Attributes of Article 33

Data is collected and disaggregated by prohibited grounds for discrimination including age, sex, ethnicity, disability, when applicable

Protection from the illicit use of narcotic drugs and psychotropic substances

Prevention of the use of children in illicit production and trafficking

‘Appropriate measures’ – ‘Rights compliance and effectiveness’ as a normative test

Structural

Indicators

as an indication of commitment to take action, refers to the existence of institutions and policies and laws aligned with the international child rights laws and for the realisation of children’s rights.

1. Legislation is in place to protect children from the illicit use of narcotic drugs and psychotropic substances and prevent the use of children in illicit drug use, production and trafficking.

2. National Plan of Action (NPA) outlines the State’s approach to:

2.1 Protection of children from drug use and drug related harm, including assistance to families experiencing drug dependency

2.2 Children’s involvement in the illicit drug trade, including diversion from the criminal justice system, poverty reduction and, where relevant, alternative development strategies

2.3 Stigma reduction strategies relating to drug use

2.4 Appropriate and effective sanctions and methods of enforcement for adults involving children in drug use, production and trafficking.

3. Legislation prohibits:

3.1 Children being subjected to criminal sanction for their drug use/possession for personal use

3.2 Age restrictions excluding legal minors from drug treatment or harm reduction services

3.3 Removal from the care of the parent on the basis of parental drug use or drug dependence absent evidence of actual neglect or abuse

4. Legislation includes:

4.1 An adequate and accurate definition of child exploitation in the context of involvement in the illicit drug trade

4.2 Attention to proportionality sentencing of children for drug offences

4.3 Age controls, taxation and other regulatory controls in legally regulated markets (e.g. new cannabis markets)

Process

Indicators

refers generally to efforts made and actions taken, following on from commitment, and thus to specific activities, resources and/or initiatives in pursuit of rights’ realisation.

5. Expenditure on demand reduction initiatives (prevention, drug dependence treatment and harm reduction).

6. GCRD Percentage of primary and secondary schools offering evidence-based education about:

6.1 The harms of drugs

6.2 Safe environments

6.3 Illicit use of pharmaceuticals (control of illicit trade in pharmaceuticals and controlled drugs)

7. Evidence-based and recommended drug use prevention measures.

8. Poverty reduction and alternative development strategies as a proportion of drug policy spending.

9. State ensures that invasive investigatory practices for children including random drug testing, strip searches, and sniffer dogs are avoided at all costs.

10. State ensures that voluntary consent from the child is a precondition of drug dependence treatment.

Outcome

Indicators

refers to a measurable resultant change either in the “rights environment” or directly in lives of children.

11. Percentage of children using drugs who have access to drug dependence treatment and harm reduction services.

12. Percentage of children using drugs who are also living in households affected by drug dependence.

13. Percentage of children in contact with the criminal justice system because of trafficking and/or production of drugs.

14. Percentage of children excluded from school due to drug use.

15. Percentage of children in drug treatment who are placed on a compulsory basis.