Smoking bans for private vehicles: children's rights and children's voices

Abstract

Smoking bans have recently expanded to private vehicles in which children are present. This study considers the place of children's rights and children's voices in this policy initiative, with respect to the Canadian context, where vehicular smoking bans have been widely adopted. First, we examine print media reports, finding children's right to health was acknowledged less frequently than an array of competing adult rights. Children's voices were largely absent from the record. Second, we report on focus groups involving 23 young people in Edmonton, Alberta, highlighting participants' strong support for bans, based on their knowledge of health harms, aversion to smoke, and awareness that children have limited ability to contest adult authority in vehicles. We conclude that vehicular smoking bans may address the situation whereby children are forced to share an unhealthy environment, in breach of their rights.

Keywords:

• children's rights
• children and policy
• parental smoking
• right to health
• smoking bans
• Canada

Funding

This research was supported by the Social Sciences and Humanities Research Council.

Notes

1. The definitions of ‘child’ for the purposes of such laws do not necessarily correspond with the definition under international law (under 18 years, unless the age of majority is attained earlier), or with the age of majority in the respective provinces (variously 18 or 19 years). Across Canada, individuals who have not attained the age of majority cannot legally purchase or possess tobacco products.

2. Put another way, children's interests in privacy and autonomy (and, in some cases, in making parenting decisions) are not infringed by vehicular smoking bans, as they are already legally prohibited from smoking.