto tobacco use? in taxes, tobacco rise and quit-smoking In Hungary, in promoting attempts been have there is powder product), (a moist itconsidered tobea‘healthier’ tobacco good? tobacco companiesRecently such havetriedmoretobacco tointroduce smoke-freeas snuf products, in Hungary? suicide and alcoholism like behaviour with correlations Smoking is aform of addiction as well as self-destructing behaviour, doyou observe any population? isserious How effect the of thecancerpassive smokingamong on rate Hungarian the smoking? wouldHow you comment on generalthe health of Hungarian the population, apartfrom Dr.and David Adam Tarnoki 108 CEU eTD Collection 7. In conclusion comprehensive smoke-freelaws are for good health and for good economy the a been never is there argues sector hospitality the and industry tobacco the what to Contrary 6. 5. The health impact of smoke free legislation is immediate. In a few months the the rate of MI smoking indoor 5. In EU havedesignated the areasin followingall the workplaces countries no had doneso. 29countries that were there as 2010 4. of December 2. Protecting peoplefrom beingSHS is exposedto an obligation under right the protect to indicate country your for you havedata If isit kills. only it isa nuisance not SHS to exposure 1. Final remarks 7. (insurance). This hinders quitting. methods example, (for biomechanical validated)funded not arenottherapy which bythe OEP exist.The mightproblem from originate noteffectively organised system.addition, In some Exactly. The problem is thatpopulation doesn’tknow where tofind aquithelp. No quitlines 6. 27% compared to December27% compared 2010. to by weredown of sale cigarettes yearbefore. Alsothe the sameperiod the compared to 0.2% (implemented January 2, 2011) figures employmentthe inthehospitality were sector up law the of implementation the after month one example, for Spain In sector. hospitality impact in the insingle country which smokethe free legislation has produced a negative economic hospitality sector. Inhospitalizations is down between 10 and 30%depending of country.the some case the law has a by in it they law workplaces). sector some allow other (although hospitality small positive in circumstances Lithuaniasome workplaces). and Latviadonot allow smokingin the special very under it for effect allows legislation the theoretically although areas insmoking the have of designated in EU countries no thesethreelast practice (please beawarethat Ireland, and Cyprus,UK, Greece, France,Italy Spain, publicplaces: and Malta, Finland. smoking (nodesignated areas). exceptions in ALL indoor workplaces and public places including the hospitality withsector no people from SHS exposure is to passlegislation instituting 100%smoke-free environments health established inyour constitution (if exists)such a right and the only protectway to look intosome estimates we did by .Worldwidecountry) theis figure 600.000ayear. manydie how to from to are estimated SHS eachyear youexposure not (if have do Ican thanks. in youcontrol addfurther comments Please think berelevant would totobacco Hungary, the services rely on physicians’ referrals but have not been very effective] challengesare the instance ininviting in inparticipating? people case, Hungarian [For the what measures, control of tobacco important become an have services cessation Smoking 109 CEU eTD Collection Control 65 insurance policy. insurance Premium – Ininsurance,premium is theamount paid by a clientin for return obtaining an remove any branding. smokers. vary marketing Legislations appeal globally,to itbutto usually producers requires Tobacco producersare notallowed toputany promotional messages orgraphics as a way of Plain Packaging–is instrument another of control tobacco applied oncigarettepackets. impact inform smoking thenegative of smokers about packets to Pictorial Warning – is a tool control tobacco of by including images graphics on or smoking ornicotine include nicotinetypically patches gum tobacco, than other body the to nicotine of amount the administer of aim the with cessation are employedin smoking that methods various the Therapy to – refers Replacement Nicotine being abnormal practice’ an tobacco—to push tobacco use out of the charmed circle of normal, desirable practice to De-normalisation –refers to‘strategies seek tochange thebroadsocial norms around using Glossary S. Chapman, B. 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