(c) (…) in appropriate cases of a minor nature, the Parties may provide, as alternatives to conviction or punishment, measures such as education, rehabilitation or social reintegration, as well as, when the offender is a drug abuser, treatment and aftercare.
(d) The Parties may provide, either as an alternative to conviction or punishment, or in addition to conviction or punishment of an offence established in accordance with paragraph 2 of this article, measures for the treatment, education, aftercare, rehabilitation or social reintegration of the offender.
- Flexibilities in the UN drug conventions
- Alternatives to punishment
(a) The involvement in the offence of an organized criminal group to which the offender belongs; (b) The involvement of the offender in other international organized criminal activities; (c) The involvement of the offender in other illegal activities facilitated by commission of the offence; (d) The use of violence or arms by the offender; (e) The fact that the offender holds a public office and that the offence is connected with the office in question; (f) The victimization or use of minors; (g) The fact that the offence is committed in a penal institution or in an educational institution or social service facility or in their immediate vicinity or in other places to which school children and students resort for educational, sports and social activities; (h) Prior conviction, particularly for similar offences, whether foreign or domestic, to the extent permitted under the domestic law of a Party.
- Alternative development
- Access to controlled medicines
- Harm reduction
- Access to controlled medicines
- Harm reduction
- Flexibilities in the UN drug conventions
- Alternatives to punishment
‘‘Treatment’ will typically include counseling, group counseling or referral to a support group, which may involve out-patient day care, day support, in-patient care or therapeutic community support. A number of treatment facilities may prescribe pharmacological treatment such as methadone maintenance, but treatment referrals are most frequently to drug-free programmes.’
Article 14(4) is an important legal basis for States parties to take into consideration UN agency recommendations on treatment and harm reduction.
See also: WHO guidance and recommendations on needle and syringe programmes and opioid substitution therapy; UNODC/UNAIDS/WHO core package of harm reduction interventions relating to HIV and injecting drug use; UNDCP 2002 legal opinion on the status of harm reduction interventions under the UN drugs conventions
- Access to controlled medicines