International Drug Conventions: Punitive v. Public Health Approach

• Pages: 98-100

Contenidos

• The Issue.
• Legal and Policy Considerations.
• Practice Examples.
• References.

Page 98

The Issue

The framework for international treaties regarding drug control is law enforcement, not public health. The goal is to eliminate illicit drugs mainly through punitive responses towards traffickers, sellers, buyers, and users. Extensive prison sentences are the lynchpin of this framework, and treatment for addiction and safe injecting of drugs are not priorities. As a result, the primary bodies responsible for implementing and monitoring drug policy have been reluctant to endorse proven harm reduction strategies. Even so, it can be argued that countries can legally implement harm reduction strategies consistent with the drug control conventions.

Legal and Policy Considerations

The 1961 Single Convention on Narcotic Drugs as amended in 1972 classifies drugs on the basis of danger and medical benefit, and limits the use, trade, and production of drugs to medical and scientific purposes through international cooperation. The convention identifies methadone, the most prevalently used drug for assisting heroin addicts in drug substitution programs, as a "schedule 1" drug to which access should be strictly limited. The Convention on Psychotropic Substances (1971) classifies additional drugs (primarily psychotropics that became popular in the 1960s and 1970s). A 13 member International Narcotics Control Board (INCB) is tasked with monitoring country compliance with the treaties.The 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances added precursor chemicals (used for manufacture of illicit drugs) to the list of controlled substances, and sought to regulate the financial aspects of the drug trade, including money laundering and seizure of assets. In addition, signatories to the 1988 Convention are required to criminalize "possession, purchase or cultivation of narcotic or psychotropic drugs for personal consumption."

There is considerable debate regarding whether harm reduction techniques, such as needle exchange, the prescription of methadone or heroin to addicts, or supervised drug consumption facilities, are compatible with the conventions. National governments have used the international drug control treaties to justify punitive drug policies and the lack of harm reduction strategies that have been proven to reduce the incidence of HIV. On the other hand, many see the covenants as including the...