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Term --FCTC-Based Definition Palestine
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

Neither the Anti-smoking Law nor Anti-smoking Regulations contain a definition of "workplace." The law prohibits smoking in many types of workplaces without specifically using this term. The failure to use and define the term "workplace" could hinder implementation of FCTC Art. 8 obligations to adopt effective measures to protect from exposure to tobacco smoke in the workplace.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all indoor workplaces and define this term in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Neither the Anti-Smoking Law nor the regulations contain a definition of "public transport." Smoking is prohibited on public transport and the failure to define this key term could hinder enforcement of this provision.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public transport" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

Neither the Anti-Smoking Law nor the regulations contain a definition of "second hard smoke." However, a definition is not strictly necessary in order to interpret the law, as the law prohibits "smoking" in public places rather than protecting from "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)

Defined
Yes
Analysis

The definition of "smoking" in the Anti-Smoking Regulations is narrower than the definition provided in the FCTC because it encompasses only the concept of "using" a tobacco product but not "being in possession or control" of a tobacco product. However, the definition in the regulations is also broader because it includes "chewing" a tobacco product as well as using smoked tobacco products.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law and/or regulations should contain a definition of "smoking" or "smoke" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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)

Defined
Yes
Analysis

The definition of "public place" contained in the Anti-Smoking Law does not align with the definition provided in the FCTC Art. 8 Guidelines. The definition in the law lists types of place that are enclosed, rather than defining the term broadly to address public accessibility and collective use.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "public place" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

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

The Anti-Smoking Law and the Anti-Smoking Regulations each contain a definition of "tobacco." These definitions together align with the definition in FCTC Art. 1(f). Although the definitions state that they encompass tobacco products used for "smoking", the definition of "smoking" includes "use, inhalation or chewing" of tobacco; therefore, all types of tobacco products are covered.

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)

Defined
Yes
Analysis

The Anti-Smoking Law does not contain a definition of "indoor" or "enclosed." However, the law does contain a definition of "public place" that encompasses the concept of "enclosed." Under the law, a "public place" is a place "with no ventilation to let the air in except through specific windows", i.e., enclosed. This concept of "enclosed" does not align with definition of "enclosed" in the FCTC Art. 8 Guidelines, which includes places that have only a roof or only one or more walls.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should contain a definition of "indoor" or "enclosed" in accordance with the definition provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Palestine
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 Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad, using a list runs the risk of, perhaps inadvertently, failing to list a type of place. For example, here, it is unclear if hotel guestrooms - which are workplaces for some - are covered by the list. Therefore, the regulatory status "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, public places and public transport, and define these terms in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

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 Anti-Smoking Law prohibits smoking in "public places." The Anti-Smoking Regulations further elaborate that smoking is prohibited in public places, including a list of types of places set out in the regulations. While the categories listed in the regulations are broad, using a list runs the risk of, perhaps inadvertently, failing to list a type of place. For example, here, it is unclear if hotel guestrooms are covered by the list. Therefore, the regulatory status "Smoking is Restricted" is given.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should prohibit smoking in all parts of all indoor workplaces, public places and public transport, and define these terms in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, all public transport is smoke free.

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

Not Applicable
Not Applicable
Government facilities
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." Therefore, all government facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in government facilities.

Not Applicable
Not Applicable
Private offices
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "government buildings, businesses, institutions belonging to the general public and mixed sectors, and branches and offices thereof." Therefore, smoking is prohibited in private offices. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in private offices.

Not Applicable
Not Applicable
Hospitals
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in hospitals.

Not Applicable
Not Applicable
Residential healthcare facilities - public areas
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, healthcare facilities, including their public areas, are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of healthcare facilities.

Not Applicable
Not Applicable
Non-residential healthcare facilities
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in, among other places, "hospitals" and "health institutions." Therefore, non-residential healthcare facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in non-residential healthcare facilities.

Not Applicable
Not Applicable
Childcare facilities/preschools
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, childcare facilities and preschools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in childcare facilities and preschools.

Not Applicable
Not Applicable
Primary and secondary schools
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, primary and secondary schools are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in primary and secondary schools.

Not Applicable
Not Applicable
Universities/vocational facilities
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited in "kindergartens, nurseries, schools, universities . . . and all educational . . . institutions." Therefore, universities and vocational facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in universities and vocational facilities.

Not Applicable
Not Applicable
Shops
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed markets and shops." The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in shops.

Not Applicable
Not Applicable
Cultural facilities
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all cultural facilities are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in cultural facilities.

Not Applicable
Not Applicable
Indoor stadium/arenas
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "enclosed spaces where social, cultural and sport activities take place." Therefore, all indoor stadiums and arenas are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in indoor stadiums and arenas.

Not Applicable
Not Applicable
Restaurants
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." Therefore, restaurants are smoke free. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in restaurants.

Not Applicable
Not Applicable
Bars/pubs/nightclubs
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted a including bars, pubs and nightclubs. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in bars, pubs and nightclubs.

Not Applicable
Not Applicable
Casinos
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "facilities for the manufacture, processing, sale and handling of food intended for human consumption." This is interpreted as including casinos. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in casinos.

Not Applicable
Not Applicable
Hotels/lodging - public areas
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels and their public areas. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public areas of hotels.

Not Applicable
Not Applicable
Hotels/lodgings - guest rooms
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "businesses, institutions belonging to the general public and mixed sectors." This is interpreted as including hotels. However, because guest rooms of hotels are not explicitly addressed, the regulatory code "Uncertain" 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 and workplaces, including hotel guestrooms. To clarify the scope of the ban and aid in enforcement, the law should contain definitions of "workplace" and "public place" in accordance with the definitions provided in the FCTC Art. 8 Guidelines.

Not Applicable
Not Applicable
Prisons/detention facilities - public areas
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, "on the premises of government buildings." This is interpreted as covering public areas of prisons and detention facilities, as these are government facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to 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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in trains, buses and other shared ground transportation is prohibited. 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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in taxis is prohibited. 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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial aircraft is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial aircraft.

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 Anti-Smoking Law prohibits smoking in "public places," which is defined to include "public transport." The Anti-Smoking Regulations further elaborate that smoking is prohibited in "means of mass and public transportation, whether by land, sea or air, on domestic or overseas routes, trips and flights." Therefore, smoking in commercial watercraft is prohibited. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in commercial watercraft.

Not Applicable
Not Applicable
Public transport facilities (waiting areas for mass transit)
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 Anti-Smoking Law prohibits smoking in public places. The Anti-Smoking Regulations further elaborate that smoking is prohibited, among other places, in "airports, seaports and passenger stations." This is interpreted as including all public transport facilities. The law aligns with FCTC Art. 8 and the FCTC Art. 8 Guidelines with respect to smoking in public transport facilities.

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

The law does not impose a duty upon business owners, employers or supervisors to post no-smoking signs where smoking is prohibited. 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 post no-smoking signs where smoking is prohibited. The law should impose penalties for violations including fines, license suspension or revocation, or other penalties, commensurate with the severity of the violation and impose increased penalties for repeat violations.

Not Applicable
Not Applicable
Remove ashtrays
No
No
Analysis

The law does not impose a duty upon business owners, employers or supervisors to remove ashtrays. 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. The law should impose penalties for violations including fines, license suspension or revocation, or other penalties, commensurate with the severity of the violation and impose increased penalties for repeat 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 upon business owners, employers or supervisors to take steps to require a person to stop smoking in a non-smoking 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. The law should impose penalties for violations including fines, license suspension or revocation, or other penalties, commensurate with the severity of the violation and impose increased penalties for repeat violations.

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

The law imposes a duty upon smokers not to smoke where prohibited. Violators are subject to a fine between 20 and 100 dinars and/or imprisonment up to one week.

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