Passive smoking and minors

A decision of immense importance relating to minor children was given by the Family Court on Friday, August 13, 2004, a day which in this case appeared to prove very lucky for minor children.

The decision in question related to the objection on the part of a parent not to allow access to a minor child aged approximately one and a half years to the other parent on the grounds that, among others, the other parent was a habitual smoker and his family, and his circle of friends, were also habitual smokers.

In what will no doubt be considered as a milestone decision relating to the legal rights of minors, this would appear to have been the first, specific decision relating to passive smoking and minors. The court, while warning the mother that it was not she who had to decide whether or not to allow access to the minor child to his father, simultaneously warned the father that, while the court would be giving him his rightful entitlement to access to his minor child, it was making it clear to him that, if evidence were to result to the court that he actually smoked in the presence of his minor child, the court would have no hesitation to prohibit further access of the minor to his father.

The court went further as to actually specify to the parent that whenever he had access to his minor child, it was not only he who must not smoke in the presence of his minor child, but also any member of his family present, or any member of the circle of friends present, as it was now a scientifically proven fact that passive smoking causes more harm and danger than actual smoking.

While I have no hesitation to laudably commend the court for having the courage to pass on what no doubt will become a classical decision, it is a pity that a court had to resort to pass such a judgment. Indeed I know from professional experience cases where pregnant women have been warned medically to stop smoking because this could damage the child in them, but who cannot wait to step out from the gynaecologist's clinic for them to start smoking.

May this court decision bring about an amendment to the criminal code, that pregnant women or parents who habitually smoke in the presence of their minor children be criminally penalised so that all will learn that whatever one may fancy as to how we conduct our private lives, no mother-to-be and no parent can feel entitled to expose their minor children to the scientifically proven danger of passive smoking!

Thanks to this court decision, protecting the minor child has now been extended as a crusade against one of the worst elements in societies, that is to say, the harmful effect of passive smoking especially on persons, such as minors, who cannot defend themselves or stand up to their rights.

Dr Bezzina is chairman of the Family Rights Association.