Model regulations on demand reduction in Europe Bylaw on drug demand reduction
Models for the the regulation I.There is no “Model Law” in Europe II.European Countries regulate in different ways: Comprehensive laws comprising narcotics control and health aspects (demand reduction): [= traditional approach] Specific laws on demand reduction (prevention, treatment, rehabilitation, harm reduction) [= modern approach – example: SLO] III.Therefore only examples for specific topics available
Examples for the the regulation of the following topics I.General Provisions II.Prevention III.Treatment of addiction IV.Harm reduction V.Rehabilitation and social reintegration VI.Justice system (prosecution, courts, prisons..)
General Provisions 1.Scope of the bylaw: Example: SLO Law on Prevention of Drug Use…(1999) I. GENERAL PROVISIONS Article 1 This Act sets out the measures for preventing the use of illicit drugs and for dealing with consumers of illicit drugs. The measures referred to in the preceding paragraph which cover informational, medical educational and consulting activities, medical treatment, social security services and programmes for the resolution of social problems related to the consumption of illicit drugs, and monitoring of the consumption of illicit drugs, shall be carried out by the competent ministries.
General Provisions 2.Areas to be regulated: (I) Prevention, Treatment, Reduction of harm, Rehabilitation, Reintegration Reference to LPCS Art. 70 §1 Examples: POL Counteracting Drug Addiction: Article Counteracting drug addiction shall be performed through proper social, economic, educational, upbringing and health policy-making and in particular through: 1) upbringing, educational, informative and preventive activities; 2) medical treatment, rehabilitation and reintegration of addicted persons; 3) reduction of health and social harm; 4) control of addictive substances …etc..
General Provisions 2.Areas to be regulated (II): Prevention ; Treatment; Reduction of harm, Rehabilitation, Example: SLO Law on Prevention Art. 3 §3: Measures in the areas of health protection and social security shall cover programmes of health and social security services, and in particular services related to the prevention, treatment, and programmes for the resolution of social problems related to the consumption of illicit drugs. Art. 4 §1: The Commission of the Government of the Republic of Slovenia for Drugs shall promote and coordinate the governmental policy and programmes for the prevention illicit drugs consumption, reduction in illicit drug demand, reduction in harm caused by the use of illicit drugs, treatment, and rehabilitation.….
General Provisions Guiding principles : Rerence to the LPCS Art 63,64; LHC Art (principles) + Art (rights Examples: EU-Strategy UN Political Declarations
General Provisions 4.Relevant institutions/ entities / organisations Reference to LPCS Art.64,66,70,73, Chapter VIII and to the LHC Example: POL Counteracting Law, Chapter 2: Article 5: 1. Tasks of counteracting drug addiction shall be performed by bodies of government administration and local governments within the scope provided herein. 2. Tasks of counteracting drug addiction shall also be performed, within the scope provided herein, by: 1) kindergartens, schools and other organizational units … 2) higher education schools; 3) health care centres as well as other organizational units operating in the hc sector; 6) organizational units of Prison Service, juvenile detention centres and youth shelters; 7) welfare facilities, county family outreach centres and regional social policy centres; 8) the media.
General Provisions 4.Relevant institutions/ entities / organisations Example: concerning NGO’s: SLO Law on Prevention Art, : Article 13: In accordance with this Act, non-governmental organisations shall carry out activities which have been coordinated with the National Programme and which supplement the public service activities in the area of prevention and dealing with addiction to illicit drugs. Etc. Article 14 §2: The activities of the Association of Non-Governmental Organisations shall be…
General Provisions 5.Coordination Reference to LPCS Art ,73 Examples: SLO Law on Prevention Article 4: The Commission of the Government of the Republic of Slovenia for Drugs shall promote and coordinate the governmental policy and programmes for the prevention illicit drugs consumption, reduction in illicit drug demand, reduction in harm caused by the use of illicit drugs, treatment, and rehabilitation. POL Counteracting Law Art. 6,9,12-18
General Provisions 6. Strategy and Action Plan Examples: SLO Law on Prevention Art. 3 The state shall attend to the prevention and reduction in use of illicit drugs via measures in the fields of schooling and education, employment, health protection, social security, and in other fields. For the realisation of the tasks referred to in the preceding paragraph, the National Assembly of the Republic of Slovenia, on the proposal of the Government of the Republic of Slovenia, shall adopt the National Programme of Prevention and Reduction of Use of Illicit Drugs…. which shall set out the strategy of the prevention, treatment, and resolution of social problems related to the consumption of illicit drugs. POL Counteracting Law Art. 7: 1. The National Programme for Counteracting Drug Addiction shall form the basis for actions in counteracting drug addiction.
General Provisions 7.Research Examples: CH Narcotic Law Art. 15c POL Counteracting Law Art. 19 Article Upbringing, education, information and prevention shall cover the following … 2. The activities referred to in paragraph 1 shall cover in particular: (7) conducting scientific research into drug addiction.
General Provisions 8.Monitoring Examples: SLO Countering Law Art. 5 The Republic of Slovenia Government Office for Drugs shall monitor current issues in the area of the prevention of illicit drugs consumption, reduction in illicit drug demand, and reduction in harm caused by the use of illicit drugs; it shall also monitor current issues in the areas of treatment and resolution of social problems related to the consumption of illicit drugs. Art. 15: Monitoring of the consumption of illicit drugs is carried out in the form of the collection, arrangement, processing, and providing of information on illicit drugs, consumers of illicit drugs, and consequences of the use of illicit drugs for the purpose of ensuring a national information network and the inter-departmentally coordinated collection of data and exchange of information on the national and international levels. …
Prevention of drug use 1.Forms of prevention 2.Means of prevention Examples: POL Countercating Law Art. 19 SLO Law on Prevention Art. 5
Prevention of drug use 3.Institutions/organisations responsible for / dealing with prevention 4.Financing of Prevention Financing of prevention is needed to ensure the sustainability of prevention activities
Treatment of addiction Treatment of addiction disease Treatment of other diseases with narcotics (e.g. pain) – symptomatic treatment Reference: LPCS Art. 63, 64 §3, 65,68,69 Examples: AUS Narcotic Substance Act: section PT Decree-Law 15/93: Art. 42 SLO Prevention Law Art. 8,9 POL Counteracting Law: Art. 25
Treatment of addiction Range of treatment methods – Detoxification – Medically assisted treatment (substitution treatment) – Abstinence-oriented treatment – Psycho-social assistance Examples: AUS Narcotic Substance Act: section PT Decree-Law 15/93: Art. 42 SLO Prevention Law: Art 8,9 POL Counteracting Law: Art.
Treatment of addiction Settings for treatment: Reference: LPCS Art. 64 §5
Treatment of addiction Aim of the treatment: – (Gradual) reduction of drug consumption with the ultimate goal of abstinence – Improvement of the health status and the quality of life of the addict – Treatment of (psychiatric) co-morbidities
Treatment of addiction Institutions / organisations / persons providing treatment – Medical doctors / nurses / psychologist / social workers – Healthcare centres, hospitals, reference centres, prisons – Social services, offices for youth References LPCS, LHC and other regulations
Treatment of addiction Special provisions for substitution treatment References: National Guidelines on MST WHO Guidelines on MMT, WHO-UNODC, Examples: GER Narcotics Act: Art. 13 and Ordinance on Prescription: section 5 BEL Substitution Act PT Decree.Law 183/2001: Art
Treatment of addiction Financing of Treatment Example : AUS Narcotic Substance Act: section 16
Harm reduction Definition References: EU Drugs Strategy EU Council Recommendation (May 2003) UNODC – Reducing the adverse consequences
Harm reduction Types of measures, interventions and services Reference: UNODC – Reducing the adverse consequences Examples: PT Decree.Law 183/2001: Art. 1 (and throughout)
Rehabilitation and Social Reintegration Reference: LPCS Art. 72 Examples: POL Counteracting Law: Art. 29, 30 SLO Prevention Law: Art. 10,11 Often regulated by the Laws onn social welfare and social security
Justice system Principle: Treatment instead of prison Rules for preventing and counteracting of drug addiction within prisons Equal rights for addiction care in and out-side the prison Reintegration into society after prison Examples: PT Law 30/2000 GER Narcotics Act: section 35 AUS Narcotic Substance Act: section 14
Essential elements for regulation Thank you for your attention!