A/HRC/30/65
young, illiterate and single mothers who have to take care of their children and other family
members.66
53.
It has been reported that women who use drugs may, depending on the laws and
policies in force, face losing custody of their children, forced or coerced sterilization,
abortion or criminal penalties for using drugs during pregnancy. In certain States, women
who use drugs may be subject to detention during their pregnancy. Women who use drugs
may not receive the appropriate care when they are pregnant. 67 WHO has published
guidelines for the identification and management of substance use and related disorders
during pregnancy.
54.
Discrimination may exist in women’s prisons where harm reduction, including
opium substitution therapy, may not be available.68 The Committee on the Elimination of
Discrimination against Women has recommended that States provide gender-sensitive and
evidence-based drug treatment services, including harm reduction programmes for women
in detention, to reduce the harmful effects of drug use (see CEDAW/C/GEO/CO/4-5, para.
31 (e)).It has been reported that women who use drugs are often the targets of violence,
including sexual violence, perpetrated by their partners and law enforcement officers.
Women may be forced to have sex to avoid arrest or punishment by law enforcement
officers.69 Women who use drugs and who are also sex workers are reported to be even
more vulnerable.70
V. Rights of the child
55.
Article 33 of the Convention on the Rights of the Child provides that States parties
shall take all appropriate measures to protect children from the illicit use of narcotic drugs
and psychotropic substances as defined in the relevant international treaties, and to prevent
the use of children in the illicit production and trafficking of such substances.
56.
In its general comment No. 3 (2003) on HIV/AIDS and the rights of the child, the
Committee on the Rights of the Child noted that, in most countries, children have not
benefited from HIV prevention programmes related to substance use and that, where HIV
prevention programmes exist, they have largely targeted adults. It observed that injecting
practices using unsterilized instruments increase the risk of HIV transmission and that
programmes and policies aimed at reducing substance use and HIV transmission must
recognize the particular sensitivities and lifestyles of children. In its general comment No.
15 (2013) on the right of the child to the enjoyment of the highest attainable standard of
health, the Committee endorsed harm reduction as an important approach to minimizing the
negative health impacts of substance abuse. It called for children to benefit from harm
reduction programmes in its concluding observations (see CRC/C/UKR/CO/4, para. 59,
CRC/C/AUT/CO/3-4, para. 51, and CRC/C/ALB/CO/2-4, para. 63 (b)).
57.
The Committee has recommended that children receive accurate and objective
information on drugs. It has called for children who use drugs not to be subjected to
66
67
68
69
70
14
Count the Costs, “The war on drugs: promoting stigma and discrimination”, pp. 8-9.
Submission of the Women’s Harm Reduction International Network, pp. 6-7.
Ibid., p. 5.
Submission of the Open Society Institute, pp. 49-52. See also UNODC, the United Nations Entity for
Gender Equality and the Empowerment of Women (UN-Women), WHO and the International
Network of People Who Use Drugs, “Women who inject drugs and HIV: addressing specific needs”
(2014).
Submissions of the Women’s Harm Reduction International Network, p. 8; and the Eurasian Harm
Reduction Network, pp. 4-5.
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