Smoking in prisons in Europe: where is it allowed?

In discussions on smoking, the usual topics are squares, restaurants, offices or public transport. Prisons are rarely thought of, yet there the issue takes on a completely different dimension, intertwining public health, law and human dignity. A recent ruling by the European Court of Human Rights (ECHR) has turned the spotlight on an often overlooked issue: a total ban on smoking in prison may violate the fundamental rights of prisoners, including the right to privacy enshrined in Article 8 of the European Convention on Human Rights. The decision, taken in the case Vainik and others v. Estonia, shows how thin the line is between health protection and respect for personal autonomy in a context already severely restricted by imprisonment.

In Estonia, where a total ban on smoking in prisons has been in place since 2017, prisoners complained of physical and psychological suffering related to tobacco withdrawal: anxiety, insomnia, irritability and weight gain. But the issue is not only biological. The cigarette, within the prison, often represents one of the last spaces of control over one's life, a small gesture that allows one to retain a sense of autonomy in a context of total restriction. The ECHR ruled that the absolute ban, although aimed at protecting health, was disproportionate and not accompanied by less invasive alternative solutions, suggesting the need to balance the right to health and the right to personal dignity.

In Greece, the situation appears similar. There is no law explicitly prohibiting smoking in prisons: the general rules against smoking in enclosed spaces do not cover detention facilities, and inmates can buy cigarettes in indoor kiosks. Experts and trade unions have been discussing possible compromises for years: spaces reserved for smoking, assisted cessation programmes, reasoned restrictions to protect non-smokers without nullifying the residual freedom of inmates. The tension between health protection and respect for individual rights is evident, and the debate remains open.

Looking at the rest of Europe, a varied picture emerges. In Spain, smoking is allowed in cells and courtyards, while common areas remain prohibited. Data from the Ministry of Health show that more than 70 per cent of adult prisoners smoke regularly, a percentage that rises to 80 per cent among young people under 25. Some regions, such as Catalonia, have launched plans to reduce consumption, offering medical counselling, educational courses and a choice between smoking and non-smoking cells. In France, smoking is banned in common areas but allowed in cells, while overcrowding makes it difficult to separate smokers and non-smokers. Even in Italy, where the law has prohibited smoking in premises open to the public since 2003, there is widespread smoking in prisons and only recent court rulings have reminded the authorities of their duty to protect the health of staff exposed to passive smoking.

The problem does not only affect inmates. World Health Organisation studies show that tobacco consumption among prisoners remains among the highest of all locked-up populations. Prison conditions - limited space, poor ventilation, psychological stress - amplify exposure to active and passive smoking, while traditional anti-tobacco campaigns struggle to produce significant effects. The challenge is therefore twofold: to reduce health risks without further restricting already limited freedoms.