ECHR ruled against Estonia’s total prison smoking ban, balancing health protection with inmate rights.
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The European Court of Human Rights ruled in November 2025 that Estonia’s total ban on smoking in prisons violated Article 8 of the European Convention on Human Rights, finding that the regulation went too far and failed to balance health protection with personal choice, despite the Estonian government’s aim to protect non-smokers. Other countries have different approaches: Austria considered a general ban but did not implement it; Greece has no comprehensive smoking bans in prisons; Italy’s courts emphasized prison authorities’ duty regarding smoke exposure leading to staff illness; and Poland allows smoking in residential cells with separation requirements, while Spain and France permit it in living quarters. Spanish data shows high rates of smoking among inmates, prompting initiatives like tobacco reduction plans in Catalonia.
