International Centre on Human Rights and Drug Policy June 1, 2010
Harm reduction and the right to health - recent recommendations of UN human rights mechanisms by Damon Barrett
http://www.humanrightsanddrugs.org/?p=1043&utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+HumanRightsAndDrugs+(Human+Rights+and+Drugs)
In 2009 the UN Special Rapporteur on the Right to the Highest Attainable Standard of Physical and Mental Health, Anand Grover, undertook a mission to Poland. the final report of the mission will be presented to the Human Rights Council at its 14th Session which is currently taking place. It includes strong recommendations relating to harm reduction services such as needle and syringe exchange and opioid substitution therapy, as well as criminal laws surrounding drug use and possession.
The Special Rapporteur urges Poland to consider the following recommendations in the area of harm reduction policies and practices:
(a) Ensure that needle and syringe programmes, opioid substitution therapy and other harm reduction strategies become widely available throughout the country.
(b) To establish, without further delay, an opioid substitution programme in the Tri-City region of Gdansk, Sopot and Gdynia.
(c) Amend the National Law on Counteracting Drug Addiction to avoid penalization of the possession of minute quantities of drugs, in order to foster access to substitution therapy for people using drugs.
(d) Ensure the informed and active participation of people using drugs and other marginalized groups at the national, regional, and local level in the establishment of policies and programmes.
(e) Include the participation of people living with HIV and those groups most at risk of HIV in HIV/AIDS-related educational projects and campaigns.
(f) Ensure the enactment and implementation of a comprehensive anti-discrimination and equality law to help ensure the full enjoyment of the right to health, based on equality and non-discrimination within the State.
In May 2010, Mauritius was before the UN Committee on Economic Social and Cultural Rights as part of its periodic review process. The Committee raised a series of concerns related to Mauritian drug policies and the 'alarmingly high' rate of injecting drug use and related HIV in the country. Concerns were also raised about recent announcements to reintroduce the death penalty for drugs.
27. The Committee is concerned at the alarmingly high number of injecting drug users in the State party. It is further concerned at reports that the National Drug Control Masterplan 2008-2012 was never officially endorsed and is not being used by the various stakeholders concerned. The Committee is also concerned about the sharp increase in cases of HIV/AIDS, particularly concerning intravenous drug users, sex workers and prison inmates. (art. 12)
The Committee recommends that the State party undertake a comprehensive approach to combat its serious drug problem. In order to achieve the progressive realisation of the right to health for people who inject drugs and so that this group may benefit from scientific progress and its applications (article 15.1.b), the State party should implement in full the recommendations made by the WHO in 2009 designed to improve availability, accessibility and quality of harm reduction services - in particular needle and syringe exchange and opioid substitution therapy with methadone. People who use drugs should be a key partner in this initiative. As a matter of urgency, the State party should:
(a)Scale up needle and syringe programmes to all geographical areas. The Government should amend the Dangerous Drugs Act 2000 to remove prohibitions on distributing or carrying drug paraphernalia as these impede HIV prevention services;
(b)Implement pilot prison needle and syringe exchange and opioid substitution therapy programmes based on international best practice standards;
(c)Remove age barriers to accessing opioid substitution therapy and develop youth-friendly harm reduction services tailored to the specific needs of young people who use drugs;
(d)Remove restrictions on access to residential shelters for women who use drugs;
(e)Make hepatitis C treatment freely available to all injecting drug users; and
(f)With regard to addicted persons, consider the decriminalisation and related public health based measures such as prescription of buprenorphine.
28. The Committee is concerned at the high and increasing rate of drug trafficking and related corruption in the State party. (art. 12)
The Committee recommends that the State party take the necessary measures to combat drug trafficking and related corruption. At the same time, the Committee recommends that these measures fully comply with the international human rights standards, including in relation to the abolition of the death penalty.
At the same session, the Committee recommended that Kazakhstan scale up access to opioid substitution therapy with methadone
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