A/HRC/30/65
VII. Conclusions and recommendations
61.
The right to health should be protected by ensuring that persons who use drugs
have access to health-related information and treatment on a non-discriminatory
basis. Harm reduction programmes, in particular opioid substitution therapy should
be available and offered to persons who are drug dependent, especially those in
prisons and other custodial settings. Consideration should be given to removing
obstacles to the right to health, including by decriminalizing the personal use and
possession of drugs; moreover, public health programmes should be increased. The
right to health requires better access to controlled essential medicines, especially in
developing countries.
62.
The prohibition of arbitrary arrest and detention, torture and other forms of
ill-treatment and the right to a fair trial should be protected in accordance with
international norms, including in respect of persons who are arrested, detained or
charged for drug-related offences. Drug dependent persons in custodial settings
should not be denied opioid substitution therapy as a means of eliciting confessions or
other information, and opioid substitution therapy should be provided as part of a
detainee’s right to health in all circumstances. Compulsory detention centres should
be closed.
63.
The right to life of persons convicted of drug-related offences should be
protected and, in accordance with article 6 of the International Covenant on Civil and
Political Rights and the jurisprudence of the Human Rights Committee, such persons
should not be subject to the death penalty. The right to life should be protected by law
enforcement agencies in their efforts to address drug-related crime, and only
proportional force should be used, when necessary. Extrajudicial killings should be
subject to prompt, independent and effective investigations to bring the alleged
perpetrators to justice.
64.
Ethnic minorities and women who possess or use drugs, or who are
“microdistributors”, should be protected against discrimination. Consideration
should be given to reforming laws and policies to address the disparate impact of drug
policies on ethnic minorities and women. Providing training to law enforcement,
health personnel and social service workers who come into contact with drug users
should also be considered, to eliminate discrimination.
65.
Taking into account the severe impact that a conviction for a drug-related
offence can have on a person’s life, consideration should be given to alternatives to the
prosecution and imprisonment of persons for minor, non-violent drug-related
offences. Reforms aimed at reducing overincarceration should take into account such
alternatives.
66.
The rights of the child should be protected by focusing on prevention and
communicating in a child-friendly and age-appropriate manner, including on the risks
of transmitting HIV and other blood-borne viruses through injecting drug use.
Children should not be subjected to criminal prosecution, but responses should focus
on health education, treatment, including harm reduction programmes, and social reintegration.
67.
Indigenous peoples have a right to follow their traditional, cultural and
religious practices. Where drug use is part of these practices, the right of use for such
narrowly defined purposes should in principle be protected, subject to limitations
provided for in human rights law.
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