Any smoking ban, smokers always argue that smoking is their human rights. Though smoking is not rights but only the mere requirement. People who smoke in public places and even rob and intimidate human rights of others.
"A lot of people who claim that smoking is a human right (HAM). When in fact it's not a human right, because if people's human rights can not live without it. In fact it will not die if people do not smoke. If he's right for smoking, but he was disturbing the rights of others get to breathe fresh air, "explained Dr. Adnan Buyung Nasution, SH, Mr. Advocate Indonesia in a media gathering at the Cancer Foundation of Indonesia, Jakarta, Wednesday (14/12/2011).
Human rights (human rights) is something that can be life threatening if not met. In contrast to smoking, if not met would not be life threatening. So smoking is not a human right, but only a mere requirement.
While clean air is the rights of every human being, if people do not get clean air then humans will die. And air is mixed with the air of cigarette smoke is deadly.
"There is the argument that smoking is an individual right. But this attitude has not answered questions about the impact of smoking on others who do not smoke. Implementation of human rights must not violate rights of others, in this case the right to health of other community members," explains Todung Mulya Lubis, the lawyer as well as human rights activists.
Todung explained that the Constitution 45 Article 28H (amendment 2) states that "Everyone has the right to live in physical and spiritual welfare, residing, and earn a good living environment and healthy and receive medical care".
"If this paradigm be met, then the smoke should not get a place in society. Since every person is entitled to a healthy environment," explained Todung.
Health is one of human rights that must be realized in accordance with Pancasila and 1945 Constitution. For that if someone wants to smoke should not harm others.
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