Drug policy for illegal non-commercial activities with narcotic drugs and psychotropic substances and human rights: principles of individual autonomy and the right to privacy

• University of Maribor: knygos tekstas

LTReikšminiai žodžiai: Demokratinė visuomenė; ES narkotikų politika; Konstitucija; Narkotikai; Narkotikų politika; Tarptautinė teisė; Tarptautinės sutartys; Teisės viršenybė; Žmogaus teisės; Žmogaus teisės ir laisvės; Constitution; Democratic society; Drug policy; Drugs; EU drug policy; Human rights; Human rights and freedoms; International law; International treaties; Rule of law.

ENPurpose: This paper examines if a state policy prohibiting consumption of illegal narcotic drugs and psychotropic substances and related activities – acquisition and/or storage of illegal drugs for consumption aims could be evaluated as infringing the human rights such as the principle of autonomy and privacy right in accordance with the European Convention of Human Rights (Council of Europe, 1950), the practice of the European Court of Human Rights, national constitution and jurisprudence of constitutional court and scientific literature. Methods: For the purpose of problem analysis several methods were used, such as review, analysis and interpretation of scientific literature and legal acts (both national and international), comparative method of cases studies (national and European Court of Human Rights). Findings: After evaluating restrictions to the principles of autonomy and privacy such as the rule of law and especially necessity in a democratic society tests it was concluded that State is empowered to prohibit illegal non-commercial activities with drugs. This is grounded by protection of individual and public health arguments. State policy is in accordance with principles of autonomy and privacy right in case the principle of proportionality is not infringed. In our case –the most appropriate means for illegal consumption, acquisition and storage of psychoactive substances for personal consumption – harm reduction policy.Research limitations: The research question does not cover issues related to drug trafficking and its implication on human rights violation Originality: Evaluating soundness of drug policy from human rights perspective is new both from national and international level. Only some opinions of experts on the matter could be found at the moment but no scientific thought developed on the matter yet. [From the publication]