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‘Treatment in Liberty’ Human Rights and Compulsory Detention for Drug Use

Lines, Rick and Hannah, Julie and Girelli, Giada (2022) '‘Treatment in Liberty’ Human Rights and Compulsory Detention for Drug Use.' Human Rights Law Review, 22 (1). ISSN 1461-7781

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Abstract

This is the first detailed examination of compulsory detention for ‘drug treatment’ through the lens of a rapidly evolving international legal framework. It is estimated that as many as half a million people worldwide are detained for the purpose of ‘drug treatment’, many held for months or years at a time without being charged criminally or being able to challenge the legality of their detention. This is therefore a key issue sitting at the intersection of human rights, drug policy and medical ethics. The article explores arbitrary detention and involuntary committal on medical grounds within international human rights law, as well as the historical-legal evolution of drug ‘treatment’ as the term is understood within international drug control law. It assesses whether drug use or drug dependency constitute a reasonable limitation of the right to liberty, and concludes that this type of detention represents a violation of international law.

Item Type: Article
Uncontrolled Keywords: drug control; drug policy; detention; drug treatment; arbitrary detention; compulsory treatment
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 09 Dec 2021 16:46
Last Modified: 14 Mar 2022 14:57
URI: http://repository.essex.ac.uk/id/eprint/31865

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