| 1. |
- Barrett, Damon, et al.
(författare)
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Article 33: The Right to Protection from Narcotic Drugs and Psychotropic Substances
- 2019
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Ingår i: J. Tobin (ed) The UN Convention on the Rights of the Child: A Commentary. - Oxford : Oxford University Press. - 9780198262657
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter presents a legal analysis of Article 33 of the UN Convention on the Rights of the Child, addressing the child's right to protection from drugs and involvement in the drug trade.
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| 2. |
- Barrett, Damon, et al.
(författare)
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Best interests and low thresholds: legal and ethical issues relating to needle and syringe services for under 18s in Sweden
- 2022
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Ingår i: Harm Reduction Journal. - : Springer Science and Business Media LLC. - 1477-7517. ; 19:1
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Tidskriftsartikel (refereegranskat)abstract
- Access for legal minors to needle and syringe programmes raises a number of practical, legal and ethical challenges that traverse clinical practice, child protection and child rights. This article addresses the current legal age restriction on access to needle and syringe programmes (NSPs) in Sweden. Based on legislation and legislative preparatory works, it traces the rationale for retaining an age restriction in the context of a policy priority to improve access for people who inject drugs. Building on threshold theory and child rights literature, the article unpacks the apparent tension between protecting the low threshold nature of service provision, child protection duties of healthcare staff, and the best interests of the child. It explores whether this tension could be alleviated through replacing a legal age restriction for all with best interests assessments for each individual, and discusses the potential ethical and practical challenges involved in such a change.
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| 3. |
- Barrett, Damon
(författare)
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Canada, cannabis and the relationship between UN child rights and drug control treaties
- 2019
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Ingår i: International Journal of Drug Policy. - : Elsevier BV. - 0955-3959. ; 71, s. 29-35
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Tidskriftsartikel (refereegranskat)abstract
- Article 33 of the UN Convention on the Rights of the Child requires States to take appropriate measures to protect children from illicit drugs ‘as defined in the relevant international treaties’. Those treaties are the UN drugs conventions. Following cannabis legalisation, then, can Canada remain in compliance with the CRC while breaching treaties to which Article 33 expressly refers? This article investigates this question with reference to the drafting of the CRC and the drugs conventions, how the relationship between the two systems has been approached, and the practice of the UN Committee on the Rights of the Child from 1993-2015. While the CRC could offer an alternative framework through which to critically assess drug laws and policies, by and large it has operated so as to reinforce the drug control system. An interpretation of Article 33 in the light of Canada's cannabis reforms is proposed. Based on the text of the provision, the pacta tertiis rule, and the object and purpose of the provision, it decouples the CRC from the normative requirements of the drugs conventions. © 2019 Elsevier B.V.
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| 4. |
- Barrett, Damon, et al.
(författare)
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Child-centred harm reduction
- 2022
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Ingår i: International Journal of Drug Policy. - : Elsevier BV. - 0955-3959 .- 1873-4758. ; 109
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Tidskriftsartikel (refereegranskat)abstract
- Harm reduction has become increasingly influential in drug policy and practice, but has developed primarily around adult drug use. Theoretical, practical, ethical and legal issues pertaining to children and adolescents under the age of majority – both relating to their own use and the effects of drug use among parents or within the family – are less clear. This commentary proposes a sub-field of drug policy at the intersection of harm reduction and childhood which we refer to as ‘child-centred harm reduction’. We provide a definition and conceptual model, as well as illustrative questions that emerge through a child-centred harm reduction lens. Many people in different countries are already working on these kinds of issues, whose work needs greater recognition, analysis and support. In beginning to name and define this sub-field we hope to improve this situation, and inspire further international debate, collaboration, and innovation.
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| 5. |
- Barrett, Damon
(författare)
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Child Rights and Drug Control in International Law
- 2020
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Responding to the harms caused by drugs is one of the most challenging social policy issues of our time. In Child Rights and Drug Control on International Law, Damon Barrett explores the meaning of the child’s right to protection from drugs under the Convention on the Rights of the Child, and the relationship between this right and the UN drug control conventions. Adopting a critical approach, the book traces the intersecting histories of the treaties, the role of child rights in global drug policy discourse, and the practice of the Committee on the Rights of the Child. It invites us to reflect upon the potential for child rights to provide justification for state actions associated with wider human rights risks.
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| 6. |
- Barrett, Damon
(författare)
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Children of the drug war (Edited collection)
- 2011
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- A unique collection of original essays that investigates the impacts of the war on drugs on children and young people. With contributions from around the world and utilizing a wide range of styles and approaches including ethnographic studies, personal accounts and interviews, the book asks three fundamental questions: What have been the costs to children of the war on drugs? Is the protection of children from drugs a solid justification for current policies? What kinds of public fears and preconceptions exist in relation to drugs and the drug trade?
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| 7. |
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| 8. |
- Barrett, Damon
(författare)
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Drug Policy and Human Rights in Europe: Managing Tensions, Maximising Complementarities
- 2018
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- This report explores the application of human rights standards and tests to drug policies in the Europe. Basic principles and tests are set out, and a conceptual model is presented. Illustrative examples including random school drug testing, prison healthcare and European funding for cross-border trafficking are applied.
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| 9. |
- Barrett, Damon, 1977-
(författare)
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Drugs and the Convention on the Rights of the Child : Fragmentation, Contention and Structural Bias
- 2018
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Responding to the harms caused by drug use and the drug trade is one of the most pressing and interdisciplinary challenges of our time, within which the protection of children has become central. But there has been relatively little academic attention to the international legal dimensions of drug policy, despite the existence of a dedicated international legal framework on the issue and a range of other treaties that include drugs in some way. This has begun to change in recent years as attention to human rights in drug policy has increased, and as calls for reform to the extant international legal regime of drug control have grown. This thesis adds by focusing on the only core UN human rights treaty to refer to drugs – the Convention on the Rights of the Child (CRC). Based on archival research, extensive document analysis, participant observation at UN forums, and semi-structured interviews, the thesis explores how the child’s right to protection from drugs under Article 33 of the CRC has been understood, and what the relationship has been between the CRC and the UN drug control conventions. Adopting a critical approach to child rights studies, it offers a number of additions to the growing literature on international law and drug control:A detailed history of the parallel drafting of the international drug control and child rights legal regimes in the twentieth century, tracing their substantive detachment over time until their political convergence to the height of the ‘war on drugs’ in the late 1980s;A discussion of the CRC and the UN drugs conventions set against the background of the fragmentation of international law, highlighting a degree of surface level coherence yet important inconsistencies of background theory and ethos;An analysis of contemporary debates among scholars, activists, States and UN mechanisms on the relationship between human rights, child rights and drug control, demonstrating the potential for fragmentation playing out in real-world contentions;A comprehensive review and critique of the periodic reporting process to the Committee on the Rights of the Child from 1993-2015 through the theoretical lens of ‘structural bias’, showing that while the CRC may offer an alternative legal lens through which to approach drug policy, the process has tended to lean in favour of a restrictive and often punitive status quo.
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| 10. |
- Barrett, Damon, et al.
(författare)
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Human rights and tobacco control: lessons from illicit drugs
- 2020
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Ingår i: Human Rights and Tobacco Control. - : Edward Elgar Publishing. - 978 1 78897 481 3
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Bokkapitel (refereegranskat)abstract
- This contribution is a reflection on human rights and tobacco control set against the endgame of a ‘drug free world’. The elimination of illicit drugs has long been an international policy imperative, sometimes justified on human rights grounds. But the human rights costs of this endgame in terms of negative outcomes are now apparent. Meanwhile, a compelling human rights case for stronger tobacco control has been well made. It is easy, moreover, to see the health benefits of a ‘tobacco free world’ and a relatively straightforward step to argue that such a goal helps realise the right to health. But are we sure that pursuit of a tobacco free world aligns with human rights given the clear distance between human rights and the pursuit of a ‘drug free world’? Have we properly tried to anticipate any human rights costs associated with tobacco control strategies and worked to mitigate them? In asking such questions we do not suggest that tobacco control advocates envisage ‘war on drugs’ methods or that tobacco control and drug control are the same. One is a punitive suppression regime with a supply side focus, while the other is a broader regulatory framework more weighted to the demand side. But there are similarities and areas of crossover with important human rights dimensions, including issues of addiction, restrictions on individual liberties, linkages with broader social policy, controversies around harm reduction, and enforcement responses to illicit markets. As tobacco control moves towards stricter controls (including beyond the requirements of the FCTC in national contexts), as endgame strategies are pursued, and as illicit tobacco becomes a greater focus, the resemblances to drug control may become closer.
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| 11. |
- Barrett, Damon, et al.
(författare)
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Incorporating Child Rights into Scheduling Decisions at the UN Commission on Narcotic Drugs
- 2020
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Ingår i: International Development Policy. - : OpenEdition. - 1663-9383. ; 12, s. 246-260
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Tidskriftsartikel (refereegranskat)abstract
- This paper focuses on the child rights implications of bringing new substances into the global drug control regime. Focusing on the examples of ketamine and khat, which in turn highlight the issues of access to medicines (SDG 3) and child labour (SDG 8), it outlines the process for placing substances under international control and the child rights implications of such decisions. To date, however, child rights law has not been featured in this procedure. While child rights law may not be determinative in terms of outcome, the chapter focuses on an important process in global drug policy governance. If decisions to place substances under international control within the drug control architecture of the United Nations engage the obligations of child rights treaties, then there is a strong case for formally taking the obligations arising under those treaties into account.
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| 12. |
- Barrett, Damon, et al.
(författare)
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Injecting Drug Use Among Under 18s: A Snapshot of Available Data
- 2013
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Rapport (övrigt vetenskapligt/konstnärligt)abstract
- Young people who inject drugs have specific developmental, social and environmental vulnerabilities. They are less likely to use harm reduction and treatment services and are less informed about risks and their rights. Early onset of injecting, and being a new injector, have been associated with increased risks of HIV and hepatitis C transmission, while specific groups of young people, especially those that are street involved, are at considerably higher risk. The legal status of being a minor, meanwhile, raises challenges for both achieving a better understanding of the situation and for the development of targeted harm reduction interventions. This report is the first attempt to provide a global snapshot of available data on injecting drug use among children and young people under the age of 18. Based on desk research and expert questionnaires it finds that injecting among under-18s represents a data ‘blind spot’ impeding our ability to assess service need and to estimate budgetary implications. Available studies that have looked at injecting among this age group, however, provide important insights from every region and make a clear case for more action
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| 13. |
- Barrett, Damon
(författare)
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International child rights mechanisms and the death penalty for drug offences
- 2017
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Ingår i: Human Rights Law Review. - : Oxford University Press (OUP). - 1461-7781 .- 1744-1021. ; 17, s. 205-229
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Tidskriftsartikel (refereegranskat)abstract
- This article investigates whether the Convention on the Rights of the Child and the International Labour Organization Convention No 182 contribute to systemic human rights risks in the implementation of the UN drug control treaties. It focuses on the death penalty for drug offences applied to adults as part of national legislative frameworks relating to drug control. At no time has either the Committee on the Rights of the Child or the ILO Committee of Experts challenged this practice, despite being informed repeatedly that it is employed pursuant to treaty obligations under the CRC and ILO 182 respectively. On some occasions the Committees have even appeared to welcome the implementation of these laws. This article sets out why this is cause for concern, the influence of the drug control treaties on the understanding of child rights provisions and why this issue is not outside the mandates of the Committees for commentary.
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| 14. |
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| 15. |
- Barrett, Damon, et al.
(författare)
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Stigma, discrimination and human rights
- 2008
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Ingår i: S. Matic et al (eds) Progress on implementing the Dublin Declaration on partnership to fight HIV/AIDS in Europe and Central Asia. - : WHO Europe.
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 16. |
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| 17. |
- Barrett, Damon, et al.
(författare)
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The Right to Water, Privatised Water And Access to Justice: Tackling United Kingdom Water Companies’ Practices in Developing Countries
- 2007
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Ingår i: South African Journal of Human Rights. ; 23:3, s. 543-562
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Tidskriftsartikel (refereegranskat)abstract
- As states are increasingly urged to privatise water supply and delivery by the Bretton Woods institutions, there are no additional norms to hold multinational corporations accountable to anyone but their shareholders. Though there is a human right to water, if multinational corporations violate that right the victims’ access to the courts may be hampered by the lack of financial resources to gain redress. To this extent, privatisation is eroding human rights implementation. Strategically, it may be worthwhile to consider litigating in the United Kingdom’s courts where the ‘interest of justice’ so demands, even though there is a forum for adjudication in the country where the violation took place.
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| 18. |
- Barrett, Damon, et al.
(författare)
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Towards Drug Policy Justice: Harm Reduction, Human Rights and Changing Drug Policy Contexts
- 2023
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Bok (övrigt vetenskapligt/konstnärligt)abstract
- Taking the shifting global drug policy terrain as a starting point, this collection moves beyond debates about whether to reform drug policies to a focus on delivering ‘drug policy justice’ - repairing the damage caused by the war on drugs as a component of reform efforts and safeguarding against future harms in legal markets. This book brings together some of the leading international thinkers and advocates on harm reduction and drug policy to introduce key questions in contemporary drug policy. Across five themes, and with contributions from different regions and disciplines, it explores ethical, legal, empirical and historical perspectives on delivering ‘drug policy justice’ from supply through to use. Essays cover a wide range of issues, from the effects of COVID on drug policy to securing economic and environmental justice, and from human rights in Asian drug policy to questions of race and equity in cannabis reforms, providing diverse insights on both prominent and overlooked drug policy challenges. Towards Drug Policy Justice is a benchmark text for scholars, students, advocates and policymakers as the book explores new models of global drug policy reform.
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| 19. |
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| 20. |
- Lines, Rick, et al.
(författare)
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Cannabis Reform, 'Medical and Scientific Purposes' and the Vienna Convention on the Law of Treaties
- 2018
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Ingår i: International Community Law Review. - : Brill. - 1871-9740 .- 1871-9732. ; 20:5, s. 436-455
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Tidskriftsartikel (refereegranskat)abstract
- Treaty interpretation has long been a subject of interest for international legal scholars. However, it is only recently that advocates for drug policy reform have taken up these questions. This article examines the proposition put forward by several authors that a legally regulated market in cannabis may be permissible under the international drug control treaties if considered as a policy 'experiment'. These authors contend that such measures conform to the general obligation of the Single Convention on Narcotic Drugs to limit uses of cannabis 'strictly to medical and scientific purposes. Reviewing this position using the formal methods set out in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, we conclude the interpretation proposed is untenable. While we share with these authors the objective of wider drug policy reform, we find the arguments supporting this position weak, and based on absent, flawed or incomplete interpretive methodology.
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| 21. |
- Lohman, D., et al.
(författare)
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Scheduling medicines as controlled substances: addressing normative and democratic gaps through human rights-based analysis
- 2020
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Ingår i: Bmc International Health and Human Rights. - : Springer Science and Business Media LLC. - 1472-698X. ; 20
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Tidskriftsartikel (refereegranskat)abstract
- Recent years have seen contentious debate about efforts to schedule medicines such as ketamine and tramadol under the international drug control conventions. Proponents argue that misuse poses a significant risk to public health and that scheduling would help address these problems. However, scheduling of medicines can negatively affect their availability, accessibility and affordability for medical purposes, with serious health consequences for patients, especially in low and middle-income countries. The current process for scheduling medicines under the international drug control conventions does not provide sufficient normative standards through which balanced decisions may be reached. It is undemocratic in its structure and opaque in its reasoning. In this article, we argue that such decisions represent de facto limitations on the right to health and may engage the principle of non-retrogression. Using the examples of ketamine and tramadol, we propose that standard legal tests in international human rights law can help to address the normative and democratic deficits in the system and produce more rigorous, fairer and more transparent decisions.
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| 22. |
- Tobin, John, et al.
(författare)
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The Right to Health and Health-Related Human Rights
- 2020
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Ingår i: Foundations of Global Health and Human Rights. L.O. Gostin and B.M. Meier (eds). - Oxford : Oxford University Press. - 9780197528297 ; , s. 67-88
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- This chapter reviews the scope and meaning of the right to health under international law. Drawing on public health discourses and expanding beyond a right to health care, the contours of the right to health have been clarified—to encompass a wide range of social, political, and economic determinants of health—by the United Nations Committee on Economic, Social, and Cultural Rights in its General Comment 14, by academics in the fields of law and public health, and by national governments in their domestic laws and judicial interpretations. The normative content of the right to health now provides a foundation for state obligations to respect, protect, and fulfill the right to health; limitations on other rights for public health goals; the right’s essential attributes of availability, accessibility, acceptability, and quality; the minimum core obligations of the right to health; and the progressive realization of health-related human rights.
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| 23. |
- Turner, Russell, 1975, et al.
(författare)
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Legal Minors Who Inject: Differences in Socio-Demographics and Treatment Needs Compared to Adults in a Swedish National Sample of People with Injecting Drug Use
- 2023
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Ingår i: Substance Use & Misuse. - 1082-6084 .- 1532-2491. ; 58:12, s. 1473-1482
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Tidskriftsartikel (refereegranskat)abstract
- BackgroundInjection drug use among legal minors is under-researched. Although the population may be small in absolute terms, treatment needs may be greater than for those who began injecting as adults. Such knowledge may help tailor services more effectively. Previous research tends to use selective samples or focuses solely on medical indicators. The present study uses a larger sample drawn from national register data in Sweden over a 9-year period (2013-2021) to analyze differences in medical and social treatment needs between people who began injecting as legal minors and their older counterparts.MethodData on first-time visitors to needle and syringe programmes (n = 8225, mean age 37.6, 26% women) were used. Historical socio-demographics and presenting treatment needs were compared between those with a debut injecting age under 18, and those who began injecting as adults.ResultsThe prevalence of injecting before 18 years was 29%. This group had more negative social circumstances, such as leaving school early, worse health, and greater service consumption, compared to those who began injecting as adults. In particular, they had been subjected to a greater level of control measures, such as arrest and compulsory care.ConclusionsThe present study shows that there are important health and social differences between those who inject prior to 18 and those who begin injecting as adults. This raises important questions for both child protection services and harm reduction approaches for legal minors who inject, who still qualify as 'children' in a legal and policy sense.
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