Canada, cannabis and the relationship between UN child rights and drug control treaties.
Cannabis
Convention on the rights of the child
Human rights
International law
Single convention
Journal
The International journal on drug policy
ISSN: 1873-4758
Titre abrégé: Int J Drug Policy
Pays: Netherlands
ID NLM: 9014759
Informations de publication
Date de publication:
09 2019
09 2019
Historique:
received:
26
11
2018
revised:
11
01
2019
accepted:
26
02
2019
pubmed:
15
6
2019
medline:
8
5
2020
entrez:
15
6
2019
Statut:
ppublish
Résumé
Article 33 of the UN Convention on the Rights of the Child requires States to take appropriate measures to protect children from illicit drugs 'as defined in the relevant international treaties'. Those treaties are the UN drugs conventions. Following cannabis legalisation, then, can Canada remain in compliance with the CRC while breaching treaties to which Article 33 expressly refers? This article investigates this question with reference to the drafting of the CRC and the drugs conventions, how the relationship between the two systems has been approached, and the practice of the UN Committee on the Rights of the Child from 1993-2015. While the CRC could offer an alternative framework through which to critically assess drug laws and policies, by and large it has operated so as to reinforce the drug control system. An interpretation of Article 33 in the light of Canada's cannabis reforms is proposed. Based on the text of the provision, the pacta tertiis rule, and the object and purpose of the provision, it decouples the CRC from the normative requirements of the drugs conventions.
Identifiants
pubmed: 31200325
pii: S0955-3959(19)30071-4
doi: 10.1016/j.drugpo.2019.02.010
pii:
doi:
Types de publication
Journal Article
Research Support, Non-U.S. Gov't
Langues
eng
Sous-ensembles de citation
IM
Pagination
29-35Informations de copyright
Copyright © 2019 Elsevier B.V. All rights reserved.