Correlation Focal points and expert group meeting

The Correlation – European Harm Reduction Network held its Focal point and expert group meeting from 2 to 4 October 2019 in Helsinki. The meeting gathered 60 participants from 31 countries and territories. Among them, DPNSEE network members are focal points for Albania, Bosnia Herzegovina, Bulgaria (not present at the meeting), Greece, Montenegro, North Macedonia, Romania and Serbia.

The agenda included a wide range of interesting issues including New projects on European level, Results of the first round of monitoring harm reduction, Challenges in Harm Reduction and also Correlation state of affairs and Methadone shortage in Romania. Complementing this agenda, participants were given the opportunity to join a series of workshops on Advocacy, Peer Involvement and Intervention Planning, Monitoring and Evaluation. Building upon this pool of expertise, the event offered the possibility to present developments in the different EU countries in regard to drug policy and harm reduction and to disseminate relevant work and activities.

Since the launch of the monitoring tool for harm reduction organizations, Correlation Focal Points have been working on collecting the required data and information. The tool had more than 100 questions and 35 countries from Europe participated. Some results are strange. For instance, the only 3 countries in Europe which expressed civil society’s good cooperation with governments were Albania, Bosnia Herzegovina and Romania! During the meeting, participants shared their experiences and provided feedback on the tool and the process.

Ms Dagmar Hedrich, Head of the Health consequences and responses sector, Lead scientist for harm reduction at EMCDDA, presented the data collected by the agency. DPNSEE Vice President and Executive Director asked what can we do with outdated data coming from some EMCDDA focal points and how could they include data from candidate and non-EU countries? The reply we got was that EMCDDA’s institutional obligation is to report on 28 EU countries and 2 who pay for their services (Norway and Turkey) and that budget cuts and no funds prevent them to cover more. An interesting view Ms Hedrich proposed is that the civil society organisations can perform social autopsy of overdose deaths of people who were using their services. The implementation researches are one of important potentials of CSOs – qualitative information they can provide. A good model they use is that EMCDDA prepares short reports with key messages, tailored for policy makers, followed by webpages or web based portals which give a full information.

The presentation from the European Centre for Disease Prevention and Control (ECDC) was focused on monitoring in general and on Hepatitis in particular. It emphasized that there is a big problem with low number of those diagnosed for HEP, huge numbers in prisons and lack of accurate data.

On Friday 4, the seminar Wellbeing economy – A way to sustainability in the HIV and AIDS response? was held as an official side event during Finland’s Presidency of the Council of the EU in cooperation with HIV Finland.

The right to privacy of using cannabis

At the beginning of the year, The European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) published the news about the right to privacy of using cannabis. The news indicate that in 2018 the highest courts in countries across three continents have asserted that state intervention in the private life of their citizens who wish to (grow and) use cannabis is not always justified. EMCDDA reports about three countries: Georgia, South Africa and Mexico.

Georgia

In Georgia, on 30 July, the Constitutional Court decided that punishment of use of cannabis in private without a doctor’s prescription was in breach of Article 12 of the Constitution, which states ‘Everyone has the right to the free development of their personality’. The court found that the aims of protecting public health or public security could not justify state punishment of cannabis use in private. Penalising cultivation and possession for personal use were not contested in this case and therefore not considered.

South Africa

In South Africa, on 18 September, 10 judges of the Constitutional Court ruled that it was not reasonable to penalise an adult who cultivates, or uses, or possesses cannabis for personal consumption in private. The laws were incompatible with Article 14 of the Constitution, which states that ‘Everyone has the right to privacy which includes the right not to have […] their possessions seized’.

Mexico

In Mexico, on 31 October, the Supreme Court gave its fifth judgement since 2015 stating that penalising private cultivation, possession and use of cannabis (and tetrahydrocannabinol) was unconstitutional, against the principle of free development of the personality. Other courts are obliged to follow Supreme Court judgments once five similar rulings have been delivered.

All three courts emphasised that any private use of cannabis should not be in the presence of children.

The courts also commented on trends in international developments in cannabis policy and use. The Georgian court noted the increasing application of human rights law in modern legal standards, and the South African court ruled that such state interference is not justified ‘in open and democratic societies’.

In the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, Article 3(2) states that a country should criminalise possession and cultivation for personal use ‘subject to its constitutional principles’. The court in Mexico stated that it upheld the constitutional principle of free development of personality and considered it was still in line with the Convention.

The European Convention on Human Rights, Article 8(1), states that “Everyone has the right to respect for his private and family life, his home and his correspondence’, with limits, and the ‘private life’ has been interpreted to include the right to develop one’s own personality.”