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Can I smoke in the Internet cafe?
18. Although the exact definition of "public place" varies from jurisdiction to jurisdiction, it is important that the legal definition of this term should be as broad as possible. The definition used should cover all places accessible to the public or places for collective use, regardless of their ownership or access rights.
"Indoor" or "closed"
19. Article 8 Smoking is prevented in "indoor" workplaces and public places. Because there may be traps when defining "indoor" areas, we should study the experience of defining this term in various countries. The definition should be as comprehensive and clear as possible, and care should be taken to avoid listing in the definition to prevent it from being interpreted as excluding potential "indoor" areas. It is suggested that an "indoor" (or "enclosed") area is defined as any space surrounded by a roof or one or more walls or sides, no matter what materials are used for the roof, walls or sides, and no matter whether the structure is permanent or temporary.
"workplace"
"Workplace" should be broadly defined as "any place used by the public during employment or work". This includes not only paid work but also voluntary work, as long as the latter is usually paid work. In addition, "workplace" includes not only the place where work is carried out, but also the affiliated or associated places used by staff during employment, such as corridors, elevators, stairwells, halls, joint facilities, cafes, toilets, lounges, restaurants and ancillary buildings, such as sheds and temporary buildings. Vehicles used during work also belong to the workplace and should be specifically identified accordingly.
2 1. Workplaces that are also personal residences or residences, such as prisons, mental hospitals or sanatoriums, should be seriously considered. These places also include other people's workplaces, and they should be protected from exposure to tobacco smoke.
Scope of effective law
Article 8 requires effective measures to prevent exposure to tobacco smoke in (1) indoor workplaces, (2) indoor public places, (3) public transport and (4) "when appropriate" and "other public places".
24. This imposes an obligation to provide universal protection. To this end, we should ensure that all indoor public places, all workplaces, all public transport and other possible (indoor or quasi-outdoor) public places are not exposed to second-hand smoke. There is no exemption for health or legal reasons. If immunity must be considered for other reasons, it should be reduced to a minimum. In addition, if the contracting parties cannot implement universal coverage immediately, Article 8 stipulates that they are always obliged to cancel any exemption as soon as possible and provide universal protection. Each contracting party shall provide universal protection within five years after the entry into force of the WHO Framework Convention for that contracting party.
25. There is no second-hand smoke that meets safety standards, and as the Conference of the Parties acknowledged in the previous decision FCTC/COP 1( 15), engineering and technical guidelines such as ventilation, ventilation and use of designated smoking areas cannot avoid exposure to tobacco smoke.
26. Protection should be provided in all indoor or closed public places, including motor vehicles (such as taxis, ambulances or delivery trucks) used in the workplace.
The wording of the Convention requires that protective measures should be taken "when appropriate" not only in all "indoor" public places, but also in "other" (outdoor or quasi-outdoor) public places. In order to ensure the outdoor and quasi-outdoor public places where the law is applicable, the contracting parties should consider the evidence that there may be health hazards in various environments, and implement the most effective protection to prevent contact with such hazards when there is evidence that the hazards exist.
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