Model regulations on

demand reduction

in Europe

Bylaw on drug demand reduction

Models for the the regulation I. There is no “Model Law” in Europe

II. European Countries regulate in different ways:• Comprehensive laws comprising narcotics control

and health aspects (demand reduction):[= traditional approach]

• Specific laws on demand reduction (prevention, treatment, rehabilitation, harm reduction)[= modern approach – example: SLO]

III. Therefore only examples for specific topics available

Examples for the the regulation of the following topics

I. General ProvisionsII. PreventionIII. Treatment of addictionIV. Harm reductionV. Rehabilitation and social reintegrationVI. Justice system (prosecution, courts, prisons..)

General Provisions 1. Scope of the bylaw:

Example: SLO Law on Prevention of Drug Use…(1999)• I. GENERAL PROVISIONS• Article 1• This Act sets out the measures for preventing the use of illicit drugs and

for dealing with consumers of illicit drugs.• The measures referred to in the preceding paragraph which cover

informational, medical educational and consulting activities, medical treatment, social security services and programmes for the resolution of social problems related to the consumption of illicit drugs, and monitoring of the consumption of illicit drugs, shall be carried out by the competent ministries.

General Provisions 2. Areas to be regulated: (I) Prevention, Treatment, Reduction of harm, Rehabilitation, ReintegrationReference to LPCS Art. 70 §1Examples:POL Counteracting Drug Addiction: Article 2.1. Counteracting drug addiction shall be performed through proper social, economic, educational, upbringing and health policy-making and in particular

through:1) upbringing, educational, informative and preventive activities;2) medical treatment, rehabilitation and reintegration of addicted persons;3) reduction of health and social harm;4) control of addictive substances …etc..

General Provisions 2. Areas to be regulated (II): Prevention ; Treatment; Reduction of harm, Rehabilitation,

Example: SLO Law on PreventionArt. 3 §3: Measures in the areas of health protection and social security shall

cover programmes of health and social security services, and in particular services related to the prevention, treatment, and programmes for the resolution of social problems related to the consumption of illicit drugs.

Art. 4 §1: The Commission of the Government of the Republic of Slovenia for Drugs shall promote and coordinate the governmental policy and programmes for the prevention illicit drugs consumption, reduction in illicit drug demand, reduction in harm caused by the use of illicit drugs, treatment, and rehabilitation.….

General Provisions Guiding principles : Rerence to the LPCS Art 63,64; LHC Art.19-24 (principles) + Art. 25.40 (rights

Examples: • EU-Strategy• UN Political Declarations 1998 + 2009

General Provisions 4. Relevant institutions/ entities / organisations Reference to LPCS Art.64,66,70,73, Chapter VIII and to the LHC Example: POL Counteracting Law, Chapter 2: Article 5:1. Tasks of counteracting drug addiction shall be performed by bodies of government

administration and local governments within the scope provided herein.2. Tasks of counteracting drug addiction shall also be performed, within the scope provided

herein, by:1) kindergartens, schools and other organizational units …2) higher education schools;3) health care centres as well as other organizational units operating in the hc sector;6) organizational units of Prison Service, juvenile detention centres and youth shelters;7) welfare facilities, county family outreach centres and regional social policy centres;8) the media.

General Provisions 4. Relevant institutions/ entities / organisations

Example: concerning NGO’s:SLO Law on Prevention Art, 13 +14:Article 13: In accordance with this Act, non-governmental organisations shall carry out

activities which have been coordinated with the National Programme and which supplement the public service activities in the area of prevention and dealing with addiction to illicit drugs . Etc.

Article 14 §2: The activities of the Association of Non-Governmental Organisations shall be…

General Provisions 5. CoordinationReference to LPCS Art.70.71 2,73

Examples: SLO Law on Prevention Article 4: The Commission of the Government of the Republic of Slovenia for Drugs

shall promote and coordinate the governmental policy and programmes for the prevention illicit drugs consumption, reduction in illicit drug demand, reduction in harm caused by the use of illicit drugs, treatment, and rehabilitation.

POL Counteracting Law Art. 6,9,12-18

General Provisions 6. Strategy and Action Plan

Examples:SLO Law on Prevention Art. 3The state shall attend to the prevention and reduction in use of illicit drugs via

measures in the fields of schooling and education, employment, health protection, social security, and in other fields.

For the realisation of the tasks referred to in the preceding paragraph, the National Assembly of the Republic of Slovenia, on the proposal of the Government of the Republic of Slovenia, shall adopt the National Programme of Prevention and Reduction of Use of Illicit Drugs…. which shall set out the strategy of the prevention, treatment, and resolution of social problems related to the consumption of illicit drugs.

POL Counteracting Law Art. 7:1. The National Programme for Counteracting Drug Addiction shall form the basis for

actions in counteracting drug addiction.

General Provisions

7. ResearchExamples: CH Narcotic Law Art. 15c

POL Counteracting Law Art. 19 Article 19. 1. Upbringing, education, information and prevention shall cover

the following … 2. The activities referred to in paragraph 1 shall cover in particular: (7) conducting scientific research into drug addiction.

General Provisions 8. MonitoringExamples: SLO Countering Law Art. 5The Republic of Slovenia Government Office for Drugs shall monitor current issues in the

area of the prevention of illicit drugs consumption, reduction in illicit drug demand, and reduction in harm caused by the use of illicit drugs; it shall also monitor current issues in the areas of treatment and resolution of social problems related to the consumption of illicit drugs.

Art. 15: Monitoring of the consumption of illicit drugs is carried out in the form of the collection, arrangement, processing, and providing of information on illicit drugs, consumers of illicit drugs, and consequences of the use of illicit drugs for the purpose of ensuring a national information network and the inter-departmentally coordinated collection of data and exchange of information on the national and international levels. …

Prevention of drug use 1. Forms of prevention 2. Means of prevention

Examples:POL Countercating Law Art. 19SLO Law on Prevention Art. 5

Prevention of drug use 3. Institutions/organisations responsible for /

dealing with prevention

4. Financing of PreventionFinancing of prevention is needed to ensure the sustainability of prevention activities

Treatment of addiction Treatment of addiction disease Treatment of other diseases with narcotics (e.g.

pain) – symptomatic treatment

Reference: LPCS Art. 63, 64 §3, 65,68,69Examples: AUS Narcotic Substance Act: section 11-13 PT Decree-Law 15/93: Art. 42 SLO Prevention Law Art. 8,9 POL Counteracting Law: Art. 25

Treatment of addiction Range of treatment methods– Detoxification– Medically assisted treatment (substitution treatment)– Abstinence-oriented treatment – Psycho-social assistance

Examples: AUS Narcotic Substance Act: section 11-13 PT Decree-Law 15/93: Art. 42 SLO Prevention Law: Art 8,9 POL Counteracting Law: Art.

Treatment of addiction

Settings for treatment:

Reference: LPCS Art. 64 §5

Treatment of addiction

Aim of the treatment:– (Gradual) reduction of drug consumption with

the ultimate goal of abstinence – Improvement of the health status and the

quality of life of the addict – Treatment of (psychiatric) co-morbidities

Treatment of addiction Institutions / organisations / persons providing treatment– Medical doctors / nurses / psychologist / social workers– Healthcare centres, hospitals, reference centres, prisons– Social services, offices for youth

References LPCS, LHC and other regulations

Treatment of addiction Special provisions for substitution treatment

References: National Guidelines on MSTWHO Guidelines on MMT, WHO-UNODC,

Examples:GER Narcotics Act: Art. 13 and Ordinance on Prescription: section 5BEL Substitution ActPT Decree.Law 183/2001: Art. 42.49

Treatment of addiction

Financing of Treatment

Example:AUS Narcotic Substance Act: section 16

Harm reduction Definition

References:EU Drugs StrategyEU Council Recommendation (May 2003)

UNODC – Reducing the adverse consequences

Harm reduction Types of measures, interventions and services

Reference: UNODC – Reducing the adverse consequences

Examples:PT Decree.Law 183/2001: Art. 1 (and throughout)

Rehabilitation and Social Reintegration

Reference: LPCS Art. 72

Examples: POL Counteracting Law: Art. 29, 30

SLO Prevention Law: Art. 10,11 Often regulated by the Laws onn social welfare and social security

Justice system Principle: Treatment instead of prison Rules for preventing and counteracting of drug addiction

within prisons Equal rights for addiction care in and out-side the prison Reintegration into society after prison

Examples: PT Law 30/2000 GER Narcotics Act: section 35 AUS Narcotic Substance Act: section 14

Essential elements for regulation

Thank you for your attention!