LANGUAGE

Quickly view a country’s tobacco control law status or compare it to the status of several countries at once.

Select a Policy
Choose Countries to Compare
Term --FCTC-Based Definition Cape Verde
Workplace View Definition

An area, permanent or temporary, in which a person performs duties of employment or work, regardless of whether the work is done for compensation or on a voluntary basis, and includes private offices, common areas and any other area which generally is used or frequented during the course of employment or work. (FCTC Art. 8 Guidelines para. 20)

Not Defined
No
Analysis

The law does not define "workplace." While a definition is not necessary to interpret this law because the law restricts or prohibits smoking in certain enumerated places, rather than in "workplaces" as a category, the failure to use and define this key term may hinder efforts to meet the FCTC Art. 8 requirement to adopt and implement effective measures providing for protection from exposure to tobacco smoke in indoor workplaces.

A definition of "workplace" should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 20.

Not Applicable
Not Applicable
Public Transport View Definition

Any vehicle used for the carriage of members of the public, usually for reward or commercial gain. (FCTC Art. 8 Guidelines para. 22)

Not Defined
No
Analysis

The law does not define "public transport." The failure to define this key term may hinder implementation and enforcement of the law's provision restricting smoking in public transport.

A definition of "public transport" should be provided in accordance with the definition provided in FCTC Art. 8 Guidelines para. 22.

Not Applicable
Not Applicable
Second Hand Smoke (or similar term) View Definition

The smoke emitted from the burning end of a cigarette or from other tobacco products usually in combination with the smoke exhaled by the smoker. (FCTC Art. 8 Guidelines para. 15)

Not Defined
No
Analysis

The law does not define "second hand smoke." However, a definition is of this term is not necessary to interpret the law because the law prohibits or restricts smoking in certain public places and public transport, rather than prohibiting exposure to second hand smoke.

Not Applicable
Not Applicable
Smoking or Smoke View Definition

Being in possession or control of a lit tobacco product regardless of whether the smoke is being actively inhaled or exhaled. (FCTC Art. 8 Guidelines para. 17)

Not Defined
No
Analysis

The law does not contain a definition of "smoking" or "smoke." The failure to define this key term may hinder implementation and enforcement of the law's provisions prohibiting or restricting smoking in certain public places and public transport.

Not Applicable
Not Applicable
Public Place View Definition

An area, permanent or temporary, that is accessible to the general public or for collective use by the general public regardless of ownership or right of access. (FCTC Art. 8 Guidelines para. 18)

Not Defined
No
Analysis

The law does not define "public place." The failure to define this key term may hinder implementation and enforcement of the law's provision restricting smoking in public places.

A definition of "public place" should be provided in accordance with the definition provided in the FCTC Art. 8 Guidelines para. 18.

Not Applicable
Not Applicable
Tobacco Product View Definition

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Defined
Yes
Analysis

While the law does not contain a definition of "tobacco product," it does contain a definition of "tobacco." The law prohibits the "use of tobacco" in public places, rather than the use or smoking of tobacco products. So this definition serves as a substitute for a definition of "tobacco products." However, the definition does not align with the FCTC Art. 8 definition because it is unclear whether it was intended to cover smokeless tobacco. To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "tobacco products" in accordance with the definition provided in FCTC Art. 1.

Not Applicable
Not Applicable
Indoor or Enclosed View Definition

Any space covered by a roof or enclosed by one or more walls or sides, regardless of the type of material used for the roof, walls or sides, and regardless of whether the structure is permanent or temporary. (FCTC Art. 8 Guidelines para. 19)

Not Defined
No
Analysis

The law does not define "indoor" or "enclosed." The failure to define this key term may hinder efforts to meet the FCTC Art. 8 requirement to adopt and implement effective measures providing for protection from exposure to tobacco smoke in indoor public places, indoor workplaces, and public transport.

Not Applicable
Not Applicable
Cape Verde
All indoor workplaces
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including healthcare facilities, educational facilities, places for use by minors, entertainment halls, covered sports halls, and "places for public assembly." All of these places may be workplaces for some people. In types of workplaces not enumerated in the list, smoking is allowed. Because smoking is restricted in some workplaces and allowed in others, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces.

Not Applicable
Not Applicable
All indoor public places
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including healthcare facilities, educational facilities, places for use by minors, entertainment halls, covered sports halls, and "places for public assembly." In types of public places not enumerated in the list, smoking is allowed. Because smoking is restricted in some public places and allowed in others, the regulatory status "Smoking is Restricted" is given.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor public places.

Not Applicable
Not Applicable
All public transport
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in public ground transportation and on aircraft. Although the law permits smoking in uncovered designated smoking areas on maritime transport, all enclosed areas of maritime transport must be smoke free. Because smoking is prohibited in all areas of enclosed public transport, the regulatory status "100% Smoke Free" is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on public transport.

Not Applicable
Not Applicable
Government facilities
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Government facilities are not among those places listed. As a result, the law is interpreted as permitting smoking in government facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in government facilities.

Not Applicable
Not Applicable
Private offices
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Private offices are not among those places listed. As a result, the law is interpreted as permitting smoking in private offices.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in private offices.

Not Applicable
Not Applicable
Hospitals
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar."

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar." Therefore, smoking is restricted in residential healthcare facilities, including their public areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all public areas of residential healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "establishments which provide healthcare services, for example; hospitals, healthcare centres, clinics, medical consulting rooms, ambulances, pharmacies, first aid centres and similar." Therefore, smoking is restricted in non-residential healthcare facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments" and "places set aside for minors under the age of eighteen." Therefore, smoking is restricted in childcare facilities and preschools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments" and "places set aside for minors under the age of eighteen." Therefore, smoking is restricted in primary and secondary schools.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "educational establishments, study or lecture halls, meeting rooms, libraries, gymnasiums and refectories." Therefore, smoking is restricted in universities and vocational facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of universities and vocational facilities.

Not Applicable
Not Applicable
Shops
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Shops are not among those places listed. As a result, the law is interpreted as permitting smoking in shops.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all shops.

Not Applicable
Not Applicable
Cultural facilities
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Cultural facilities would likely fall into several of these categories – libraries, lecture halls, entertainment halls, and “places for public assembly.” The term “places for public assembly” is not defined, however. Nonetheless, the law is interpreted as covering the range of cultural facilities, meaning that smoking in these places is restricted to certain areas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
Smoking is Restricted
“Smoking is Restricted”: Smoking is restricted in some way in the specified place or category of places. Restrictions could take one of the following forms: (1) smoking is restricted , under the national law, to “smoking rooms”, “smoking areas”, and/or during specified times in the specified place or category of places; (2) under the national law(s), smoking is restricted or prohibited in some types of places, within the category but not in all types of places within the category; or (3) where a country regulates public smoking primarily at the sub-national level, smoking is restricted or prohibited in the specified place or category of places in some sub-national jurisdictions but not in other sub-national jurisdictions.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places, including "covered sports areas," "entertainment halls," and "places for public assembly." This is interpreted as encompassing all indoor stadiums and arenas. Therefore, smoking is restricted in indoor stadiums and arenas.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Restaurants are not among those places listed. As a result, the law is interpreted as permitting smoking in restaurants.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Bars, pubs, and nightclubs are not among those places listed. As a result, the law is interpreted as permitting smoking in bars, pubs, and nightclubs.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in bars, pubs, and nightclubs.

Not Applicable
Not Applicable
Casinos
Uncertain
“Uncertain”: The smoke free status of the place is uncertain due to lack of clarity in the law or inability to obtain all relevant laws.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Casinos are not among those places listed; however, the list includes "entertainment halls," although this term is undefined. As a result, it is unclear whether smoking is restricted to certain areas in casinos as "entertainment halls," or whether there are no restrictions on smoking in casinos.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Hotels are not among those places listed. Therefore, the law is interpreted as allowing smoking in public areas of hotels.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of hotels and lodging.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Hotels are not among those places listed. Therefore, the law is interpreted as allowing smoking in hotel guest rooms.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in hotel guest rooms.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Prisons and detention facilities are not among those places listed. Therefore, the law is interpreted as allowing smoking in public areas of prisons and detention facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public areas of prisons and detention facilities.

Not Applicable
Not Applicable
Trains, buses and other shared ground transportation other than taxis
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "in vehicles used for public collective transport, urban transport of passengers, suburban vehicles and hire or tourist service vehicles." This is interpreted as prohibiting smoking in all shared ground transportation, including trains and buses.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in trains, buses, and other shared ground transportation.

Not Applicable
Not Applicable
Taxis (for-hire vehicle)
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking in "in vehicles used for public collective transport, urban transport of passengers, suburban vehicles and hire or tourist service vehicles." This is interpreted as prohibiting smoking in taxis.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in taxis.

Not Applicable
Not Applicable
Commercial aircraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law prohibits smoking on domestic flights and provides that international flights are subject to “international rules of aviation.” Most international carriers prohibit smoking onboard. Therefore, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial aircraft. For greater clarity, the law should be amended to specify that smoking is prohibited on both domestic and international commercial flights.

Not Applicable
Not Applicable
Commercial watercraft
100% Smoke Free
“100% Smoke Free”: 100% smoke free environment throughtout the entire premises of the listed place. "Smoking rooms" and "smoking areas" are not permitted.
Analysis

The law restricts smoking to uncovered designated smoking areas on maritime transport. Because all enclosed areas of commercial watercraft must be smoke free, the regulatory status “100% Smoke Free” is given.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking on commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
Smoking is Not Restricted
“Smoking is Not Restricted”: Smoking is allowed throughout the entire premises of the specified place or category of places.
Analysis

The law restricts smoking to designated smoking areas in certain enumerated public places. Public transport facilities are not among those places listed. As a result, the law is interpreted as permitting smoking in public transport facilities.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in public transport facilities.

Not Applicable
Not Applicable
Cape Verde
Does the law require any outdoor or quasi-outdoor spaces to be smoke free or restrict smoking in any way?
No
No
Not Applicable
Not Applicable
Cape Verde
Post signs
Yes
Yes
Analysis

Law No. 119/IV/95, Art. 5, imposes a duty to post no-smoking signs in smoke free areas. Violations are punishable by a fine from 10,000 to 100,000 escudos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines in that it imposes a penalty for failure to post signs in no smoking areas. To more fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the drafters of the law should consider imposing increased penalties for repeat violations and additional penalties such as license suspension or revocation.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty to remove ashtrays from smoke free places.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to remove ashtrays and impose appropriate penalties for violations.

Not Applicable
Not Applicable
Steps to require a person to stop smoking (e.g., warn, discontinue service, call authorities)
No
No
Analysis

The law does not impose a duty to take steps to require a person to stop smoking in a smoke free area.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon business owners, employers, or supervisors to take steps to require a person to stop smoking in a smoke free area and impose appropriate penalties for violations.

Not Applicable
Not Applicable
Not to smoke where prohibited
Yes
Yes
Analysis

The law imposes a duty upon individuals not to smoke in a smoke free area. Violations are punishable by a fine from 1,500 to 15,000 escudos.

The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines as it imposes a penalty for smoking in a smoke free place and imposes higher penalties on businesses that fail to enforce the ban than on individual smokers, who generally have fewer resources.

Not Applicable
Not Applicable
Other
No
No
Not Applicable
Not Applicable
Cape Verde
Are sub-national jurisdictions permitted to have smoke-free laws?
No
No
Not Applicable
Not Applicable