Council of the European Union conclusions on human rights-based approach in drug policies
12 December 2022
Council of the European Union
The Council of the European Union:
- INVITES EU Member States to further support the development and implementation of evidence-based policies and interventions that put human rights at the centre of drug responses, whilst countering crime and ensuring public safety and security, sustainable and viable livelihoods and the health of individuals, families and communities across the EU;
- INVITES EU Member States to further promote drug policies that adhere to human rights, address discrimination, and reduce the stigma on people who use drugs, in order to ensure voluntary access to services, including prevention, evidence-based life-skills programmes, risk and harm reduction, early detection and intervention, counselling, treatment, rehabilitation, social reintegration and recovery of people who use drugs, as well as treatment of drug-related comorbidities;
- ENCOURAGES EU Member States to further promote within their drug policies gender- and age- appropriate measures and measures reflecting the specific needs of children and young persons, women and persons in marginalised and vulnerable situations;
- ENCOURAGES EU Member States to give special attention to protection of children's rights including protection of children from drug use and to the prevention of the exploitation of children in the illicit production and trafficking of drugs;
- ENCOURAGES EU Member States to ensure that people in the criminal justice system, including those subjected to alternatives to coercive sanctions, have voluntary access to non-discriminatory and gender- and age- appropriate evidence-based drug services, based on their needs and informed consent;
- INVITES EU Member States, where appropriate, to support the active and meaningful participation and involvement of the scientific and expert community, the civil society, including non-governmental organisations, young persons, women, people who use drugs in drug policies;
- ENCOURAGES EU Member States and, according to their competences, the relevant EU bodies and agencies to strengthen international cooperation and mainstream the human rights-, evidence-based and balanced approach, including in development programmes on drug policies, promoting full compliance with international human rights law, including the principles of equality and non-discrimination;
- ENCOURAGES EU Member States, relevant EU bodies and agencies to ensure that development-oriented drug policy measures, including alternative development, adhere to the principles of non-conditionality, non-discrimination, and proper sequencing, promote gender equality, and that ownership among target communities is ensured;
- ENCOURAGES EU Member States and, according to their competences, the relevant EU bodies and agencies to strongly oppose imposition of disproportionate and inhumane penalties for drug-related offences, such as the death penalty, extrajudicial killings and arbitrary detention;
- ENCOURAGES EU Member States, where appropriate and in accordance with their national legislation and within the framework of the UN drug control conventions and EU law, to further explore evidence-based best practices and innovative approaches that reduce stigma and discrimination of people who use drugs;
- INVITES EU Member States and, according to their competences, the Commission and the relevant EU agencies to collect and share information on the impact of the implementation of drug-related criminal justice responses and alternatives to coercive sanctions on people who use drugs, particularly those in marginalised and vulnerable situations;
- INVITES EU Member States, and, according to their competences, the relevant EU bodies and agencies to disseminate information and exchange best practices in the implementation and development of the human rights-based approach in drug policies and approaches to reduce stigma and discrimination, including through the EU’s external actions;
- INVITES EU Member States, the Commission and relevant EU agencies to reflect, where appropriate, in accordance with their respective competences and with respect to available data, human rights issues when evaluating drug policies.