A/HRC/10/44
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Rights in respect to the question of the death penalty and request a more comprehensive
legal study on the compatibility of the death penalty with the right not to be subjected to
cruel, inhuman or degrading punishment under present human rights law.
IV. APPLYING A HUMAN RIGHTS-BASED APPROACH TO
DRUG POLICIES
A. International drug policies and human rights: two separate issues
49. A number of human rights have been affected by how drug control policies are currently
shaped, both at the international and national levels. This is particularly true for the two ends of
the “drug continuum”, which share the brunt of the burden of current drug-control policies: the
production side, because those who cultivate the plants used to produce narcotic drugs depend on
them for their livelihood; and the consumer side (currently 26 million people - about 0.6 per cent
of the planet’s adult population), because it runs a greatly increased risk of discrimination,
criminalization and, as a result, of falling victim to a large range of human rights violations.
50. Contemporary drug policies have also diverted attention, and much-needed resources, from
the public health sphere. For instance, the United Nations Office on Drugs and Crime, the main
United Nations department working on drug control, in its World Drug Report 2008, concluded
that “public health, the first principle of drug control, has receded from that position,
overshadowed by the concern with public security”.32
51. While the three major conventions relating to drugs, although referring to prevention and
rehabilitation,33 left it to individual States to devise their policies in this area, the international
drug control system has evolved practically detached from the United Nations human rights
machinery, which could have provided valuable guidance on how the above references should be
interpreted, taking into account international human rights norms. As a result, only in 1998 did
the Declaration on the Guiding Principles of Demand Reduction include a reference to human
rights and the Universal Declaration of Human Rights and highlighted principles such as
participation of the community, sensitivity to culture and gender.34 In addition, the annual
General Assembly resolutions on countering the world drug problem include references to
human rights and the Charter of the United Nations.35
32
See the “second unintended consequence” in the World Drug Report 2008, p. 216.
33
For example, the Single Convention on Narcotic Drugs 1961, arts. 36.1.b and 38; the
Convention on Psychotropic Substances, 1971, arts. 20 and 22; and the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988,
art. 3.4. b, c, and d.
34
General Assembly resolution S-20/3, annex, para. 8.
35
For example, General Assembly resolution 62/176, para. 1.
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