The Case For International Guidelines On Human Rights And Drug Control

Multilateral treaties on drug control predate the foundation of international human rights law by several decades. Over the last half-century, these two legal systems have exerted significant influence on state practice. Today, the impact of human rights norms can be seen in policy areas as disparate as warfare, terrorism, trade, intellectual property, the environment, and global health, while the three UN drug conventions influence domestic drug control policy and law in almost every country of the world. However, the two systems are in a position of tension. The human rights impacts of drug control are vast, spanning all regions of the world, engaging the full spectrum of civil, political, economic, social, and cultural rights, and affecting the health and welfare of people and communities, whether they have any involvement in the drug trade or not. International drug control law, meanwhile, has evolved largely absent any normative guidance that may be offered by human rights law. This commentary sets out a case for 'international guidelines on human rights and drug control', a project being spearheaded by the International Centre on Human Rights and Drug Policy and the UN Development Program in collaboration with the Canadian HIV/AIDS Legal Network and other NGO partners.