A/HRC/31/45
Programme on HIV/AIDS (UNAIDS) had taken similar positions. That was because the
criminalization of the possession and use of drugs had been shown to cause significant
obstacles to the right to health. Concerning the death penalty for drug-related offences, it
was estimated that 33 countries or territories continued to impose the death penalty for such
offences, resulting in approximately 1,000 executions annually. In some States, drugrelated offences accounted for the majority of executions carried out. However, according
to the findings of the Human Rights Committee, the Secretary-General, the High
Commissioner for Human Rights, the Special Rapporteur on extrajudicial, summary or
arbitrary executions and the Special Rapporteur on torture and other cruel, inhuman or
degrading treatment or punishment, drug-related offences did not meet the threshold of the
“most serious crimes”.
7.
The Deputy High Commissioner noted that, in some States, persons suspected of
having committed drug-related offences were particularly at risk of arbitrary detention and
that drug users may be subjected to torture or ill-treatment in custody to obtain a confession
or other information. Convictions for drug-related offences also often resulted in
disproportionately harsh sentences for relatively minor offences and adversely affects a
range of rights or entitlement to benefits, including custody of children or visitation rights,
access to public housing, food assistance, student financial aid or eligibility for certain
types of employment. Consideration should be given to alternatives to prosecution and
imprisonment of persons for minor, non-violent, drug-related offences. She observed that
ethnic minorities and women could be particularly subject to discrimination in law
enforcement efforts, particularly for the use or possession of drugs or for their role as
“micro-distributors”.
8.
Concerning the rights of children, the Deputy High Commissioner stated that the
focus should be on prevention and children should receive accurate and objective
information about drugs. Children should not be subject to criminal prosecution. Instead,
responses should focus on health and education, treatment, including harm-reduction
measures, and social reintegration. As for indigenous peoples, she noted that they had the
right to follow their traditional, cultural and religious practices and, where drug use was
part of these practices, it should in principle be permitted.
9.
The Deputy High Commissioner expressed hope that human rights would be
addressed in a constructive and specific manner in the outcome documents of the special
session of the General Assembly on the world drug problem, in order to ensure the
protection of human rights in State law and practice in the future.
III. Statements by the panellists
10.
The panel moderator said that it was important to develop far-reaching cooperation
within the United Nations family and to analyse the complexity of drug use. The aim of the
panel was to understand whether relevant international conventions were being
implemented and the role of policies adopted in this area. The contribution of the Human
Rights Council and OHCHR would allow the setting-up of a general framework to provide
consistency and show the path towards greater consistency and effectiveness of those
policies. This was important because some countries had adopted measures that had fallen
short of respect for human rights, including the right to health for drug users. Also, by now,
it was obvious that national and international drug policies could have unintended
consequences. She added that the High Commissioner’s report had drawn attention to the
consequences of drug use on the most vulnerable, including women and children.
11.
Mr. Florez welcomed the study by OHCHR, which referred to some of the
undesirable consequences of drug control policies. In the name of the fight against drugs,
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