%0 Journal Article
%T RESPONSABILIDAD DE LAS TABACALERAS Y EL PAPEL DEL ESTADO EN LA PROTECCI¨ŽN DE LOS DERECHOS FUNDAMENTALES: CUESTIONES QUE SE SUSCITAN
%A Flah
%A Lily R
%A Aguilar
%A Rosana I
%J Revista chilena de derecho privado
%D 2011
%I Scientific Electronic Library Online
%R 10.4067/S0718-80722011000100005
%X it is well known that cigarette consume is harmful for health and is also 164 known that health is a human right. as a human right is established by the argentine national constitution and the international treaties of human rigths included by the constitutional reform approved in 1994. effective enjoyment of this right joins with the protection of consumer, both protected by our constitution, deserving state guarantee. it is quite important to discriminate who should take responsability for the damage that this consumption causses not only to smokers but also to pasive smokers. then it is necessary to establish the link between them and the tabacco companies: if it is contractual or non contractual liability or there is a third possibility arising from the right of consumption, and in turn consider the responsability that the smoker in public spaces and even private spaces may asume, opposite to those who are forced to inhale tobacco smoke. also, to conclude, analize the paradoxical role given to the state who appears as guarantor and at the same time violator of the fumdamental rights committed, becoming actor or defendant in trails concerning this issue.
%K cigarette
%K consume
%K health
%K human right
%K constitution
%K international treaties
%K state guarantee
%K responsability
%K smokers
%K pasive smokers
%K tabacco companies
%K right of consumption
%K inhalation tobacco smoke
%K paradoxical role of the state.
%U http://www.scielo.cl/scielo.php?script=sci_abstract&pid=S0718-80722011000100005&lng=en&nrm=iso&tlng=en