A/HRC/39/39
possible way forward would be to give honest information, encouraging moderation in
youthful experimentation and prioritizing safety through knowledge. 6 Furthermore,
pursuant to resolution 61/11 of the Commission on Narcotic Drugs, any prevention
measures that include educational programmes should promote non-stigmatizing attitudes
and reduce any possible discrimination, exclusion or prejudice which people who use drugs
may encounter.7
8.
The mandatory testing of children for drug use, in educational settings, as a
preventive measure, raises human rights concerns. 8 Under articles 3 and 16 of the
Convention on the Rights of the Child, taking a child’s bodily fluids without his or her
consent may be inconsistent with the principle of the best interests of the child, and may
violate the right to bodily integrity and constitute arbitrary interference with his or her
privacy and dignity. Depending on how such testing occurred, it could also constitute
degrading treatment.9
B.
Treatment
9.
In the outcome document of the thirtieth special session, the General Assembly
recognizes that drug dependence can be prevented and treated through, inter alia, effective
scientific evidence-based drug treatment, care and rehabilitation programmes. 10 It
encourages the voluntary participation of individuals with drug use disorders in treatment
programmes, with informed consent, and recommends the prevention of social
marginalization and the promotion of non-stigmatizing attitudes. Furthermore, it
encourages drug users to seek treatment and care, and States to take measures to facilitate
access to treatment. 11 In the outcome document, States also committed to ensuring that
women, including pregnant and detained women, who used drugs had access to adequate
health services and counselling.12
10.
Under international human rights law, the right to health contains both freedoms and
entitlements, including the right to be free from interference, such as the right to be free
from non-consensual medical treatment (see E/C.12/2000/4). All services, goods and
facilities for treatment must be available, accessible, acceptable and of good quality. They
must be accessible physically as well as financially, and on the basis of nondiscrimination.13
11.
In their submissions, several States provided information on measures related to
treatment. Norway focused on availability, accessibility, acceptability and quality, and on
fighting stigmatization and discrimination against people who used drugs. Switzerland had
developed a national addiction strategy focusing on the quality of life and the health of the
individual. The new drug policies of Canada, Lebanon and Myanmar included a public
health approach, and were aimed at reducing limitations on accessing and receiving
compassionate and evidence-based treatment and at increasing the availability and
affordability of treatment options for drug use disorders.14
12.
The Committee on Economic, Social and Cultural Rights has addressed issues
related to the treatment of people who use drugs and has recommended that States
incorporate public health, harm reduction and gender-sensitive approaches into national
6
7
8
9
10
11
12
13
14
See www.globalcommissionondrugs.org/wp-content/uploads/2018/01/GCDP-Report2017_Perceptions-ENGLISH.pdf.
Available at http://undocs.org/E/2018/28.
See www.drugs.ie/resourcesfiles/ResearchDocs/Europe/Research/2018/drugtestinginschools.pdf and
www.hrw.org/news/2018/06/22/philippine-school-kids-may-face-mandatory-drug-tests.
See www.hrw.org/news/2018/06/22/philippine-school-kids-may-face-mandatory-drug-tests.
Recommendation 1 (i) and (o).
Recommendation 1 (j).
Recommendation 4 (b).
See www.ohchr.org/Documents/Publications/Factsheet31.pdf.
See www.canada.ca/en/health-canada/news/2016/12/new-canadian-drugs-substances-strategy.html,
the submissions of Lebanon, Norway and Switzerland and the strategy of Myanmar.
3
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents