Second-hand smoking and the effects of smoking itself belong to some of the most discussed issues among scholars. The negative outcomes of smoking and second-hand smoking comprise of the ethical and medical issue and make it a combination of the factors in regards to the same case.
The moral considerations in regards to smoking were looked upon in 2005 when World Health Organization ratified Framework for Tobacco Control in more then 168 countries. Ever since, the question of the justification of the second-hand smoking came to the concert on the political and judicial level.
In the case mentioned above, moral justification should certainly be taken into account upon looking on judge’s decision. It should be mentioned that the nature of law and ethics are not always contradicting each other. When one looks at the particular case, it evidences that the ethical, moral and health issues are prevalent and do not contradict judge’s decision in any kind.
Without a doubt, the legal decision should be made based on the data, related to consequences related to health issues. Also, in this particular case the ethical part of the issue, as well as its health outcomes, are rather complimentary, as they are targeted at human rights. It is certainly one’s right to live in proper conditions where smoking will not harm one’s health. Moreover, the above mentioned cased presents the issue related to family matters and the health of a child. In there happens to be such contradiction between the two parents, not only health issues but also moral and ethical issues should be taken into account. The central point for resolving the case would be understanding the origins of human rights and the rights of children.
- Burnor, Richard, and Yvonne Raley. Ethical Choices: An Introduction to Moral Philosophy with Cases. New York: Oxford University Press, 2011.
- Ruggiero, Vincent Ryan. Thinking Critically About Ethical Issues. 9th ed. New York: McGraw-Hill, 2015. Print