Introduction:
In Poland 39% of 8 mln smokers admit to smoke in the presence of children and pregnant women. Many children suffer from secondhand smoke when they are carried in the private cars. Smoke concentration in these vehicles exceeds concentrations found in smokers’ houses. There are examples of countries where the ban of smoking in cars was established.

Methods:
We have analyzed if ban on smoking in private cars when children are present is feasible with Polish law. We have checked international treaties( ex. Convention on the Rights of the Child, FCTC) , Polish constitution and national law (ex. civil code, road traffic law, tobacco control law) looking for any conflicts of laws.

Results:
Not only ban on smoking in cars when children are present is feasible with all the laws in Poland but also existing regulations encourage legislator to establish laws which will better protect the rights of children. We have established that the right to health is human right superior to other rights including right to harm oneself and right to privacy.

Conclusions:
Children in private cars are not protected in sufficient way. The ban on smoking in these premises could limit passive smoking. As a result of this analysis authors proposed the amendment to the polish tobacco control act which was submitted to Ministry of Health and now is under legislation process.