Un enfoque eficaz y humano de las políticas de drogas

Expertos en derechos humanos de la ONU y la sociedad civil piden un cambio de las políticas punitivas hacia enfoques basados en la salud y los derechos. Más información, en inglés, está disponible abajo.

“The so-called war on drugs has destroyed countless lives and damaged entire communities. These policies are simply not working, and we are failing some of the most vulnerable groups in our societies,” said UN Human Rights Chief Volker Türk during a recent speech on global drug policies.

For decades, governments have adopted a largely punitive approach to controlling narcotic drugs. UN experts say the results have been catastrophic, citing harmful consequences such as mass incarceration, increased drug-related crime and violence, record numbers of drug-related deaths, growing illegal drug production, and the stigmatization of entire communities.

However, there have been important shifts in recent years. From the Philippines to Ghana, Pakistan, and Colombia, countries are moving away from punishment and criminalisation, embracing more humane, public health- and human rights-based approaches.

Scotland’s Charter of Rights

In December 2024, Scotland launched a Charter of Rights for People Affected by Substance Use. This first-of-its-kind document aims to ensure that people who use drugs know their rights, receive necessary support, and are treated with dignity.

“The Charter sets out the key human rights that belong to people affected by substance use and marks a significant change from the previous approach of criminalization,” said Alan Miller, human rights activist and professor at the University of Strathclyde. “It places people and human dignity at the centre.”

The Charter was developed by the National Collaborative, an independent network chaired by Miller, with input from civil society, policymakers, affected communities, people who use drugs, and their families. It was in part a response to Scotland's high drug-related death rate, the highest in Europe.

“Clearly, the scale of the deaths was a tipping point, but there has been a shift in the public narrative,” Miller added. “Families formed support groups and started to speak up. The public now sees the problem as a health issue or about inequality and poverty—not just pushers or traffickers.”

UN Human Rights Chief Volker Türk echoed this change in approach:
“The Charter represents a shift away from punishment and towards prevention, treatment, and support for those affected by drug use, in line with the International Guidelines on Human Rights and Drug Policy.”

Drawn from national and international human rights law, the Charter outlines key rights, including:

• the right to life
• the right to the highest attainable standard of physical and mental health
• the right to an adequate standard of living
• the right to private and family life
• the right to a healthy environment
• freedom from degrading treatment and arbitrary arrest

Health and Human Rights

Niamh Eastwood, Executive Director of Release (UK), emphasised the harm of criminalising people who use drugs.

“Treating people as criminals adds to their suffering, causes stigma and exclusion, and deters them from getting the life-saving health interventions they need,” Eastwood said. “The Charter is a first-of-its-kind and we hope there will be more.”

Zaved Mahmood, Human Rights and Drug Policy Advisor at UN Human Rights, noted a growing shift in global perspectives:

“There is a general acceptance that any discussion on drug policy must take into account States’ human rights obligations,” he said.

UN Human Rights supports Member States in developing and implementing drug policies based on human rights, aligned with the 2019 International Guidelines on Human Rights and Drug Policy.

A Different Approach

In the Philippines, where a punitive drug policy led to thousands of deaths and extreme overcrowding in detention centres, the UN has supported a more humane shift. According to Signe Poulsen, Senior Human Rights Adviser in Manila:

“Under the previous administration, a high number of people were killed and the country ended up with one of the world’s most congested pre-trial detention systems.

Through a UN joint programme, the Office engaged government agencies and civil society to promote human rights-based reforms. These efforts include technical assistance for an independent forensic institute to investigate potentially unlawful deaths, and support for widows of victims through psychosocial care and basic services.

Death Penalty

The “war on drugs” has also led to a rise in the use of the death penalty, contrary to international law. In 2024, drug offences accounted for 40% of all confirmed global executions. However, progress is underway:

• Pakistan abolished the death penalty for drug offences in 2023.
• Malaysia removed the mandatory nature of capital punishment the same year.
• Ghana reformed its laws in 2020 to treat drug use as a health issue and now supports harm reduction in 14 districts.

Professor Adeeba Kamarulzaman, member of the Global Commission on Drug Policy, remarked:

“It is always two steps forward and one step back when it comes to drug policy reform.”

Colombia's New Path

Colombia is moving from a repressive strategy toward a development-focused approach to eliminating illicit drug cultivation. With UN Human Rights support, the country is investing in rural economies and addressing structural causes of violence. The 2016 peace accords include a chapter on drug policy reform, and the Truth Commission has called for drug policy to be part of peacebuilding.

Türk has consistently called for a transformative approach that includes voluntary healthcare, harm reduction, decriminalisation, social reintegration, gender sensitivity, and responsible regulation.

“Drug policies that prioritise health and human rights are more effective and more humane.”