Making children and young people visible in drug policy: A child rights-based agenda for reform

Children and young people are profoundly affected by drug policies, yet drug policy has largely overlooked their rights, needs and experiences. While the international drug control system seeks to protect the health and welfare of humankind, punitive laws and drug control approaches have too often exposed children to preventable harms, including criminalisation, deprivation of liberty, health impacts, barriers to healthcare, family separation, violence and exploitation.

For the purposes of this policy brief, “children” refers to persons under the age of 18, consistent with the United Nations Convention on the Rights of the Child (UNCRC), while “young people” generally refers to persons aged 10–24, reflecting WHO terminology. However, the definition may vary, as regional frameworks and national authorities may adopt different definitions. Although the UNCRC’s legal protections apply specifically to children, many of the health, social and developmental issues examined in this brief extend beyond the age of 18 and affect young adults during the transition to adulthood.

This policy brief argues that the rights of children and young people should be placed at the centre of drug policy. Drawing on UNCRC, international human rights law, public health evidence, and consultations with children, young people and experts from across the world, it provides a child rights-based framework for evaluating and improving drug policies.

It identifies four priority areas where reform is urgently needed.

First, children and young people should not be deprived of liberty because of punitive drug policies. Despite clear international standards requiring deprivation of liberty to be used only as a measure of last resort, many children continue to be arrested, detained and prosecuted for drug use, possession or low-level involvement in illicit drug economies. Greater investment in diversion, restorative justice and community-based responses is essential.

Second, children and young people must have equitable access to essential controlled medicines. Millions of children and young people continue to experience unnecessary pain and suffering because medicines required for palliative care, pain relief and other medical conditions remain unavailable or inaccessible. Regulatory barriers, weak health systems and inadequate paediatric formulations continue to deny children treatment to which they are entitled under international human rights law.

Third, children and young people must be able to access evidence-based, child- and youth-friendly services that prevent avoidable drug-related harms. Punitive laws, stigma, age restrictions and barriers to confidential care continue to prevent many from obtaining timely support. Harm reduction should form part of a continuum of care that includes prevention, treatment, recovery, mental health and social support services that respond to their needs and evolving capacities and promote healthy development.

Fourth, children and young people recruited or exploited within illicit drug economies should be recognised primarily as victims of exploitation rather than treated as offenders. Poverty, violence, displacement and exclusion create conditions in which organised criminal groups exploit children in cultivation, transportation, distribution and other activities. Child protection, education, social protection and community resilience must replace punitive responses that deepen vulnerability and perpetuate cycles of exploitation.

Across these four priorities, a consistent message emerges. Existing international human rights standards, and the corresponding obligations they establish, already provide a strong foundation for protecting the rights of children and young people, yet they have not been adequately integrated into international and national drug policy frameworks.

The Global Commission on Drug Policy calls on governments, United Nations agencies, regional organisations and civil society to place the rights of children and young people at the centre of future drug policy reform. This requires moving beyond approaches centred primarily on punishment towards policies grounded in evidence, public health, human rights and child protection. It also requires meaningful participation by children and young people in decisions that affect their lives.

Protecting children and young people is not a peripheral concern within drug policy; it is one of its most fundamental responsibilities. The strategies we adopt today can profoundly shape outcomes for future generations. Drug policies that respect, protect and fulfil the rights of children and young people will not only improve their lives but will also contribute to healthier, safer and more just societies.