[Passive smoking in France: science, law and judge's point of view]

Passive smoking occurs as a consequence of exposure to indoor atmospheric pollution by tobacco smoke. Its effects on health are now scientifically established.

The 1976 "Veil"'s law was the first law related to the fight against passive smoking. It introduced a first step towards respecting the rights of non-smokers in premises and public transport. In 1991, the law "Evin" augmented it. Health messages appeared on the cigarette packets and the law prohibited exposure to smoke in public places, except in the sites reserved for smokers. The right of non-smokers not to be exposed to tobacco smoke was recognized. In practice, 15 years later, the law is still not enforced, so that the health of non-smokers is still not effectively protected.

Tobacco smoke is the second most common carcinogen to which employees are exposed. Workers in bars, restaurants and night-clubs are particularly vulnerable and display significant increases in biological markers of exposure. On June 29th 2005, the "Cour de Cassation" recognized that an employee had the right to sue their employer for breach of contract because they did not effectively implement a general and absolute prohibition on smoking in their offices, thus recognizing a legal obligation on employers to prevent exposure to tobacco smoke. This decision opens a new frontline in the fight against tobacco, while waiting for new legislative or governmental action to protect non-smokers at work effectively.