The issue of drug control has been topical in recent times as many people and states have become torn between the strict regulation of hard drugs to preserve health on one hand, and the decriminalisation of drug use on the other hand. In his presentation, Mr Niang argued that, while challenges may exist in the implementation of a legal framework around drug control, the motivation was to prevent harm and to ensure the realisation of the right to health.
 

Mr Lewis, however, viewed the matter differently. Drawing participants’ attention to various reports on the subject, Mr Lewis was of the passionate view that the fight against drugs is being carried out in a ruthless manner that ostracises addicts, some of whom are living with HIV, from the treatment required for their survival. Mr Stephen strongly contended that such an approach violated the right to health. In his final view, the global war against drug abuse has failed; hence it was important to conceive of a more innovative approach on the issue of drug control.

The debate generated numerous questions from participants. One important question focused on the correlation between the human right to health and the criminalisation of the use of drugs. Drawing from mounting reports, Mr Lewis passionately explained that international legal framework on this subject often inspires states to implement laws in a manner that results in the stigmatisation and incarceration of those identified as addicts. This, he explained, prevents them from receiving the treatment they need to survive and thereby constitutes a threat to their right to health.

When the attention of the participants turned to Mr Niang’s presentation, the pertinent question for which his input was invited is whether anything has changed in the fight against drug abuse since its criminalisation. In response to this question, Mr Niang noted that criminalisation is perhaps justified, particularly if one considers the association of drug users with violent crimes, and the medical proof showing the damaging effects of drug use on mental health. In his view it was therefore no surprise that domestic laws are being put in place and implemented by states to ensure strict control of drugs. While it is difficult to measure what has changed, he concluded, the existence of such laws at the international and domestic levels at least serve some deterring function.

There was overall consensus that the international and domestic approach on the issue of drug control should be to view so-called ‘drug addicts’ as patients in need of help, and not as criminals to be hunted and incarcerated. Any approach other than this will constitute a threat to the realisation of the right to health.