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Results for drug abuse and addiction (latin america)

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Author: Youngers, Coletta A.

Title: In Search of Rights: Drug Users and Government Responses in Latin America

Summary: This report presents the results of the most recent study by the Research Consortium on Drugs and the Law (Colectivo de Estudios Drogas y Derecho, CEDD). The study, entitled "In Search of Rights: Drug Users and State Responses in Latin America" analyzes States-- responses to the consumption of illicitly used drugs, focusing on two key areas; Criminal justice responses and health responses; Vin eight Latin American countries: Argentina, Bolivia, Brazil, Colombia, Ecuador, Mexico, Peru, and Uruguay. An international consensus appears to be emerging that drug use is not a criminal matter, but a health issue. Nevertheless, as shown by the country investigations that are part of this study, Latin American government responses to the use of illicit substances remain predominantly punitive and handled through the criminal justice system; it is through judicial, rather than healthcare, institutions that states address the illicit use of drugs and drug users. Even in countries in which drug use is not a crime, persistent criminalization of drug users is found. Treating drug use (and users) as a criminal matter is problematic for several reasons. First, as an earlier study by CEDD shows, responses that criminalize drug users are often ultimately more hazardous for the users; health than the drug use itself and do not help decrease levels of use (either problem or non-problem use).2 Second, as this report shows, the criminal justice response contributes to a climate of stigmatization of and discrimination against users, reducing the likelihood that police and the judicial system will take an impartial attitude toward them. Third, the criminalization of drug users is a poor use of public resources in both the public security and health sectors. Finally, this approach to drug use; through criminal justice institutions; violates various fundamental rights of users, including the rights to health, information, personal autonomy and self-determination. All of this violates various national and international human rights norms that States are obligated to uphold. The following is a summary of the studies; key findings: - Most public policies related to drug use in the countries studied take a punitive and prohibitionist approach that does not distinguish among different types of use and/or among substances or users; they are therefore inadequate for addressing the harm caused by problem drug use. - In all of the countries studied, there is strong discrimination against and stigmatization of drug users. Even in countries where use of those substances is not criminalized, we found that consumers are often treated as criminals. This leaves users outside the reach of health systems. - In all the countries studied, we found that drug users are criminally prosecuted. In Argentina, Ecuador, Mexico and Bolivia, drug use is not a crime. Nevertheless, according to the study in Argentina, in a sample from 2011, nearly 75 percent of the cases involving drug law violations that were initiated by security forces in the Federal Criminal Court in the city of Buenos Aires were for possession of drugs for personal use. In Ecuador, 5,103 people are presently incarcerated for possession of narcotic or psychotropic substances, of a total of 6,467 convicted on drug-related charges. In Mexico, 140,860 people nationwide were arrested for drug use between 2009 and May 2013, and investigations were opened in 53,769 cases in the federal system during that period. In Bolivia, 6,316 people were arrested for drug possession (mainly cannabis) between 2005 and 2011, although possession is not classified as a crime. - The criminal justice response puts drug users in a vulnerable position before the authorities, exposing them to corruption, extortion, physical abuse, sexual abuse, arbitrary detention and other violations of their fundamental rights. - Largely because of the stigmatization of drug use, users suffer constant violations of their fundamental rights, including the rights to health, self-determination and free personal development, the right not to suffer discrimination, and the right to information and due process. - The governments studied emphasize controlling the supply of illicitly used drugs over addressing drug use, or demand, which has a negative impact on the ability to provide adequate social and public-health responses to drug use and contributes to the violation of present and future users; rights to health. - There is a marked paucity of information about consumption and a lack of systematization of that information and, in some cases there are methodological and conceptual problems in the gathering of information about drug use. That often leads to an exaggeration of the problem of consumption of illicitly used drugs and hinders the formulation and development of informed policies based on empirical information. - By emphasizing a criminal justice approach over a health-related approach, governments have abdicated their responsibility to users who need treatment, leaving the private sector as the main provider of treatment and rehabilitation services. We found that States often do not regulate and/or oversee private centers, many of which operate informally, using treatments that have no scientific basis. Abstinence-based treatment models predominate in both the public and private sectors and there is little emphasis on harm reduction programs, which have proven more effective in mitigating the negative effects of illicit use of drugs. - Throughout the region, drug users; even when their use is not problematic; can be subjected to treatment involuntarily, forcibly or semi-forcibly. This means that scarce public-health resources that could be used for people who do want and need treatment are used for people who neither need nor want it. Given that situation, the proposal of drug courts offers an alternative to incarceration. One concern, however, is that this proposal is seen as a healthcare response, when its components are still of a criminal justice nature and risk reproducing all of the problems within the criminal justice system with regard to drug use.

Details: Mexico: Research Consortium on Drugs and the Law (CEDD), 170p.

Source: Internet Resource: Accessed July 10, 2014 at: http://drogasyderecho.org/assets/full-report-english.pdf

Year: 2014

Country: Latin America

URL: http://drogasyderecho.org/assets/full-report-english.pdf

Shelf Number: 132637

Keywords:
Drug Abuse and Addiction (Latin America)
Drug Abuse Policy
Drug Abuse Treatment
Drug Enforcement
Drug Reform
Illicit Drugs
Substance Abuse Treatment