Brussels, 11 November 2026

Speakers:

Christina Meinecke, Representative of the United Nations High Commissioner for Human Rights to the EU, OHCHR Brussels

Zaved Mahmood, Human Rights and Drug Policy Advisor, OHCHR

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Global Human Rights Challenges in Drug Policy Reform

Presented by Christina Meinecke.

Chair, Excellencies, Distinguished Delegates,

Thank you for the invitation to contribute to today's discussion.

First, I am pleased to share the position of the Office of the United Nations High Commissioner for Human Rights (OHCHR) regarding developments in drug policy and their implications for human rights.

After my presentation, my colleague Zaved Mahmood will share findings and recommendation of the OHCHR recent report on the impact of drug policies on women and girls.

Over the past decade, there has been growing international recognition that effective drug policies and human rights are mutually reinforcing. Increasingly, States, international organizations and regional bodies, such the European Union, are acknowledging that drug-related challenges cannot be addressed solely through security and criminal justice responses. Evidence, public health, gender equality and sustainable development are becoming more prominent elements of drug policy debates.

Despite this progress, significant human rights challenges remain.

Across the world, punitive drug control measures continue to contribute to mass incarceration, discrimination, barriers to health care, and disproportionate impacts on communities already facing marginalization. Human rights concerns associated with drug policies are often not distributed equally. Women and girls, persons living in poverty, Indigenous Peoples, Africans and people of African descent, migrants and other marginalized communities continue to bear a disproportionate burden.

One particularly concerning issue relates to racial disparities in drug law enforcement. UN Human Rights’ recent work, as well as findings of the Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement (EMLER), documents patterns of racial profiling, disproportionate surveillance, arbitrary arrest, excessive use of force and over-incarceration affecting Africans and people of African descent in drug law enforcement in numerous countries. These disparities frequently reflect broader structural inequalities that drug policies may reinforce if not carefully designed and monitored.

Another emerging concern is the increasing tendency in some contexts to address drug trafficking and organized crime through counter-terrorism frameworks. While States have legitimate obligations to ensure public security, responses must remain firmly grounded in international human rights law. Expanded exceptional powers, militarized approaches and prolonged detention risk undermining safeguards that are essential to the rule of law.

At the same time, encouraging developments are emerging globally. A growing number of countries are exploring alternatives to punitive approaches, including decriminalization, alternatives to imprisonment, sentencing reform, expansion of harm reduction services and abolition of the death penalty for drug offences. These reforms demonstrate that public safety, public health and human rights objectives can be pursued simultaneously.

The discussion on responsible regulation forms part of this broader shift. As the High Commissioner has emphasized, responsible regulation can offer an opportunity to move beyond ineffective punitive models while advancing public health and human rights objectives. Such approaches should be evidence-based, accompanied by strong safeguards, and developed through meaningful participation of affected communities.

Any regulatory framework must protect children and other vulnerable groups, promote public health, and avoid replicating harmful commercial practices. Decriminalization should never mean deregulation.

OHCHR has consistently emphasized that prevention policies should focus on preventing and reducing harms associated with drug use through evidence-based, rights-centred and public health approaches. This requires accurate information, social inclusion, access to treatment, harm reduction services and special attention to vulnerable populations, particularly young people.

The international community already possesses important tools to guide this work. The International Guidelines on Human Rights and Drug Policy was launched in 2019 in Vienna – in cooperation with Germany, Switzerland and the European Union Delegation in Vienna, and many other stakeholders. These guidelines provide a practical framework for translating international human rights obligations into drug policy.

As I conclude, let me echo the High Commissioner's call for a transformative shift in drug policy, one that places human dignity, equality and public health at its centre. The challenges we face today cannot be resolved through punitive responses alone. They require policies that address the social determinants of vulnerability, tackle discrimination, strengthen communities and place human rights at the heart of decision-making.

The European Union has demonstrated important leadership in advancing balanced and evidence-based approaches to drug policy. Through its commitment to fundamental rights, health-oriented responses and international cooperation, as demonstrated in its new Drug Strategy, the EU is well placed to champion reforms that are both effective and consistent with international human rights obligations. As global discussions on drug policy continue to evolve, sustained EU leadership can help accelerate the transition towards policies that save lives, reduce harm and leave no one behind.

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Presentation of Recent OHCHR Report on the Impact of Drug Policies on Women and Girls (A/HRC/63/56)

By Zaved Mahmood, Human Rights and Drug Policy Advisor, OHCHR.

Chair, Distinguished Delegates,

I would now like to present key findings from the recent OHCHR report submitted to the Human Rights Council on human rights challenges in addressing the world drug problem, with a particular focus on the impact of drug policies on women and girls. The report was prepared pursuant to Human Rights Council resolution 60/26 and is based on contributions from States, including the European Union, UN entities, national human rights institutions, civil society and academic experts.

The report demonstrates that women and girls experience the consequences of drug policies in distinct and often disproportionate ways, reflecting broader patterns of discrimination and inequality.

Over-incarceration of women

One of the most striking findings concerns criminal justice responses. Although women constitute a minority of the global prison population, female imprisonment rates are increasing faster than those of men. Approximately 35 per cent of incarcerated women worldwide are imprisoned for drug-related offences. These are frequently low-level and non-violent offences, often linked to poverty, coercion, dependency relationships or caregiving responsibilities.

The report also identifies widespread use of pretrial detention for drug offences, often without individualized assessments of necessity and proportionality. Women are frequently detained alongside partners or family members regardless of their actual involvement, generating profound consequences for dependent children and families.

Access to justice and proportionality

Many women encounter barriers to fair trial rights. Judicial proceedings often fail to adequately consider experiences of coercion, domestic violence, abuse, poverty and structural discrimination. Mandatory minimum penalties and mandatory death sentences may further contribute to disproportionate punishment.

The report also documents heightened risks of torture, ill-treatment, sexual violence, harassment, extortion and invasive searches during law enforcement operations and detention.

Death Penalty

OHCHR reiterates that drug-related offences do not meet the threshold of the "most serious crimes" under international law and therefore should never be punishable by death. Nevertheless, 36 countries and territories continue to retain the death penalty for drug offences. In several jurisdictions, drug offences remain among the principal reasons women are sentenced to death.

Right to health

The report identifies serious barriers to women's right to health. Fear of criminalization, involuntary treatment, loss of child custody, stigma and discrimination often discourage women from accessing treatment, harm reduction and health services. Pregnant women who use drugs face particularly acute risks, including detention, coercive medical interventions and criminal sanctions.

Alternative development

The report highlights the specific situation of women engaged in the cultivation of drug crops. Women often experience unequal access to land ownership, credit, education, markets and sustainable livelihoods. Effective alternative development initiatives therefore require the meaningful participation of women and equal access to productive resources and economic opportunities.

Organized crime and exploitation

Women and girls are frequently caught between criminal exploitation and punitive enforcement measures. Many occupy low-level positions in illicit drug markets and are often driven by poverty, coercion, violence or lack of economic opportunities. Security-focused responses to organized crime have, in some contexts, been associated with excessive use of force and gender-based violence.

Prevention

The report stresses that prevention should be evidence-based, health-centred and fully consistent with human rights. Prevention efforts should focus on preventing harms associated with drug use, avoiding criminalization and stigma, and ensuring access to health care, education, social protection and harm reduction services. Prevention measures should also respond to the specific needs of women and girls.

Intersectionality

Importantly, the report emphasizes that gender cannot be viewed in isolation. Women may simultaneously experience discrimination based on race, ethnicity, Indigenous identity, disability, migration status, poverty, age, sexual orientation or gender identity. These intersecting factors can increase exposure to criminalization, detention, violence and barriers to justice and health services.

Promising practices and recommendations

The report identifies encouraging reforms in countries such as Brazil, Colombia and Mexico, where gender-sensitive sentencing reforms and alternatives to incarceration have helped reduce imprisonment while advancing public safety and human rights outcomes.

Recommendations

The report calls on States to adopt human rights-based, gender-responsive and evidence-informed drug policies, including:

• Considering the decriminalization of drug possession for personal use and exploring responsible regulatory approaches.
• Reviewing laws and policies that disproportionately affect women and marginalized groups.
• Expanding alternatives to arrest, prosecution and incarceration, particularly for low-level, non-violent offences.
• Abolishing the death penalty for drug-related offences and ensuring individualized sentencing.
• Guaranteeing access to voluntary, evidence-based treatment, harm reduction, mental health, HIV, hepatitis, and sexual and reproductive health services.
• Strengthening social protection, education, employment and reintegration programmes.
• Ensuring the meaningful participation of women, including women with lived experience, in policy development and implementation.

Conclusion

Chair,

Allow me to conclude with three messages particularly relevant for the European Union.

First, drug policies should be assessed not only through security lens but also through their impact on human dignity, equality and health. ( as already highlighted by the previous speaker).

Second, gender-responsive drug policies are not simply good practice. They are required by international human rights law and are essential for effective policy outcomes.

Third, human rights mechanisms, including the Universal Periodic Review, treaty bodies and Special Procedures, offer valuable tools for monitoring progress, identifying good practices and supporting evidence-based reform.

OHCHR looks forward to continuing its engagement with the European Union and its Member States in advancing drug policies that protect public health, strengthen communities and fully respect human rights.

Thank you.