A/HRC/22/53
indicated that the International Covenant on Economic, Social and Cultural Rights
proscribes any discrimination in access to health-care and the underlying determinants of
health, as well as to means and entitlements for their procurement, on the grounds of sexual
orientation and gender identity. 17
IV. Emerging recognition of different forms of abuses in healthcare settings
39.
Numerous reports have documented a wide range of abuses against patients and
individuals under medical supervision. Health providers allegedly withhold care or perform
treatments that intentionally or negligently inflict severe pain or suffering for no legitimate
medical purpose. Medical care that causes severe suffering for no justifiable reason can be
considered cruel, inhuman or degrading treatment or punishment, and if there is State
involvement and specific intent, it is torture.
A.
Compulsory detention for medical conditions
40.
Compulsory detention for drug users is common in so-called rehabilitation centres.
Sometimes referred to as drug treatment centres or “reeducation through labor” centres or
camps, these are institutions commonly run by military or paramilitary, police or security
forces, or private companies. Persons who use, or are suspected of using, drugs and who do
not voluntarily opt for drug treatment and rehabilitation are confined in such centres and
compelled to undergo diverse interventions. 18 In some countries, a wide range of other
marginalized groups, including street children, persons with psychosocial disabilities, sex
workers, homeless individuals and tuberculosis patients, are reportedly detained in these
centres.19
41.
Numerous reports document that users of illicit drugs who are detained in such
centres undergo painful withdrawal from drug dependence without medical assistance,
administration of unknown or experimental medications, State-sanctioned beatings, caning
or whipping, forced labour, sexual abuse and intentional humiliation. 20 Other reported
abuses included “flogging therapy”, “bread and water therapy”, and electroshock resulting
in seizures, all in the guise of rehabilitation. In such settings, medical professionals trained
to manage drug dependence disorders as medical illnesses 21 are often unavailable.
42.
Compulsory treatment programmes that consist primarily of physical disciplinary
exercises, often including military-style drills, disregard medical evidence (A/65/255,
paras. 31, 34). According to the World Health Organization (WHO) and the United Nations
Office on Drugs and Crime (UNODC), “neither detention nor forced labour have been
recognized by science as treatment for drug use disorders”.22 Such detention – frequently
17
18
19
20
21
22
General comment No. 14 (2000), para. 18.
See World Health Organization (WHO), Assessment of Compulsory Treatment of People Who Use
Drugs in Cambodia, China, Malaysia and Viet Nam (2009).
Human Rights Watch (HRW), Torture in the Name of Treatment: Human Rights Abuses in Vietnam,
China, Cambodia, and LAO PDR (2012), p. 4.
See Daniel Wolfe and Roxanne Saucier, “In rehabilitation‟s name? Ending institutionalized cruelty
and degrading treatment of people who use drugs”, International Journal of Drug Policy, vol. 21, No.
3 (2010), pp. 145-148.
United Nations Office on Drugs and Crime (UNODC) and WHO, “Principles of drug dependence
treatment”, discussion paper, 2008.
Ibid., p. 15.
9
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