The Framework Convention on Tobacco Control, ten years later: the regulatory function of OMS to the rescue of global health?

Abstract

This article analyzes the implementation of the Framework Convention on Tobacco Control (FCTC) ten years after its entry into force in 2005, when it was received as a binding legal healthy, innovative and international, instrument. Considered as a symptom of the strong normative function of the World Health Organization (WHO), in accordance with Article 19 of its Constitution, the FCTC could respond to the expectation to become an example to be followed in the creation of new legal instruments of global health. After analyzing the influence of the Convention in national legal systems and its impact on the health of individuals, this article examines the elements that contributed to its approval and the continuing difficulties for its implementation. The analysis shows that if the results in the fight against smoking are promising, based on the experience of the FCTC, some lessons were learned: first, to improve the monitoring and control system to implement the Convention; and second, to consider new ambitious instruments in other areas of health. It seems that these instruments should be adapted to the specific contexts of each health challenge. More generally, in the context of reform, this article demonstrates that the proper use of the normative function offers a response to the criticism being made to WHO, questioning its legitimacy and credibility as an institution focused on global health.