A/HRC/10/44
page 24
74. Regarding the review process, decided by the General Assembly at its special session
in 1998, to be held in Vienna in March 2009, the Special Rapporteur recommends that
States and the relevant United Nations agencies reassess their policies, bearing in mind the
following points:
(a) States should ensure that their legal frameworks governing drug dependence
treatment and rehabilitation services are in full compliance with international human
rights norms;
(b) States have an obligation to ensure that drug dependence treatment as well as
HIV/hepatitis C prevention and treatment are accessible in all places of detention and that
drug dependence treatment is not restricted on the basis of any kind of discrimination;
(c) Needle and syringe programmes in detention should be used to reduce the risk
of infection with HIV/AIDS; if injecting drug users undergo forcible testing, it should be
carried out with full respect of their dignity;
(d) States should refrain from using capital punishment in relation to drug-related
offences and avoid discriminatory treatment of drug offenders, such as solitary
confinement;
(e) Given that lack of access to pain treatment and opioid analgesics for patients in
need might amount to cruel, inhuman and degrading treatment, all measures should be
taken to ensure full access and to overcome current regulatory, educational and attitudinal
obstacles to ensure full access to palliative care.
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