Tobacco Free Initiative (TFI)

The drafting, passing, adoption, implementation and evaluation of tobacco control legislation

After choosing the type of legislation to pursue and elaborating the elements to be included in a legislative scheme, the legislation will need to be drafted, adopted, implemented and periodically evaluated to ensure that its enforcement is achieving the objectives laid down in the legislation.

Drafting legislation

Legislative drafting is a specialized discipline. The roles of an advocate and the draftsperson should not be confused. It is also important to create a partnership of public health and law to ensure a legally sound but effective health measures. There are a number of resources to assist Member States in drafting legislation for tobacco control.

Passing legislation

Legislative advocacy and education as well as the recruitment of effective legislative sponsors, and working effectively with them and other lawmakers are critical and essential, particularly where legislative enactment faces opposition within and outside government. In such cases, campaigns must mobilize the base of existing support for tobacco control, and expand that base of support within the government or among media and other groups not affiliated with the tobacco industry and reach out to engage the general public. Milestones of the legislative process, including the introduction of the proposal, public hearings and debate over amendments, offer opportunities for publicizing the debate and generating support. When a law is enacted, advocates should sustain efforts to strengthen the law and guard against sabotage. Advocates could fund such campaigns through local or external sources.

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