Second hand smoke is one of the biggest myths around. We allow heavy leeway for the sake of freedom and not to impose on others. And rightfully so. You have to be reasonable.
"Otherwise if children are under the law of the guardian"
So your calling it a child and you're already establishing a relationship of rights. By your rationale there should be no child guardian rights.
Do we have the right to lock up a criminal for committing a crime? Or does that violate his rights? No, It directly violates a decent society and decent behavior.
"I like video games, but they are very violent. I want to create a video game in which you have to help all the characters who have died in the other games. 'Hey, man, what are you playing?' 'Super Busy Hospital. Could you leave me alone? I'm performing surgery. This guy got shot in the head like 27 times." - Demetri Martin