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Tobacco and Public Health - TCSC Indonesia

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RON BORLAND AND CLAIRE DAVEY 711<br />

What drives the introduction of, <strong>and</strong> compliance with, bans?<br />

Under what conditions will there be action to reduce passive smoking? The answer to<br />

this question can best be answered by attempting to underst<strong>and</strong> the diversity of<br />

responses to the problem both within <strong>and</strong> between jurisdictions. First of all, a necessary<br />

condition for action is awareness of the evidence of harm at levels that warrant<br />

action. The awareness could be at the level of the informed public or the general public,<br />

<strong>and</strong> may or may not include institutional acceptance of the risk. There is no doubt<br />

that authoritative government sponsored reviews can play a major role. For example,<br />

the Australian NHMRC (1987) led to immediate government administrative action to<br />

control smoking in government offices, but not to legislative moves to restrict smoking<br />

in other workplaces.<br />

The likelihood of government action (where it has jurisdiction) will be a function of<br />

the nature of the proposed action <strong>and</strong> of the views of key stakeholders. In particular, it<br />

will be more difficult to enact rules where there is an expectation that it will compel<br />

behaviour change than where the rules are more symbolic.<br />

Cultural expectations surrounding laws or policies appears to be a major factor influencing<br />

compliance. In some countries rules are put in place to announce a new<br />

aspiration or goal of policy makers. Any public education <strong>and</strong>/or moves to enforce compliance<br />

follows formal implementation. A major role for activists is to encourage<br />

compliance. By contrast other countries only impose laws when they believe that there is<br />

public support for high compliance, <strong>and</strong> in these cases public education precedes implementation<br />

<strong>and</strong> there are strong expectations about high compliance at the point of<br />

implementation <strong>and</strong> typically enforcement mechanisms to ensure this happens. French<br />

tobacco-control expert Gerard Dubois has observed that countries influenced by anglosaxon<br />

legal traditions tend to follow the latter path, while much of the rest of the world,<br />

most notably those influenced by southern European traditions, favour the former. Thus<br />

in a country like France, a law restricting smoking in enclosed places was passed with<br />

a minimum of fuss because there was no real expectation that it would be enforced<br />

(at least in the short term), while in countries like the US, new laws are often strongly<br />

opposed by vested interests, because the expectation is that they will be enforced.<br />

Compliance with smoke-free legislation <strong>and</strong> bans can likewise vary substantially<br />

between countries. In countries such as North America, Australasia, <strong>and</strong> northern<br />

Europe, changes to smoking regulations that have used a combination of legislation <strong>and</strong><br />

efforts to modify public attitudes have generally decreased exposure to environment<br />

tobacco smoke. However, the existence of legislation in some countries has not had the<br />

same impact <strong>and</strong> this may reflect the variety of cultural <strong>and</strong> sociological factors alluded<br />

to above (Serra et al. 2000). Serra et al. concluded that the most effective interventions<br />

for preventing smoking in public places were those where the institutions concerned<br />

developed, resourced <strong>and</strong> supported comprehensive programmes to achieve compliance<br />

with their policy decisions to ban smoking.

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