A/HRC/30/65
for those entering places of detention and who have been receiving treatment such as opioid
substitution and antiretroviral therapy or treatment for tuberculosis, as interrupting such
treatment has serious health consequences. 22
22.
The Special Rapporteur on the right to health has stated that if harm reduction
programmes and evidence-based treatments are made available to the general public, but
not to persons in detention, this contravenes the right to health. However, in 2014, while
opioid substitution therapy was available in 80 countries, only 43 countries provided such
therapy.He has also argued that, given the substantially higher health risks associated with
incarceration, harm reduction programmes should be implemented and drug dependent
persons should be treated so as to meet public health objectives, even if these services are
not yet available in the community (see A/65/255, para. 60).
23.
Health protection measures, including harm reduction measures, are effective in
prisons and treatment programmes for people who use drugs, and are urgently needed in all
prison settings.23 Drug dependence treatment has also been noted to be highly effective in
reducing crime, as treatment and care within prisons, or as alternatives to imprisonment,
reduce rates of relapse, HIV transmission and recidivism. 24
D.
Obstacles to achieving the right to health
24.
The Special Rapporteur on the right to health has noted that drug users in States that
criminalize drug use may avoid seeking health care for fear that information regarding their
drug use will be shared with authorities, which could result in arrest and imprisonment, or
in treatment against their will. The use of drug registries (lists of people who use drugs)
may deter individuals from seeking treatment, especially given that violations of patient
confidentiality have been frequently documented in States that maintain such registries (see
A/65/255, para. 20, and A/64/272, para 23).
25.
The Special Rapporteur has observed that criminalizing drug use and possession has
led to risky forms of drug use designed to evade criminal prohibitions, which has in turn
resulted in increased health risks for drug users. Risky forms of drug use may include the
sharing of syringes and injection supplies, hurried or risky injecting and the use of drugs in
unsafe places. The preparation of drugs in a hurry, to avoid detection by law enforcement
officers, may increase the risk of overdose, vascular accidents and infections. The Special
Rapporteur has noted that criminalizing drug use and possession may lead to an increased
risk of illness, including from HIV infection, among people who use drugs (see A/65/255,
paras. 25-26).
26.
The Special Rapporteur has stated that these risks may be compounded by the drug
user’s reluctance, for fear of arrest, to seek health assistance in preparing and injecting
drugs. He noted that criminalizing drug use increases the risk of drugs becoming
contaminated with harmful or even deadly substances (see A/65/255, paras. 25-26). He
added that criminalizing the dissemination of information, including on safe practices
pertaining to drug use and harm reduction, is not compatible with the right to health
because it hinders individuals’ ability to make informed choices about their health. 25
22
23
24
25
6
WHO, UNODC and UNAIDS, Technical Guide, p. 26, and WHO, Consolidated Guidelines, p. 5.
WHO Regional Office for Europe, The Madrid Recommendation: Health Protection in Prisons as an
Essential Part of Public Health (Copenhagen, 2010), pp. 3-4.
UNODC and WHO, “Principles of drug dependence treatment”, discussion paper (2008), p. 14.
Submission of the Special Rapporteur to the Committee against Torture (19 October 2012), p. 6.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents