A/HRC/30/65
IV. Prohibition of discrimination
50.
Different forms of discrimination may result once an individual has a criminal
record resulting from a conviction for a drug-related offence. These may include obstacles
to obtaining employment, adverse effects on the custody of children or visitation rights,
losing government benefits such as access to public housing, food assistance or student
financial aid, or difficulties concerning travel abroad.61 This has been a factor in the
decision by some States to decriminalize the personal use and possession of drugs.62 As
former Secretary-General Kofi Annan said on 19 May 2015 at a side event on the theme
“Strengthening a public health approach when addressing the world drug problem”: “A
criminal record for a young person for a minor drug offence can be a far greater threat to
their well-being than occasional drug use”.
A.
Ethnic minorities
51.
It has been reported that members of ethnic minorities, in particular those who are
poor and live in marginalized communities, may be particularly subject to discrimination in
the context of drug enforcement efforts. In the United States of America, for example,
African Americans make up 13 per cent of the population, yet account for 33.7 per cent of
drug-related arrests and 37 per cent of people sent to state prisons on drug charges. African
Americans are 3.7 times more likely to be arrested for possessing or using marijuana than
whites are, despite comparable usage rates. Similar disparities have been observed in
countries such as Australia, Canada and the United Kingdom. 63 One law enforcement
official observed that it was harder to intercept the sale and purchase of drugs in offices or
affluent neighbourhoods than it was in poor and marginalized neighbourhoods, where such
activity was often conducted in the street or other public areas and where police controls
were more frequent.64
B.
Women
52.
Globally, women are imprisoned for drug-related offences more than for any other
crime. In several Latin American countries, 60-80 per cent of women in prison are
incarcerated for drug-related offences.65 In some States, women convicted of drug-related
offences constitute the fastest growing part of the prison population. One in four women in
prison in Europe and Central Asia is incarcerated for drug-related offences, with levels as
high as 70 per cent in some countries. The Committee on the Elimination of Discrimination
against Women has expressed concern at the number of women imprisoned for drug-related
offences, observing that this may be indicative of women’s poverty (see CEDAW/C/UK/3
and 4). Women are typically involved in selling small quantities of drugs and are used as
“mules” to carry small amounts of drugs from one country to another. Many of them are
61
62
63
64
65
Count the Costs, “The war on drugs: promoting stigma and discrimination”, pp. 3-5.
Rosmarin and Eastwood, A Quiet Revolution.
Submissions of the Global Commission on Drug Policy, p. 6; and Harm Reduction International and
Penal Reform International, p. 4.
Count the Costs, “The war on drugs: promoting stigma and discrimination”, pp. 7-8.
Corina Giacomello, “Women, drug offenses and penitentiary systems in Latin America”
(International Drug Policy Consortium, 2013).
13
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