Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 55-73 |
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Alekajbaf H. Compulsory Treatment of drug Addicts from the Perspective of International Documents with Emphasis on Human Rights Standards. MLJ 2024; 18 (59) :55-73
URL: http://ijmedicallaw.ir/article-1-1717-en.html
URL: http://ijmedicallaw.ir/article-1-1717-en.html
Department of Law, Faculty of Law & Social Sciences, Payame Noor University, Tehran, Iran.
Abstract:
Background and Aim: One of the major challenges of the current governments is the addiction of some citizens to drugs. Drug addiction is considered as a serious threat to human society. Drug use is harmful not only to the addict and his family, but also to other sections of the society and causes an increase in crime in the society. For this reason, some governments take compulsory treatment of drug addicts to prevent the harmful effects of drug use. According to the statistics presented around the world, more than half a million people have been detained for the purpose of "treatment of drug use" and many of the detainees are detained for months or years without trial and during the proceedings. This article aims to examine the concept of forced detention for drug treatment and its position from the perspective of international human rights standards, regional and Iranian laws. Also, this article seeks to find an answer to the question whether, according to international human rights standards and international drug control rules, drug use or addiction is a restriction on the right to freedom?
Method: The research method used in this research is based on descriptive-analytical method and the method of collecting data and information is using library and documentary sources.
Ethical Considerations: In this research, all ethical principles such as trustworthiness, honesty and originality of the text have been observed.
Results: It seems that by examining the international documents, the forced abandonment of drug addicts violates human rights standards, especially the right to health and the non-use of coercion for the treatment of drug addicts is foreseen in international documents and some regional documents as well, but in the laws of Iran, compulsory treatment of drug addicts is foreseen, which can be challenging.
Conclusion: From this research, it can be concluded that since 1990, several resolutions of the United Nations General Assembly have confirmed that international drug control measures must be "in full compliance with the principles contained in the United Nations Charter and the principles of international law" and the compulsory treatment of drug addicts. Despite their inner desire, it is against the right to health. Therefore, it is suggested that Iran's laws be amended in line with international documents.
Please cite this article as:
Alekajbaf H. Compulsory Treatment of drug Addicts from the Perspective of International Documents with Emphasis on Human Rights Standards. Medical Law Journal. 2024; 18: e5.
Method: The research method used in this research is based on descriptive-analytical method and the method of collecting data and information is using library and documentary sources.
Ethical Considerations: In this research, all ethical principles such as trustworthiness, honesty and originality of the text have been observed.
Results: It seems that by examining the international documents, the forced abandonment of drug addicts violates human rights standards, especially the right to health and the non-use of coercion for the treatment of drug addicts is foreseen in international documents and some regional documents as well, but in the laws of Iran, compulsory treatment of drug addicts is foreseen, which can be challenging.
Conclusion: From this research, it can be concluded that since 1990, several resolutions of the United Nations General Assembly have confirmed that international drug control measures must be "in full compliance with the principles contained in the United Nations Charter and the principles of international law" and the compulsory treatment of drug addicts. Despite their inner desire, it is against the right to health. Therefore, it is suggested that Iran's laws be amended in line with international documents.
Please cite this article as:
Alekajbaf H. Compulsory Treatment of drug Addicts from the Perspective of International Documents with Emphasis on Human Rights Standards. Medical Law Journal. 2024; 18: e5.
Keywords: De-Addiction, Human Rights, Arbitrary Detention, Forced Treatment and International Documents
Type of Study: Original Article |
Received: 2023/07/25 | Accepted: 2023/11/24
Received: 2023/07/25 | Accepted: 2023/11/24
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