A/HRC/22/53
(f)
Ensure special protection of minority and marginalized groups and
individuals as a critical component of the obligation to prevent torture and illtreatment126 by, inter alia, investing in and offering marginalized individuals a wide
range of voluntary supports that enable them to exercise their legal capacity and that
fully respect their individual autonomy, will and preferences.
1.
Denial of pain relief
86.
The Special Rapporteur calls upon all States to:
(a)
Adopt a human rights-based approach to drug control as a matter of
priority to prevent the continuing violations of rights stemming from the current
approaches to curtailing supply and demand (A/65/255, para. 48). Ensure that
national drug control laws recognize the indispensible nature of narcotic and
psychotropic drugs for the relief of pain and suffering; review national legislation and
administrative procedures to guarantee adequate availability of those medicines for
legitimate medical uses;
(b)
Ensure full access to palliative care and overcome current regulatory,
educational and attitudinal obstacles that restrict availability to essential palliative
care medications, especially oral morphine. States should devise and implement
policies that promote widespread understanding about the therapeutic usefulness of
controlled substances and their rational use;
(c)
Develop and integrate palliative care into the public health system by
including it in all national health plans and policies, curricula and training programmes
and developing the necessary standards, guidelines and clinical protocols.
2.
Compulsory detention for medical reasons
87.
The Special Rapporteur calls upon all States to:
(a)
Close compulsory drug detention and “rehabilitation” centres without
delay and implement voluntary, evidence-based and rights-based health and social
services in the community. Undertake investigations to ensure that abuses, including
torture or cruel, inhuman and degrading treatment, are not taking place in privatelyrun centres for the treatment of drug dependence;
(b)
Cease support for the operation of existing drug detention centres or the
creation of new centres. Any decision to provide funding should be made only
following careful risk assessment. If provided, any such funds should be clearly timelimited and provided only on the conditions that the authorities (a) commit to a rapid
process for closing drug detention centres and reallocating said resources to scaling up
voluntary, community-based, evidence-based services for treatment of drug
dependence; and (b) replace punitive approaches and compulsory elements to drug
treatment with other, evidence-based efforts to prevent HIV and other drug-related
harms. Such centres, while still operating as the authorities move to close them, are
subject to fully independent monitoring;
(c)
Establish an effective mechanism for monitoring dependence treatment
practices and compliance with international norms;
126
22
See Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 43 (a)-(f).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents