"Leaving no one behind": the vulnerability of children from low SES households suffering from tobacco-related harm in light of human rights and social justice
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University of Groningen, International Law, Netherlands
Publication date: 2018-03-01
Tob. Induc. Dis. 2018;16(Suppl 1):A929
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ABSTRACT
Background:
Children from low SES households are particularly vulnerable to tobacco-related harm
having adverse effects on their health, development, and wellbeing. Their
disadvantaged position to positive health outcomes is caused by an
intersectionality of medical, child developmental, and socioeconomic factors. Human
rights law is a key vehicle to achieving sustainable development, health
equality and ultimately social justice and as such an important mechanism to
support the rights of children from low SES households in tobacco control interventions.
However, the principle of vulnerability is also contested in human rights
scholarship. Against this background, the objective of this paper is to generate new knowledge on
the potential role of vulnerability as legal principle in protecting children from low SES households against tobacco-related harm. The central question of this study is to what extent
vulnerability can inform the specific state obligations flowing from the human rights of children to adequately address the situation of children from low SES households in tobacco control interventions.
Methods:
The paper design is a legal analysis. The paper
reflects a normative analysis of the scope and content of vulnerability as principle
in human rights law and locates the principle in the interpretation of specific rights. Methods include literature
research, document analysis (primary and secondary legal sources) and treaty
interpretation.
Results:
The results are that vulnerability may be of benefit in the progressive interpretation
of human rights law. It can inform the application of specific obligations flowing
from at least the health and interest rights of children.
Conclusions:
The paper concludes that governments have
obligations to promote the underlying determinants of health, actively support
the wellbeing of children from low SES households in particular, and counter their systematic health inequalities, including in tobacco
control mechanisms.