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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