International Human Rights Day

International Human Rights Day occurs every year on December 10. It’s a time to reflect and take action on the protection of human rights globally.¹

The theme for this year is: ‘dignity, freedom, and justice for all’ and marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR).

Here we look at drug policy and human rights, ahead of International Human Rights Day.

What are human rights?

Human rights are the basic freedoms and protections that belong to every person.

They are based on the principles of dignity, equality, and mutual respect.

Human rights are universal – which means everyone is entitled to them from birth, they aren’t granted by governments.

They’re also interdependent – meaning one set of rights can’t be fully enjoyed without the other.²

Drug policy is a human rights issue

Seventy-five years ago, the United Nations General Assembly adopted the UDHR. This was a milestone document that sets out basic human rights to be universally protected.¹

All 192 member countries of the United Nations, including Australia, have signed the Declaration.³

But many human rights continue to be violated for people who use alcohol and other drugs.

The right to life

Everyone has the right to life, but many countries around the world still have the death penalty for drug-related offences.⁴

Under international human rights law, the death penalty can only be imposed for the ‘most serious crimes’ - and drug offences don’t fall into this category.⁵

The right to health and adequate standard of living

Everyone has the right to a standard of living adequate for their health and wellbeing. This includes access to medical care and social services.⁶

But people who use drugs don’t always get access to necessary health or social services.^7,8

This is often due to stigma.

People who use drugs face high levels of stigma. In fact, the World Health Organization has ranked illicit drug dependence as the most stigmatised health condition globally.⁹

This creates barriers for getting appropriate care, diagnoses, and support.

Stigma can also leave people feeling humiliated, and ashamed.

In healthcare settings it may mean people receive:

• sub-standard care
• denial of care
• longer wait times for treatment
• physical or verbal abuse.^10,11

People who use drugs also lack access to health care because some services don’t operate in locations where they’re needed. This includes life-saving programs such as drug checking (pill testing) or Medically Supervised Injecting Rooms (MSIRs).^7,8

And people in prison with an alcohol or drug dependence also face barriers to health care, with no Needle and Syringe Programs available, and limited access to continuous treatment and medications (such as pharmacotherapy).^12-14

Right to liberty (freedom)

No one should be unnecessarily arrested or detained, as this violates a person’s right to freedom.⁶ But people who use drugs continue to be punished for minor use and possession offences.⁷

Having a criminal record can also create barriers to getting a job, and accessing necessary services such as housing and treatment.^15,16

This can also affect a person’s ability to enjoy the right to an adequate standard of living.

Right to equality and non-discrimination

Everyone is entitled to the same human rights and fair and equal treatment, regardless of race, colour, sex, language, religion, political opinion, or any other background or status.⁶

But drug criminalisation affects some groups more than others.

In Australia, drug laws disproportionately impact:

• people from lower socio-economic backgrounds
• non-white communities
• First Nations peoples.^15,16

Right to benefit from scientific progress

We all have the right to benefit from scientific evidence – including people who use drugs.⁵

But treatments for alcohol and other drug dependence aren’t always evidence-based. This includes involuntary treatment, which can cause further physical or psychological harm and infringe a person’s right to freedom.^17-19

Other evidence-based interventions to prevent overdoses, such as drug checking or MSIRs, also remain inaccessible for many people.

The illegal status of some drugs means many people can’t use them for medical purposes, even if there is strong evidence behind them. This has led Australia to recently make changes around access to psilocybin (magic mushrooms) and MDMA for certain mental health conditions.

Right to freedom of religion, and enjoyment of cultural life

Everyone has the right to freely practice their spiritual beliefs and enjoy cultural life.6 But for some Indigenous populations, drug laws can impact their ability to do so.

Certain psychedelics (including psilocybin, ayahuasca, and others) and stimulants (the coca leaf) have been used for centuries by some Indigenous Peoples in traditional cultural and religious ceremonies, and as sacred medicines^.20-23

Criminalising these substances can also undermine Indigenous knowledge and lead to further unequal treatment.²¹

Protecting human rights

The 75th anniversary of the UDHR is an opportunity to reflect on progress made, and the changes needed to ensure people who use drugs have their human rights respected.

Campaigns such as Support. Don’t Punish continue to advocate for drug policies that focus on health and human rights.

And this year, UN experts have called for the urgent decriminalisation of drug use and possession, to better protect human rights around the world.²⁰

Recent developments in Australia also highlight a positive shift towards human rights centred drug policy, including:

• decriminalisation of drug use and possession in the ACT
• restricted medical access to psilocybin and MDMA
• delivery of Medical Supervised Injecting Rooms in Sydney and Melbourne
• decriminalisation of public drunkenness in Victoria
• the national Take home Naloxone program
• trialling of drug checking (pill testing) in the ACT, and soon Queensland.

These health-based approaches recognise the value of everyone’s lives, their dignity, and their right to access health care – regardless of their use of alcohol or other drugs.

Find out more

• Human Rights 75 Initiative
• Universal Declaration of Human Rights
• International Guidelines on Human Rights and Drug Policy
• Support. Don’t Punish
• Keep Our City Alive