A/HRC/39/39
standard of physical and mental health has urged national authorities to consider scaling up
available opioid replacement therapies for people who use drugs (see A/HRC/20/15/Add.2).
D.
Access to treatment in prisons and other custodial settings
23.
The outcome document of the thirtieth special session calls for the implementation
of treatment-related initiatives in prisons and other custodial settings, 42 and also for access
to health care, social services and treatment for those in prison or pretrial detention. 43
24.
The Committee against Torture has expressed concerns regarding insufficient health
services for prisoners with substance addiction. The Committee recommended that the
provision of medical services to prisoners, particularly those who are addicted to drugs,
should be ensured, and that all measures necessary to implement the United Nations
Standard Minimum Rules for the Treatment of Prisoners should be taken. 44 The Committee
on the Elimination of Discrimination against Women recommended “gender-sensitive and
evidence-based drug treatment services to reduce harmful effects for women who use
drugs, including harm reduction programmes for women in detention”. 45 The Special
Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
recommended the introduction of effective drug-replacement therapy in detention centres. 46
25.
Furthermore, various human rights treaty bodies have observed that detention
settings are high-risk environments for HIV, hepatitis C and tuberculosis transmission and
have recommended that States ensure access to harm reduction services in prison. 47 At the
end of 2016, in prison or places of detention, opioid substitution therapy was only available
in 52 countries, while only 8 countries provided needle and syringe programmes. 48 The
International Association for Hospice and Palliative Care noted in its submission that
access to controlled medicines for palliative care should also be available in custodial
settings.
III. Joint commitments on effective law enforcement and human
rights
26.
In the outcome document of the thirtieth special session, all States committed
themselves to effective drug-related crime prevention and law enforcement measures. 49
27.
In recent years there have been some alarming tendencies towards a deeper
militarization of the responses by States to counter drug-related crimes. In some instances,
this is associated with the progressive militarization of civilian police forces. Several
institutional reforms and new laws have come into force in Latin American countries which
have facilitated militarization processes in the context of drug operations. Submissions
indicated that excessive use of force is more likely to occur when military or special
security forces are involved in drug operations. Such approaches have disproportionately
affected vulnerable groups and has repeatedly resulted in serious human rights violations. 50
28.
The Special Rapporteur on extrajudicial, summary or arbitrary executions stated that
various threats, which included drug dealing, challenged the adequacy of traditional law
42
43
44
45
46
47
48
49
50
6
Recommendation 1 (k) and (o).
Recommendation 4 (b) and (m).
See CAT/C/CPV/CO/1.
See CEDAW/C/GEO/CO/4-5, para. 31 (e).
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23193&LangID=E.
See CERD/C/CAN/CO/21-23, CEDAW/C/CAN/CO/8-9, A/HRC/23/41/Add.1, CAT/OP/PRY/2,
E/C.12/POL/CO/6, E/C.12/SWE/CO/6, E/C.12/LTU/CO/2, CEDAW/C/GEO/CO/4-5 and
A/HRC/13/39/Add.3.
Submission from Harm Reduction International.
Recommendation 3.
Submissions from the Centre for Legal and Social Studies and the Mexican Commission for the
Defence and Promotion of Human Rights.
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