A/HRC/39/39
drug strategies, and that they ensure the availability of treatment services that are evidencebased and respectful of the rights of drug users. 15
13.
In its 2017 annual report, the International Narcotics Control Board reminded States
of their obligation to provide treatment services to those affected by drug use disorders. The
Board also urged States to place more emphasis on treatment and rehabilitation, rather than
just focusing on prevention, and to invest in treatment and rehabilitation services.16
14.
A major obstacle to accessibility of treatment is the criminalization of personal use
and possession of drugs. A study shows that over 60 per cent of people who inject drugs
have been incarcerated at some point in their lives. 17 The Committee on Economic, Social
and Cultural Rights (see E/C.12/PHL/CO/5-6), the United Nations High Commissioner for
Human Rights (see A/HRC/30/65), the Special Rapporteur on the right of everyone to the
enjoyment of the highest attainable standard of physical and mental health (see A/65/255)
and the Global Commission on HIV and the Law18 have recommended that consideration
be given to removing obstacles to the right to health, including by decriminalizing the
personal use and possession of drugs. Reports also indicate that decriminalizing drug use
and possession, together with the provision of a continuum of support, prevention and
treatment measures, can result in a decrease in overall drug use and in the drug-induced
mortality rate.19
15.
In its submission, Portugal stated that “criminal sanctions are ineffective and
counterproductive and do not address the consequences of drug use”. Its policy on drugs
encompasses a model of decriminalization as part of a broader approach designed to
dissuade drug use and promote measures directed at public health concerns, with social
benefits for all involved. The implementation of a more health- and evidence-based
approach has been facilitated by the decriminalization of consumption and possession for
personal use of all drugs, in quantities below defined thresholds. 20
16.
In June 2017, 12 United Nations agencies issued a joint statement recommending
the review and repeal of punitive laws such as those that criminalize or otherwise prohibit
drug use or the possession of drugs for personal use.21 In their submissions, several civil
society organizations recommended decriminalization of drug use. 22
C.
Harm reduction
17.
The General Assembly,23 the Human Rights Council,24 the Committee on Economic,
Social and Cultural Rights,25 the Committee on the Rights of the Child,26 the Committee on
15
16
17
18
19
20
21
22
23
24
25
26
4
See E/C.12/CAN/CO/6, E/C.12/ESP/CO/5, E/C.12/PHL/CO/5-6, E/C.12/GRC/CO/2,
E/C.12/MKD/CO/2-4 and E/C.12/SWE/CO/6.
See www.incb.org/documents/Publications/AnnualReports/AR2017/Annual_Report_
chapters/Chapter_1_2017.pdf.
Kate Dolan and others, “Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and
detainees”, The Lancet, vol. 388, issue 10049, pp. 1089–1102. Available at
www.thelancet.com/journals/lancet/article/PIIS0140-6736(16)30466-4/fulltext.
See www.undp.org/content/undp/en/home/librarypage/hiv-aids/hiv-and-the-law--risks--rights--health.html.
See www.globalcommissionondrugs.org/wp-content/uploads/2016/11/GCDP-Report-2016ENGLISH.pdf.
Submission from Portugal.
See www.who.int/gender-equity-rights/knowledge/ending-discrimination-healthcare-settings.pdf.
Submissions from the Global Commission on Drug Policy, the Moroccan Association for the Fight
against AIDS, Youth RISE Nigeria and the Russian Civil Society Mechanism for Monitoring of Drug
Policy Reforms in Russia.
In its resolution 65/277.
In its resolution 12/27.
In E/C.12/RUS/CO/5, E/C.12/LTU/CO/2, E/C.12/EST/CO/2 and E/C.12/UKR/CO/5.
See the Committee’s general comment No. 15 (2013) on the right of the child to the enjoyment of the
highest attainable standard of health.
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