CHR Pushes for Human Rights-Based Mode to Drug Treatment, Recovery

Commission on Human Rights (CHR) Executive Director Atty. Jacqueline Ann de Guia lauded the intention of Senate Bill No. 48, which seeks to build drug abuse treatment and rehabilitation centers in every province in the country.

In a statement yesterday, the de Guia said the bill "aims to enhance [the] physical, psychological and social capability [of persons who use drugs] to cope with common problems complemented with social reintegration services. Using a restorative justice perspective in addressing the drug problem is worthy to cite."

However, the CHR gave some recommendations rooted in a human rights-based approach to drug treatment and recovery to further improve the bill.

It reminded the Philippine government the 2015 consensus in East and Southeast Asia and the joint statements of the United Nations in March 2012 and June 2020, which called for the shutdown of drug use compulsory centers and to invest in community-based approaches.

These compulsory centers, as per the CHR, are facilities where those accused of using drugs are involuntarily admitted for treatment for violating the law or government policy on drug use.

However, the difference between jails and rehab centers is blurred since people "are often confronted with the choice to be imprisoned or bargain for lesser penalty that usually comes with a commitment for compulsory rehabilitation."

The compulsory nature of rehab, it added, violates a person's right to health when acceptability and quality of interventions are concerned. Thus, voluntary and evidence-based services over mandatory methods must be undertaken.

"CHR recommends that the proposed measure pivot towards voluntary community-based responses and to treat drug dependence as a health condition through evidence-informed and rights-based approaches,” the CHR said.

“In a similar vein, we caution against the continued use of a watch list, which subjects people who use drugs to surveillance, including surveillance drug test. We reiterate that this practice contravenes the fundamental rights to due process and the right to privacy and confidentiality.”

Moreover, a people-centered approach to rehab should "empower" instead of stigmatizing and diminishing the dignity of those who use drugs. This includes doing away with the use of terms like "addicts" and "victims," as these can be disempowering.

CHR added it is willing to work with Senator Bong Go, proponent of the bill, to ensure it is "consistent with international human rights standards."