Wockel v. Germany

Submitted by Kelly Russo on Fri, 04/17/1998 - 00:00
Regional Decisions
European Court

The European Court of Human Rights held that the absence of a general prohibition on the advertising of tobacco products did not amount to a failure on the part of the German State to ensure the applicant's rights under Article 2 and 8 of the European Convention on Human Rights, which recognize the rights to life and to respect for private lives and homes, respectively. The Court found that the State has adopted legislation aimed at limiting advertising of tobacco products and prohibiting smoking in certain areas and has given preference to public information campaigns aimed at informing the public of the injurious effects of smoking. All things considered, the Court determined that it could not hold that the State overstepped its margin of appreciation in balancing the interests of smokers and non-smokers by neglecting to support a general prohibition of tobacco advertising.