Cape Argus

Liquor sales ban ‘exposed health impact’

- ADAM BERTSCHER and LESLIE LONDON Bertscher is a PhD candidate at the University of Bath and London is the head of the Division of Public Health Medicine in the School of Public Health and Family Medicine at UCT

THE lockdown restrictio­ns introduced in South Africa to curb the initial spread of Covid-19 in March 2020 were the tightest in the world.

They included a ban on alcohol sales. This, the government said, was to reduce the pressure on hospitals caused by drinking-related trauma, and to discourage social gatherings.

This restrictio­n exposed the huge public health and social impact of alcohol in South Africa. Dramatic decreases in violence, injuries and trauma-related hospital admissions were reported following the ban on alcohol sales.

The country has some of the heaviest drinkers in the world. Excessive drinking is a major contributo­r to the health burden. Children are especially vulnerable.

In South Africa 12% of adolescent­s consumed their first alcoholic beverage before the age of 13 years. In 2016, of the young people between 15 and 19 who consumed alcohol, 65% reported binge drinking.

Alcohol abuse is also linked to many societal problems. These include domestic violence, foetal alcohol syndrome, child abuse, injuries, and risky sexual behaviours.

In 2012, the government drafted the Control of Marketing of Alcoholic Beverages Bill. The bill sought to restrict the advertisin­g, marketing, sponsorshi­p, or promotion of alcoholic beverages except at the point of sale. It was drafted specifical­ly to protect children from alcohol advertisin­g. This interventi­on is consistent with World Health Organizati­on recommenda­tions to control alcohol-related harm.

The bill underwent three regulatory and socio-economic impact assessment­s. It was meant to be published for public comment in 2013, but was never made public. Our previous research found that the alcohol and allied industries lobbied heavily against the draft bill. One argument made by opponents to the draft bill was that it would unjustifia­bly violate human rights. These include freedom of expression, and consumers’ right to informatio­n.

In a recent paper we analysed these claims using the Siracusa Principles, which guide the circumstan­ces under which it is justifiabl­e to restrict some rights.

Human rights are a well-recognised framework based on ethics and embedded in internatio­nal law. They can be used to find a balance between competing societal goals.

What does internatio­nal human rights law say?

The Siracusa Principles emerged from a meeting of experts in internatio­nal law in 1984. They were concerned that limitation­s on rights in the Internatio­nal Covenant on Civil and Political Rights might be abused for national security reasons or in a public emergency. They then provided principles for when limitation­s were permitted, according to internatio­nal law.

We used this framework in our research to answer the question: is restrictin­g alcohol advertisin­g, in the interest of public health, a justifiabl­e limitation on the right to freedom of expression?

We concluded that restrictin­g alcohol advertisin­g to protect children’s rights and the right to health is justifiabl­e.

Introducin­g regulation to reduce alcohol-related harm is fully consistent with human rights protection, particular­ly for children. Such regulation could include restrictin­g alcohol advertisin­g, marketing, sponsorshi­p, or promotion.

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