A/HRC/30/65 27. The Special Rapporteur has observed that some States opposed to harm reduction measures have criminalized the carrying of needles, syringes and other drug paraphernalia,26 in contravention of the International Guidelines on HIV/AIDS and Human Rights.27 Fear of arrest and criminal sanctions may deter individuals from participating in needle and syringe programmes and from carrying sterile equipment, which increases the likelihood of using unsterile equipment and transmitting diseases. Legislation penalizing the carrying of such equipment, including by outreach workers, is a barrier to HIV control.28 Promoting the use and supply of methadone, which is used in opioid substitution therapy, is a criminal offence in some countries. 29 28. WHO has recommended decriminalizing drug use, including injecting drug use, as doing so could play a critical role in the implementation of its recommendations on health sector interventions, including harm reduction and the treatment and care of people who use drugs.30 UNAIDS too has recommended decriminalizing drug use as a means to reduce the number of HIV infections and to treat AIDS.31 29. The Special Rapporteur has identified many ways in which criminalizing drug use and possession impedes the achievement of the right to health. He has called for the decriminalization of drug use and possession as an important step towards fulfilling the right to health. He has noted that decriminalizing drug use cannot be equated with legalizing it. Decriminalization means that drug use and possession remain legally prohibited but that criminal penalties, if they are applied at all, are minor and of a noncustodial nature. Legalization, by contrast, involves no prohibition of the relevant conduct (see A/65/255, para. 62). 30. The Special Rapporteur has noted as positive the decriminalization experience in Portugal (see A/65/255, para. 64). In 2001, all drugs for personal use were decriminalized and drug use was characterized as an administrative offence. This was combined with an increased public health and social response to assist drug users. Portugal has not witnessed a material increase in drug use; in fact, indicators for certain groups show a decrease. Positive effects have included the destigmatization of drug users and the unburdening of the criminal justice system.32 The International Narcotics Control Board has indicated that the move to decriminalize drug use in Portugal was consistent with the 1988 Convention. 33 In total, 22 States have adopted decriminalization measures of one kind or another, although not always on the grounds of promoting public health. 34 The Special Rapporteur has indicated that decriminalization should be accompanied by an expansion in drug treatment programmes and drug education (see A/65/255, para. 67). On 26 June 2015, on the occasion of the International Day against Drug Abuse and Illicit Trafficking, the SecretaryGeneral stated that consideration should be given to alternatives to criminalization and incarceration of people who use drugs and that there should be an increased focus on public 26 27 28 29 30 31 32 33 34 Ibid. United Nations publication, sales No. E.06.XIV.4, p. 30. WHO, UNODC and UNAIDS, “Provision of sterile injecting equipment to reduce HIV transmission” policy brief (2004), p. 2. Harm Reduction International, Global State of Harm Reduction 2014. WHO, Consolidated Guidelines, p. 91. UNAIDS, The Gap Report, p. 183. Submission of Portugal. See Artur Domosławski, Drug policy in Portugal: the Benefits of Decriminalizing Drug Use (Warsaw, Open Society Foundations, 2011). Report of the International Narcotics Control Board for 2004, p. 80. Ari Rosmarin and Niamh Eastwood, A Quiet Revolution: Drug Decriminalisation Policies in Practice across the Globe (London, Release, 2012). Jamaica has decriminalized cannabis use (see the Dangerous Drug Amendment Act, 2015, para. 6, amending sect. 7C of the Act). 7