A/HRC/39/39
made consistent recommendations in this regard. 96 The Committee has consistently
recommended that States address the incidence of drug use by children and adolescents by,
inter alia, providing children and adolescents with accurate and objective information, as
well as life skills education, on preventing substance abuse, including with respect to
tobacco and alcohol, and developing accessible and youth-friendly drug dependence
treatment and harm reduction services (see, for example, CRC/C/PER/CO/4-5). The
Committee has also addressed drugs issues in its general comments — on HIV and the
rights of the child, adolescent health, children in street situations, the right to health, and the
right to freedom from all forms of violence.
68.
Guatemala, Ireland, Lebanon, Mexico, Myanmar, Paraguay and the Russian
Federation reported that they had undertaken drug prevention and treatment measures
aimed at children and youth.97
69.
The consequences of a criminal record for a drug-related offence for a young person
include discrimination, stigmatization, and reduced prospects for access to higher education
and employment. Children of parents incarcerated for a drug-related offence may also
suffer harm and face stigma. 98 The best interests of the child should be taken into account
when a parent is charged with a drug-related offence, and non-custodial measures should be
considered.99
C.
Other vulnerable members of societies100
1.
Minorities and indigenous peoples
70.
Pursuant to article 18 of the International Covenant on Civil and Political Rights,
religious minorities and indigenous peoples have the right to manifestations of their
freedom of religion or belief. This has been found, in some cases, to include the use of
controlled substances in religious and ceremonial practices when there is a historical basis
for doing so (see A/HRC/30/65). The right of indigenous people to use controlled crops,
such as coca leaf, in their traditional, cultural and religious practices is also supported by
the United Nations Declaration on the Rights of Indigenous Peoples (arts. 11, 24 and 31)
and the Indigenous and Tribal Peoples Convention, 1989 (No. 169) (arts. 3.2, 5 (a) and
23).101 The Special Rapporteur on the rights of indigenous peoples has recommended that
“indigenous peoples that might be affected should be consulted on anti-drug policies and
operations” and that “guarantees should be given that the lives, cultures, lands and natural
resources of the indigenous peoples are not violated as a result of such operations” (see
A/HRC/33/42/Add.2).
71.
The Committee on the Elimination of Racial Discrimination was concerned at the
reported disproportionately high rate of incarceration of indigenous persons and persons
belonging to minority groups in Canada, particularly African-Canadians, due to various
reasons, including drug policies. The Committee recommended that Canada address the
root causes of such overrepresentation of African-Canadians and indigenous persons at all
levels of the justice system by, inter alia, re-examining drug policies and providing
evidence-based alternatives to incarceration for non-violent drug users (see
CERD/C/CAN/CO/21-23).
72.
The Working Group of Experts on People of African Descent has stated that people
of African descent are disproportionately affected by excessively punitive drug policies. In
addition, racial profiling in many countries has made people of African descent a targeted
96
97
98
99
100
101
14
See www.ncbi.nlm.nih.gov/pmc/articles/PMC5473055/.
Submission from States and Defensoría del Pueblo. See also https://health.gov.ie/wpcontent/uploads/2018/07/Reducing-Harm-Supporting-Recovery-2017-2025.pdf.
Submission from Students for Sensible Drug Policy.
Submission from Quakers.
Recommendation 4 (f). See also Commission on Narcotic Drugs resolution 61/7, available at
http://undocs.org/E/2018/28.
See E/2009/43-E/C.19/2009/14, and the submissions of Maloca International and the Transnational
Institute.
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