A/HRC/22/53
without medical evaluation, judicial review or right of appeal – offers no evidence-based23
or effective treatment. Detention and forced labour programmes therefore violate
international human rights law and are illegitimate substitutes for evidence-based measures,
such as substitution therapy, psychological interventions and other forms of treatment given
with full, informed consent (A/65/255, para. 31). The evidence shows that this arbitrary and
unjustified detention is frequently accompanied by – and is the setting for – egregious
physical and mental abuse.
Overview of developments to date
43.
The numerous calls by various international and regional organizations to close
compulsory drug detention centres,24 as well as the numerous injunctions and
recommendations contained in the recently released guidelines by WHO on
pharmacotherapy for opiate dependence,25 the UNODC policy guidance on the
organization‟s human rights responsibilities in drug detention centres,26 and resolutions by
the Commission on Narcotic Drugs,27 are routinely ignored.28 These centres continue to
operate often with direct or indirect support and assistance from international donors
without any adequate human rights oversight. 29
44.
Notwithstanding the commitment to scale-up methadone treatment and evidencebased treatment as opposed to punitive approaches, those remanded to compulsory
treatment in the punitive drug-free centres continue to exceed, exponentially, the number
receiving evidence-based treatment for drug dependence. 30
B.
Reproductive rights violations
45.
The Special Rapporteur has, on numerous occasions, responded to various initiatives
in the area of gender mainstreaming and combating violence against women, by, inter alia,
examining gender-specific forms of torture with a view to ensure that the torture protection
framework is applied in a gender-inclusive manner.31 The Special Rapporteur seeks to
complement these efforts by identifying the reproductive rights practices in health-care
settings that he believes amount to torture or ill-treatment.
46.
International and regional human rights bodies have begun to recognize that abuse
and mistreatment of women seeking reproductive health services can cause tremendous and
lasting physical and emotional suffering, inflicted on the basis of gender. 32 Examples of
such violations include abusive treatment and humiliation in institutional settings; 33
23
24
25
26
27
28
29
30
31
32
33
10
See for example WHO, UNODC, UNAIDS, Technical Guide for Countries to Set Targets for
Universal Access to HIV Prevention, Treatment and Care for Injecting Drug Users (WHO, 2009).
World Medical Association, “Call for compulsory drug Detention centers to be closed”, press
statement, 17 May 2011; United Nations entities, “Compulsory drug detention and rehabilitation
centres”, joint statement, March 2012.
See Wolfe and Saucier, “In rehabilitation‟s name”.
“UNODC and the promotion and protection of human rights”, position paper, 2012, p. 8.
Such as resolutions 55/12 (2012); 55/2 (2012) and 55/10 (2012).
See Wolfe and Saucier, “In rehabilitation‟s name”.
HRW, submission to the Special Rapporteur on the question of torture, 2012.
See Wolfe and Saucier, “In rehabilitation‟s name”.
See A/54/426, A/55/290.
CAT/C/CR/32/5, para. 7 (m); Human Rights Committee general comment No. 28 (2000), para. 11.
See Center for Reproductive Rights, Reproductive Rights Violations as Torture and Cruel, Inhuman,
or Degrading Treatment or Punishment: A Critical Human Rights Analysis (2011).
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