A/HRC/38/36
among others, lesbian, gay, bisexual, transgender and intersex persons, rebellious young
persons, drug users and women exercising their right to make choices concerning
pregnancy prevention and termination. Confinement has become an institutional response
to complex social problems, particularly affecting groups and communities left behind by
public and socioeconomic policies. Some argue that prison systems and institutions are
powerful instruments aimed at silencing the opposition or the “other”, through either
criminal sanctions or medical diagnosis and isolation.
9.
The latter part of the twentieth century was marked by a rapid increase in rates of
confinement within punitive legal and policy frameworks, including in relation to the drug
trade, that laid the foundation for modern day, fast-track prison pipelines. Rapid
deinstitutionalization in some countries, without corresponding investment in quality
community-based services, occurred in parallel. People living in poverty and/or belonging
to racial and ethnic minorities were caught in a widening punitive net with inadequate
social, economic and legal protections.
10.
The 2030 Agenda for Sustainable Development reflects the ambitious aspiration to
end the vicious cycle of hopelessness, violence, exclusion and discrimination by addressing
social inequalities and human rights so that no one, including persons confined or deprived
of their liberty, is left behind.5 There is strong evidence that any form of violence, including
inside prisons and centres of confinement, poses a risk for the full realization of the right to
health.6 Many promising innovations are prioritizing investment in early childhood, healthy
adolescence, competent parenting, good mental health and well-being, gender equality and
the protection of women from violence, giving hope that the world can and will become
less violent and that detention and confinement will decrease substantially.
11.
For the first time, the field of mental health, supported by the Convention on the
Rights of Persons with Disabilities other powerful political commitments, 7 is on the verge
of freeing itself from a pattern of coercion and institutionalization in mental health settings.
12.
Similarly, drug prohibition is increasingly acknowledged as a failed practice that has
devastating consequences in terms of the right to health. A growing number of countries
and municipalities are replacing punitive approaches to the use of drugs with modern
policies based on public health and human rights principles, including decriminalization or
legal regulation of drug markets and scaled-up investments in community-based social and
health-care services, including harm reduction.8 These promising trends give hope that the
practice of mass incarceration of drug users may end.
13.
New and stronger international political commitments to reduce incarceration where
appropriate have been established.9 A number of United Nations entities and human rights
mechanisms have called for the immediate closure of all compulsory drug detention centres
and/or movement towards the decriminalization of non-violent drug offences.10 The global
study on children deprived of liberty commissioned by the Secretary-General at the
5
6
7
8
9
10
4
For more on the 2030 Agenda in the context of the right to health, see A/71/304.
See, for example, World Health Organization, World Report on Violence and Health (2002).
See, for example, Human Rights Council resolution 36/13.
United Nations Development Programme, Reflections on Drug Policy and Its Impact on Human
Development: Innovative Approaches (2016).
For example, the Doha Declaration on Integrating Crime Prevention and Criminal Justice into the
Wider United Nations Agenda to Address Social and Economic Challenges and to Promote the Rule
of Law at the National and International Levels, and Public Participation.
See A/65/255; A/HRC/32/32; joint statement by United Nations entities on compulsory drug
detention and rehabilitation centres, issued in March 2012, available from
www.unodc.org/documents/southeastasiaandpacific//2012/03/drug-detentioncentre/JC2310_Joint_Statement6March12FINAL_En.pdf; joint United Nations statement on ending
discrimination in health-care settings, issued in July 2017, available from
www.unaids.org/sites/default/files/media_asset/ending-discrimination-healthcare-settings_en.pdf;
“Tackling the world drug problem: UN experts urge States to adopt human rights approach”, press
release, available from www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=
19833&LangID=E.
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