The right to health and international drug control, compulsory treatment for drug dependence and access to controlled medicines 2010, para. 62
Paragraph
Paragraph text
The Special Rapporteur considers that the continuing imposition of criminal penalties for drug use and possession perpetuates many of the major risks associated with drug use. He advocates for consideration of less restrictive approaches to drug control, including decriminalization or de-penalization. Decriminalization of drug use cannot simply be equated with legalization of drug use. When decriminalized, drug use and possession can remain legally prohibited, but criminal penalties for such offences either are not applied at all or only minor penalties are given. Decriminalization generally entails complete removal of criminal punishment for the conduct in question (administrative penalties may be applied instead), whereas de-penalization requires removal of custodial sentences, although the conduct remains a criminal offence. Legalization, by contrast, involves no prohibitions on the relevant conduct.
Legal status
Non-negotiated soft law
Body
Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
Document type
Special Procedures' report
Means of adoption
N.A.
Topic(s)
Governance & Rule of Law
Health
Person(s) affected
All
Year
2010
Paragraph type
Other
Reference
SR Health, Report to the UNGA (2010), A/65/255, para. 62.