In Breach of International Law: Ukranian Drug Legislation and the European Convention for the Protection of Human Rights and Fundamental Freedoms

Published: 
1 June 2011
Author: 
Golichenko, M and Merkinaite, S.

A report by the Eurasian Harm Reduction Network and the Canadian HIV/AIDS Legal Network that challenges the legality of a 2010 Ukrainian Ministry of Health Resolution which significantly reduced the legal threshold for "small", "large" and "extra large" quantities of certain types of illegal drugs, including those most commonly used by people in Ukraine. The report's analysis of the Resolution indicates that it does not conform to the European Convention or the practice of the European Court with respect to the application of Article 5(1)(a) (on the right to liberty and security of person), Article 7 (no punishment without law) and Article 14 (prohibition of discrimination) of the European Convention. The report's authors argue that the Resolution should therefore be repealed in favour of a human rights-based and public health-oriented approach to drugs.