Erowid References Database
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Walsh C.
“Drugs and human rights: private palliatives, sacramental freedoms and
cognitive liberty”.
The International Journal of Human Rights. 2010 May;14(3):425-441.
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Abstract
This paper reviews the impact of ten years of domestic incorporation of the European Convention on Human Rights (ECHR) on the evolution of the United Kingdom's primary piece of prohibitive drugs legislation, the Misuse of Drugs Act 1971. The significant cases where traditional interpretation of this Act has been challenged in the courts using the Convention are discussed. Structured thematically, this paper
looks at the interplay between drug prohibition and human rights in addressing complex issues, such as our right to self-medicate, to practice our religion(s) freely, and to explore our own consciousness. The intention is to expose the untapped potential of the ECHR as a tool with which to fundamentally challenge the (discriminatory) drug policy of the United Kingdom.
Key Words: Misuse of Drugs Act 1971; European Convention on Human Rights; self-medication; religious freedom; cognitive liberty; drug discrimination
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