Decriminalising Drug Policy through the International Human Rights Dimension: Progress or Regression?

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Abstract

The authors examine the process of decriminalization of drug policy through the international human rights dimension. The aim of the study is to analyse the impact of international human rights initiatives on the established international legal regime against drug trafficking, as enshrined in the three main UN conventions. The authors note the high degree of state participation in these conventions and emphasise that the main objective of the three conventions is fully consistent with the international human rights dimension, as it also aims to strengthen the ‘foundations of society’. The article highlights the ‘demands’ of the proponents of decriminalization, who advocate the legalization of a number of narcotic substances under the pretext of protecting human rights, because they believe that today there has been a failure of the international regime against drug trafficking. According to the authors, there are many factors contributing to the growing number of drug addicts, including a divergence in the approaches of States on key aspects of effectively combating illicit trafficking in narcotic drugs and psychotropic substances. As a result of the study, the authors conclude that strict control should be maintained, as the existing international legal regime not only does not contradict human rights standards, but also aims at their implementation, ensuring the protection of the health and well-being of society.

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About the authors

Aslan H. Abashidze

Peoples’ Friendship University of Russia named after Patrice Lumumba

Author for correspondence.
Email: abashidze-akh@rudn.ru
ORCID iD: 0000-0003-0012-8795
SPIN-code: 8944-1427
Scopus Author ID: 56364775300

Dr. Sci. (Law), Professor, Honorary Lawyer of the Russian Federation, Honorary Scientist of the Russian Federation, Head of the International Law Department, member of the United Nations Committee on Economic, Social and Cultural Rights

Russian Federation, Moscow

Anastasia A. Bagdatieva

Permanent Mission to the UN of Russia in Geneva

Email: a.bagdatyeva@gmail.com
SPIN-code: 6393-4969

First Secretary of the Permanent Mission of the Russian Federation to the United Nations Office and other International Organisations in Geneva

Switzerland, Geneva

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