Drugs Of Destruction And Human Rights
Main Category: Alcohol / Addiction / Illegal DrugsArticle Date: 31 Mar 2008 - 3:00 PDT
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Drugs of Destruction are defined here as, any addictive substance, whose properties are known to bring about disturbing and irreversible changes to the users brain, resulting in loss of control; the erosion of inhibitions which control civilised human behaviour, the loss of the latter more frequently than not, can cause users to display anti social behaviour, characterised by unpredictable and unprovoked, violence being inflicted on others.
Drugs of Destruction, destroy, or damage the cognitive processes of users and their immune systems, rendering them vulnerable to a variety of diseases. Aids, HIV and Hepatitis C & B, are common among drugs users. In addition users develop a number of other psychiatric, mental and behaviour disorders, whilst increasing the severity of any pre-existing disorders. In short Drugs of Destruction deprive users of their ability to participate and enjoy their rights and the rights of others, as enshrined in the 'Declaration of Human Rights'; including but not limited to:
The right to life, liberty and security of person.
The right to the free development of the user's personality
The right to work,
The right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, together with the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
To put the above into a contextual and balanced perspective, discussions with users of Drugs of Destruction, who somehow, have found a way out of the slavery those drugs inflict on users, will, if asked, explain how their personalities became warped, and their emotional growth stunted. How Drugs of Destruction robbed them of their ability and motivation to work; how those drugs destroyed their mental, physical and spiritual health; the wellbeing of their families, together with the loss of their ability to provide them with food clothing and shelter, thus making them wholly dependent on the welfare systems, and other charities, of their country of residence.
Apart from this obliteration of the users' human rights, which by definition includes their dignity, it is apparent that Drugs of Destruction inflict considerable collateral damage on the mental, physical and emotional, well being of users' families, thus in turn, robbing them of their human rights.
As members of the human race free to exercise our human rights, we enter into a social contract, which requires us not to inflict harm on ourselves, or others. It is therefore not surprising that the elected governments of civilised nations in fulfilling their part of that contract, and in a spirit of worldwide cooperation, unite with other nations to protect their citizens from many of the Drugs of Destruction by outlawing the use of specific substances. In doing so they have with the free and willing, consent of the overwhelming majority of their citizens, passed laws, designed to protect the citizens of the free world, from the horrendous, but avoidable dangers, inherent in the use of Drugs of Destruction. An integral part of that consent is the sovereign right of independent nations, without contravening the Declaration of Human Rights, to decide the penalties they consider necessary, in order to deter those who would prey on their more vulnerable citizens, by encouraging them to use Drugs of Destruction which have been prohibited. Some of those countries consider capital punishment to be appropriate for drug traffickers, as opposed to users, and again, with the free consent of their citizens, following a democratic trial, where the accused has the option of providing his own legal advisers, or those appointed by the court, together with any subsequent appeal, both of which comply fully with the Declaration of Human Rights, exercise their sovereign right to invoke the death penalty.
Whether or not, as individuals we consider such an ultimate, and irreversible punishment, justified for those, whose own regard for the rights of others, and the sanctity of life, makes Genghis Khan appear to be the epitome of moderation, is irrelevant. The inescapable and relevant fact is that, motivated solely by greed, drug traffickers, despite being fully aware of the risks involved, flagrantly disregard the wording and spirit of The Declaration of Human Rights, whilst simultaneously and maliciously, disregarding the sovereign laws of independent nations. In doing so, they arrogantly display their contempt for the express wishes and rights of that nation's citizens, and the sanctity of their own life. They knowingly, willingly and voluntarily, accept the risk of forfeiting their right to life.
Incredible as it may seem, there are a number of highly influential organisations, who despite being fully aware, of the total harms Drugs of Destruction, inflict on their fellow human beings, and their families, insist that those who so choose, have a right to use them. Some of those organisations openly argue that they should have the legal right to do so. They also insist that it is a contravention of the Declaration of Human Rights to execute what they describe as, 'drug offenders', an innocuous sounding, but undefined description. Attempts by this writer to establish what that description meant, was informed by the International Harm Reduction Association, that it did not differentiate between drug users and drug traffickers.
© Peter O'Loughlin, The Eden Lodge Practice.
Peter is the principle of the Eden Lodge Practice, which is a small, private agency, engaged in assisting those seeking freedom from Drugs of Destruction. Other than the obligatory professional bodies, Peter has no affiliation with any other organisation. His sources of funding are the fees paid by those clients, who, by referral from past clients, other psychotherapists, and medical advisers, opt to use his services; fees from his 'Introduction to Understanding Addiction' workshops, and public speaking engagements.
The views he expresses are entirely his own, influenced solely by the knowledge he gains from the addictive and recovery experiences of clients, together with empirical and scientific, evidence based practice, and practice based evidence, rather than ideology.
Written by Peter O'Loughlin
The Eden Lodge Practice
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Visitor Opinions In Chronological Order (6)
The Death Penalty For Drugs Is A Violation Of International Human Rights Law
posted by Rick Lines on 31 Mar 2008 at 9:15 amPeter O’’Loughlin is correct that the International Harm Reduction Association vigorously opposes the application of the death penalty for drug offenses. This opposition is laid out clearly in our report, “The Death Penalty for Drug Offences: A Violation of International Human Rights Law”, published in December. However, unlike Mr. O’Loughlin, our conclusions are not driven by opinion or hyperbole, but by an analysis of international law and the decisions of relevant legal bodies on this question.
While capital punishment per se is not illegal in international law, it is restricted in significant ways under the International Covenant on Civil and Political Rights. The most important of these restrictions is found under Article 6(2), which states that execution is only legal for what the treaty terms 'most serious crimes'. While Mr. O'Loughlin may feel drug trafficking to be a 'most serious crime', his opinion is irrelevant in terms of law.
The independent expert legal body mandated to interpret the Covenant is the UN Human Rights Committee. The Committee has stated definitively that drug crimes of any nature do not meet the threshold of 'most serious crimes'. Therefore, executions for drug offences violate international law. This interpretation is clear, unambiguous and authoritative, and has been supported by the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. Even UN Office on Drugs and Crime Executive Director Antonio Maria Costa spoke out against the death penalty for drugs earlier this month at the 51st session of the UN Commission on Narcotic Drugs.
In response to our report, the UN High Commissioner for Human Rights, Louise Arbour, sent IHRA a letter commending us for its 'careful scholarship'. We certainly defer to her expert legal opinion on the accuracy of our conclusions.
Mr. O'Loughlin's letter concludes with the disclaimer that "the views he expresses are entirely his own". On this point we totally agree, as they certainly have no basis in law.
We invite everyone to read our report on this important issue for themselves. It is available on our website http://www.ihra.net.
Yours,
Rick Lines, LLM
Senior Policy Advisor
International Harm Reduction Association
Drug Users And Drug Trafickers.
posted by Peter O'Loughlin on 1 Apr 2008 at 12:01 pmI'd like to thank Nick Lines in once again displaying his skill and willingness in managing to evade to differentiate between peddlars of Drugs of Destruction, death and disease, and those who unfortunately are vulnerable enough to succumb to their use; not infrequently because they may have been led to believe its alright for them to do so, and further that it is their right to use such drugs, as the result of the high standard of 'educational information', dispensed by the IHRA and other like minded bodies.
In the familiar manner, the IHRA characterstically attempts to distort any views which fails to comply with its own ideology on Drugs of Destruction. Nick alleges that my views have no place in law. Apart from the fact that comment is of little or no interest, or relevance, I reiterate that is the sovereign right of independent nations to decide what is penal law and therefore what qualifies for the death penalty. Therefore, unless Nick wants to insist that Independent nations do no have the right to do so, my views, contrary to Nick's allegations, wishes and assertions, do have a place in law.
However I do not bear Nick any malice, on the contrary, I endorse the views of Louise Arbour. The IHRA's submission is a indeed a masterful and scholarly piece of spin and ideology, triumphing over substance and truth. Despite such a tremendous achievement, the allegation, carefully concealed as part of the title in the IHRA submission that the death penalty for peddlers of drugs of destruction 'is an international violation of Human rights', is not simply not true, even though it is obvious that the ihra and others would like it to be. What is true is that the EU has attempted to make it so but their attempts have failed.
Never mind Nick, I'm sure you' ll continue your untiring efforts, even though they may not be in the best interests of the vast majority of society. Keep up the spin, I envy your skills.
I Hope No One Takes This Clown Seriously
posted by cbl on 2 Apr 2008 at 12:40 amO'Laughlin accuses others of ideological prejudice, but look at this: he grounds his whole spiel about so-called drugs of destruction in reference to the international definition of human rights, and then, when it suits his fancy, he asserts the freedom of nations to violate international law and kill whomever they wish. And this guy works in some sort of treatment facility! I can't imagine the frustration of a patient in a subordinate position trying to discourse with this kind of sophistry.
Capital Punishment And Drugs
posted by Law Student on 2 Apr 2008 at 1:22 amAs a postgradaute student in law, I do not often find myself looking at medical websites. However, as the issue of capital punishment is a major part of my thesis, I do feel the need to respond to the above post from Mr. Peter O’Loughlin of the Eden Lodge Practice.
Mr. O’Loughlin seems to suggest that considering the question of capital punishment for drugs through the framework of law is irrelevant. With all due respect, this is a bit silly. International treaties are matters of law. Criminal penalties and sanctions are matters of law. If the deprivation of life by the state is not a decision governed by law, it is simply vigilantism or murder, not a legitimate penal sanction, no matter how reprehensible one considers the conduct of the offender. Therefore consideration of the law in respect to capital punishment is essential, which is why so many courts have examined the issue over the years.
The man from the IHRA is correct in his explanation of the rules of international law regarding capital punishment. He is also correct that the various United Nations human rights committees that are mandated by the international community to decide questions of international human rights law have decided that drug crimes (whether possession, minor trafficking, major trafficking, production or refinement, etc.) do not meet the level of seriousness necessary to be capital offences in international law. Put quite simply, if any of the 161 countries that have ratified the International Covenant on Civil and Political Rights executes people for drug convictions of any kind, they violate their obligations under international law.
The issue of state sovereignty that Mr. O’Loughlin raises is a red herring. The 161 states that have ratified this treaty have exercised their sovereignty in doing so, and therefore in agreeing to be bound by the terms of that treaty. Once they have ratified this (or any) international treaty, it is completely legitimate to criticize them when they fail to meet the legal obligations to which they themselves have consented.
I imagine Mr. O’Loughlin would not take such a cavalier attitude towards state sovereignty when it comes to the three international narcotics control treaties? To follow his line of argument, states may equally disregard their international commitments to drug control, and for example legalize drugs, simply by claiming “state sovereignty”. I am sure he would not support their right to do so (nor would I if they have ratified these treaties). But as human rights treaties and drug control treaties hold equal status in international law, you can’t make that argument for one without also making it for the other.
Who Respects International Law? The US certainly does not!!
posted by Ian Partridge on 2 Apr 2008 at 9:14 amInvasion of Iraq, Guantanamo Bay, Kidnapping people without proof and sending them to third world countries for interrogation and torture - I would say international law is a complete joke!!
who makes international law?
posted by daniel B on 22 Sep 2010 at 9:51 amI agree with O'Loughlin. your agrument is acedemic and justifies human rights. what I want to say is that use of drugs, drug trafficking falls to the category of 'most serious crimes'. drugs travel all over the world as a result of globalization, which has been enabled as a western concept.
As we can see, most of the countries which have not abolished capital punishment and who takes drug usage as a most serious crime are countries like North Korea, Singapore, Kuwet, Saudi Arabia and Thailand which are either Asain or Middle Eastern. When adverse effects of globalization are hanging down from their necks , with forced international laws on economic policies, still some say those countries cannot take a soverign action to prevent another adverse effect of globalization like illegal drugs.
If a person is murdered one can say it is a serious crime, but no one looks to the deeper insight where the murder would have been an indirect result of a drug use. So which is the serious crime?, and who make laws and who can believe whether they are right? Isn't it another person who is believed to be right when people in East Asian and Middle Eastern countries are believed to be wrong?
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