Because international community realized the seriousness of tobacco hazards for human being, the Assembly of World Health Organization (WHO) passed the WHO Framework Convention on Tobacco Control (FCTC) in 2003, in order effectively to control wide spread and use of tobacco under globalization. Taiwan Government ratified FCTC in 2005, and modified its domestic law, Tobacco Hazards Prevention Act, for the purpose of reaching the standard of international regulations of tobacco control. Although the main goal of tobacco control aims for the protection of national health, it is still not easy for individual to claim his right against tobacco hazards with the regulations of tobacco control, since national health is always regarded as public interest, which is not subjective right but impersonal order under Constitutional Law. Therefore, it is necessary to confirm right to health under human rights law, so individual could invoke his right and ask for remedy as facing tobacco hazards. However, although the intension of health is still abstract, the individual could ask for remedy and confirm the responsibility of the State once the State fails to fulfill its obligation to protect and obligation to fulfill, instead of proving the relation between cause and the damage of individual’s health. What’s more, as right to health involves with the issue of tobacco hazards, it is possible to identify the scope of right to health by FCTC that could be regarded as the minimum standard of tobacco hazard prevention.