87.40 Evidence-based law making. the case of Mexican general tobacco control legislation:  The legal basis for evidence based health policy

Wednesday, April 29, 2009
Sadrivaan A and B (The Hilton Istanbul Hotel )
Ector Jaime Ramírez-Barba Sr. Mexican Chamber of Commons, Mexico
Ernesto Saro-Boardman Sr. Mexican Senate, Mexico
Arturo Vázquez-Guerrero Sr. Mexican Chamber of Commons, Mexico
Miguel Angel Vázquez-Guerrero Mexican Chamber of Commons, Mexico
Background
In Mexican legal system designing and implementing public policy requires the existence of a legal basis. On May 30th 2008 National Tobacco Control Law (NTCL) was published protecting 103 million mexicans against exposure to tobacco smoke. Objective. To describe the design process, content, approval and congruence of NTCL with World Health Organization Framework Convention on Tobacco Control (WHO-FCTC).
Methods
Revision of the design, construction, parliamentary and presidential approval process of NTCL. Exposition of it’s content and congruence with WHO-FCTC.
Results
NTCL is the result of a systematic review of best evidence available underwent by a transdisciplinary work-group (epidemiologists, law-makers, policy-makers, M. Sc., Ph D’s and academic staff of National Public Health Institute). Nongovernmental organizations, members of the civil society, state officers and legislative authorities participated in the discussion process and draft-making. It addresses non-price measures to reduce the demand for tobacco, namely: protection from exposure to tobacco smoke;  regulation of the contents of tobacco products;  regulation of tobacco product disclosures; packaging and labelling of tobacco products; education, communication, training and public awareness; tobacco advertising, promotion and sponsorship; and, demand reduction measures concerning tobacco dependence and cessation; illicit trade in tobacco products; and sales to and by minors. It was approved by 87% of Congressmen and published without presidential veto nor modifications.
Discussion
NTCL is an evidence-based nation-wide regulation that reaffirms the right of 103 million Mexicans (13 million smokers) to the highest standard of health. It represents a paradigm shift in developing a legislative strategy to address tobacco epidemic. It addresses all non price measures WHO-FCTC establishes, and core supply reduction provisions. Price, tax and economic provisions pertain to other non-sanitary regulation. Mexican State complies with three-year period measures established by WHO-FCTC and from now on has solid legislation assuring effective policy development.

Learning Objectives: Recogniza the importance of evidence based law and public policy design and making

Sub-Theme: Public Health and Research: Evidence Based Policy on Health