The human rights of children, which includes the best interests of children, are of paramount importance in our society and are protected by section 28 of the South African Constitution.
What will be considered as being in the best interests of a child is quite a wide topic that includes every aspect that affects children’s lives. For example, the health effects that smoking can have on children.
The Tobacco Products Control Act 83 of 1993 (“Tobacco Act”) provides for some limitations on where a person is allowed to smoke in order to protect children.
For example, the Tobacco Act provides that no person may smoke any tobacco product in:
a public place;
any area within a prescribed distance from a window of, ventilation inlet of, doorway to or entrance into a public place; or
any motor vehicle when a child under the age of 12 years is present in that vehicle.
The Tobacco Act further provides that no person may smoke any tobacco product in a private dwelling used for any commercial childcare activity, schooling or tutoring
A private dwelling includes, for example, any room, apartment or building which is occupied or used as a residence.
These limitations provided for in law are aimed at protecting children’s human rights. Not just in respect of what would be in their best interests, but also in respect of their human right to a healthy environment (section 24 of the Constitution).
