"Government action proposes restricting tobacco use in automobiles among federal territories"
In a bid to protect the health of minors, the German Bundesrat has decided to submit a draft law to the Bundestag, aiming to ban smoking in cars when minors are present. This move comes after approximately one million minors in Germany are currently exposed to tobacco smoke in cars.
The proposed law is a response to the failure of an earlier attempt to achieve voluntary compliance for a smoking ban in cars. The state has a special protective duty towards those who cannot protect themselves, including children and unborn children, and the dangers of passive smoking in closed spaces have become a pressing concern.
The car, considered a private space, may not be immune to state intervention when it comes to the health and safety of minors. In closed passenger compartments, minors and unborn children are particularly exposed to passive smoking. Studies show that tobacco smoke exposure in cars can reach several times that of a heavily smoked pub within a few minutes when a single cigarette is smoked.
Health risks for passengers, previously not considered a reason for intervention, have now been recognised as significant. Damage to the lungs, increased cancer risk, and growth disorders are potential dangers of passive smoking. Passive smoking increases the risk of cancer for minors, including liver tumors and leukemia.
The federal states of North Rhine-Westphalia (NRW) and Lower Saxony have officially advocated for introducing a smoking ban in motor vehicles when children or pregnant women are present. These states, along with multiple others, have reintroduced a motion for this ban, scheduled for September 26, 2023.
Several countries have already implemented similar bans. Italy, Greece, Norway, France, South Africa, and Australia have smoking bans in cars when minors are present. England has had such a ban since 2015.
However, it's important to note that smoking in cars can only be indirectly punished if it has led to demonstrable consequences such as a collision, fire, or motorcycle accident due to a cigarette thrown out the window.
NRW health minister, Karl-Josef Laumann (CDU), has stated that smoking in the presence of children or pregnant women in cars is irresponsible. He emphasises the importance of protecting the most vulnerable members of society from the harmful effects of passive smoking.
The Bundesrat has been considering a draft law to expand the non-smoker protection act for several years. A draft from the house of the then health minister Karl Lauterbach (SPD) was presented in the summer of 2023, but the law change did not come about due to the federal government change in the last legislative period.
As the debate continues, the focus remains on the health and safety of minors and unborn children in cars. The proposed ban aims to ensure that these vulnerable individuals are protected from the harmful effects of passive smoking.
