Coercive Laws as a Result of Stigma and Discrimination Blowing Up the Right to Health to Inject Drug Users

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European Regional Master Degree in Human Rights and Democracy

Coercive Laws as a Result of Stigma and Discrimination Blowing up the Right to Health to Inject Drug Users

By

Altina PESHKATARI

Cluster IV

Cluster Leader Prof: Amarjit SINGH

April 29, 2005

Number of pages: 16

Table of contents

Introduction3
1. ESCR - a universal challenge4
1.1. Historical overview on the origin of Economical and Social Rights4 1.2. Basic principles of affiliation and differentiation of the ESCR and CPR covenants5 1.3. ESCR as full human rights6
2. Right to health as a human right and its challenges8
2.1. Right to health as presented on the Covenant on ESCR8
2.2. Sources of coercive laws as the obstacles for a right-based approach of implementation of ESCR10 3. Coercive laws on health field as the main tool for violation of human rights for the vulnerable group such as (IDU)11 3.1. Violation of the right to health. v. sensitive vulnerable groups (IDU)12 3.2. New forms “modern slavery” as result of stigma and discrimination toward IDU14 Conclusion15

Bibliography166

Introduction

The Economical Social and Cultural Rights Covenant is a very useful International document of the twentieth century contribution, making it possible for all members of society to enjoy satisfactory conditions of life. The entitlement of these complex and indivisible predictable rights is of undisputable relevance in today civilization furthermore seeing their translation on the local legislations of different states parties or not in the covenant. However, out there are other international documents which try to regulate specific spheres of human lives like drug issues, which contradict in some of their provisions with the ESCR terms, and are expressed through the language of coercive laws which unconditionally drive on violation of specific rights in international and national level, such as right to health and its sub-provision - access to services for drug dependence for a particular vulnerable group as IDU-s are. Periodic implication of stigma and discrimination incorporated within the laws toward drug control issues present the view of some modern forms of slavery in today contemporary society. All the above mention argument will be supported and elaborated in the lines below of this paper - starting first with a short historical background and analytical approach concerning the Covenant on ESCR -followed by the position of the right to health in the international provisions and its coexistence and contradictions with its coworkers on other international documents concerning a specific group, IDUs, - finalized with a bunch of inappropriate violations and their socio-political outcomes as result of stigmatized and discriminated global and home practices directing injecting drug users issues. The most useful references’ source used for completing this paper are taken from potential internet websites such as; International Harm Reduction Development, CEE Harm Reduction Network, etc, as well as articles from authors such as Eide, Asbjorn et.al.Kluwer, and reader’s articles from Steiner, H.J. and P. Alston and Craven, M.C.R, and other international documents such as UDHR and CESCR.

1. ESCR - a universal challenge

The Universal Declaration on Human Rights adapted by the General Assembly in 1948, which remains an important “standard of reference” in the development of national and international human rights norms, recognized two sets of human rights embodied in the two separate covenants which establish legal obligation to which state may bind themselves, such as: 1- International Covenant on Civil and Political Rights 2- International Covenant on Economical Social and Cultural Rights, both adapted on 1966. But there is a long and an ideological battleground till the deserved end of having such International Human Rights Documents, which relation and interdependence is undetectable alike their...
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