The Case Law of the European Court of Human Rights on Combating Drugs
Author(s): Viktor Filatov*, Olha Naumova, Vitalii Vasylevych, Serhii Ivashko, Denys Illiashchuk
Abstract
Aim: This piece endeavors to dissect the European Court of Human Rights’ (ECtHR) jurisprudence concerning drug-related matters, along with an assessment of its methods for safeguarding human rights while addressing offenses related to drug use and trafficking.
Methods: The following methods were used in the study: formal-legal method to analyze the content of the decisions of the ECHR; comparative legal method to compare the approaches of the ECHR with the national approaches of individual states; systemic method to determine the relationship between anti-drug policy and human rights; empirical analysis a review of specific cases.
Results: Even with the European Court of Human Rights having addressed drug-related issues extensively, some difficulties persist within its legal precedents. A primary concern revolves around effectively balancing the requirements of fighting drug-related crime with the safeguarding of the fundamental rights of individuals struggling with substance abuse. States often use the fight against drugs as a justification for restricting the rights of individuals, even in cases where these individuals are in need of assistance rather than criminal punishment. Secondly, the issues of compulsory treatment and detention conditions for drug addicts remain highly controversial. While the ECtHR recognizes the right of States to combat drugs, it also calls for the provision of humane conditions of detention and access to medical services for drug addicts.
Conclusion: The case law of the European Court of Human Rights on drugs is an important tool in ensuring a balance between the fight against drug crime and human rights. The Court has confirmed that states have an obligation to comply with human rights standards, even when it comes to drug addiction and measures aimed at combating drugs. The issues of compulsory treatment, the conditions of detention of drug users and the provision of adequate medical care are important aspects in which the ECHR continues to develop its case law. It is important that national justice systems in Europe take these decisions into account and direct their policies towards respecting the rights of drug addicts and not only towards combating drug crime.