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Vol 21 No 10 Oct/Nov 2016

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Human Rights and Drug Control: The False Dichotomy


ISBN13: 9781849467063
Published: June 2016
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



Low stock.

It has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more ‘rights respecting’ approach.

Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny.

The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right.

There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a ‘back door’ legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
1. Introduction
I. Some Terminology Issues-Legalisation, Decriminalisation, and Depenalisation
II. Use/Abuse/Consumption

2. Legal Standards and Regimes
I. The International Drug Control Regime The 1988 Convention and Criminalisation The Treaty Monitoring Regime of International Drug Control The Enforcement Powers of INCB INCB, UNODC, and Human Rights
II. Human Rights The International Human Rights Regime Human Rights Treaty Bodies and INCB Charter-Based Bodies-The Human Rights Council The Offi ce of the High Commissioner on Human Rights (OHCHR)
III. Article 33 of the Convention on the Rights of the Child

3. UNGASS and Developments in Latin America
I. UNGASS
II. Latin America: Regional Developments
III. Latin America: Developments at the National Level Bolivia Uruguay

4. Drug Control: Violating Human Rights?
I. At First, There Was 'Harm Reduction' Substitution Treatment Injection Rooms Conclusion on Harm Reduction
II. Human Rights as a Tool Death Penalty Law Enforcement and the Excessive Use of Force Arbitrary Detention, Ill-Treatment and Forced Labour Arbitrary Detention and the International Drug Control Conventions
III. Persons who Abuse Drugs as a 'Vulnerable Group'
IV. Militarisation of Drug Law Enforcement Organised Crime Pain Relief and Legalisation of Opium Poppy Cultivation in Afghanistan Pain Relief Globally

5. Mandated Treatment and Drug Courts
I. Portugal

6. The 'Right to Abuse Drugs'

Afterword: Views of the Author

Series: Hart Studies in International Law

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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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Diplomatic Interference and the Law ISBN 9781849464369
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Non-State Actors in International Law ISBN 9781849465113
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Statelessness: The Enigma of the International Community ISBN 9781849469692
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Non-State Actors in International Law (eBook) ISBN 9781509901869
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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Promises of States under International Law ISBN 9781849462327
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
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Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
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Human Dignity and the Foundations of International Law ISBN 9781849460897
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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Africa: Mapping New Boundaries in International Law
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Forced Migration, Human Rights and Security
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
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Biotechnologies and International Human Rights ISBN 9781841137032
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Transnational Corporations and Human Rights ISBN 9781841136530
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Biotechnology and International Law ISBN 9781841136318
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Enforcing International Law Norms Against Terrorism
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Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
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Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
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The Permanent International Criminal Court ISBN 9781841132815
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
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