Human Rights and Drug Control

Human Rights and Drug Control analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resource-constrained countries.
Marie Elske Gispen
Human Rights Research Series
book | published | 1st edition
January 2017 | xxiv + 352 pp.

€55.30 €79.-

ISBN 9781780684543

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Globally, millions of people suffer health and socio-economic related problems due to the unavailability of controlled essential medicines such as morphine for pain treatment, which leaves them in disabling and sometimes degrading situations. Controlled essential medicines are medicines included in the World Health Organization’s List of Essential Medicines, and whose active substance is listed under the international drug-control treaties. Their availability and accessibility therefore fall within the remit of both human rights and international drug-control law. Even though the unavailability of controlled essential medicines is generally caused by a multifaceted and complex interplay of factors, the current international drug-control framework paradoxically hinders rather than fosters the access to medicines.

Human Rights and Drug Control analyses a human rights interpretation of the international drug-control framework with an emphasis on advancing the access to controlled essential medicines in resource-constrained countries. Its approach goes beyond the more conventional legal analysis and includes an ethical analysis as well as two case studies in Uganda and Latvia. It first aims to identify a human rights foundation of drug control by examining how human rights norms would balance the underlying tension: some controlled substances have a clear, evidence-based medical benefit, yet also have the potential to be misused, which may lead to dependency disorders. This makes it evident that States should regulate this delicate equilibrium, the challenge being how they can do so legitimately in light of human rights norms.

Having explored this premise in the context of human rights law and theory, this book then applies these findings to Uganda and Latvia, – two ‘best practice’ countries – when it comes to improving the accessibility of morphine for pain treatment. Relying on qualitative research methods, the study explores whether the human rights basis of drug-control regulation may be adequately integrated into the structures of the present international drug-control system. It specifically deals with various technical, administrative and procedural obligations relating to the import/export and retail trade of controlled medicines. The book concludes with a proposal on how a human rights approach to drug-control may be advanced, specifically highlighting the importance of reconciling international obligations with the local reality in which these obligations come into play.

Table of Contents

Table of Contents (p. 0)

Part 1. Concept and Problem

Chapter 1. Introduction (p. 1)

Chapter 2. Access to Controlled Essential Medicines: Context, Background, Framing, and Focus (p. 27)

Part 2. Normative Framework

Chapter 3. Access to Controlled Essential Medicines and Aspects of Drug Control in Human Rights Law (p. 77)

Chapter 4. In Search of a Normative Justification (p. 137)

Part 3. Country Studies

Chapter 5. Bridging Theory and Practice: Introduction to the Country Studies (p. 189)

Chapter 6. Country Study I: Uganda (p. 203)

Chapter 7. Country Study II: Latvia (p. 247)

Part 4. Conclusions and Recommendations

Chapter 8. Conclusions and Recommendations (p. 291)

Appendices (p. 313)

Samenvatting (Dutch summary) (p. 321)

Selected Bibliography (p. 331)

Index (p. 347)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).

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