Twinning Project Implementation of Strategy for Fight Against Drugs in Serbia Kick off and...

Twinning Project Implementation of

Strategy for Fight Against Drugs

in SerbiaKick off and Assessment

November 2012Belgrade

Twinning Project Implementation of Strategy

for Fight Against Drugs

___________________________Presented by Werner Sipp

Expert Consultant - Germany

Towards a Legal Framework for Drug Prevention and

Treatment of Drug Addiction- The Way Forward -

Twinning Kick off - November 2012 3

Towards a Legal Framework for Drug Prevention and

Treatment of Drug Addiction

Existing Regulations and existing Structures

Topics to be regulated European Principles and

Benchmarks Basic elements


Existing Regulations in the field of Drug Policy in

Serbia

Which drug related regulations exist ? Directly linked to drugs Other sectors (health, education etc)

Which elements of the existing regulations are relevant for the field of drug prevention and treatment ?

Which structures are in place in the field of general prevention and treatment specific drug prevention and treatment ?



SerbiaI. Directly linked to drugs:

Law on Controlled Substances (2011) Criminal Code (2005/2009)

Article 246: Unauthorized production and circulation of narcotics

Article 246 a: Unauthorized keeping of narcotics Article 247: Enabling use of narcotics Article 83: Compulsory Drug Addiction Treatment

The Criminal Procedure Code Law on Confiscation of the assets proceeded

from crime Laws related to the production and trade of

precursors



Serbia

I. Not directly linked to drugs, but relevant for Prevention and Treatment:

Laws on Health Care Laws on Social Assistance, Social

Security (Health Insurance etc.) Laws on Education Other Laws


To create this framework, we must: Build on existing Regulations

Adapt (and where appropriate modify) existing Laws

Close gaps by creating specific Regulations on drug prevention and treatment of addiction

Towards a Legal Framework

for Drug Prevention and Treatment of Drug

Addiction


Law on Controlled Substances

deals predominantly with: The classification of, and supply with

psychoactive substances, and the control of psychoactive substances, particularly within the licit trade

but also with: Administration of controlled substances in

health care



Regulations on the demand side:

Application of controlled substances in health care, during implementation of health care measures

Supervision of controlled substances in order to prevent their illicit use

Measures for implementation of program activities for suppression of controlled substances abuse

Establishing referent health care institutions for application of controlled substances in treatment and prevention of addiction diseases



Conclusion:

The Law contains certain institutional elements for prevention and treatment

There is a lack of substantial provisions regulating prevention and treatment


Areas which need to be regulated: Prevention of Drug Abuse Counselling and Early Intervention Treatment of Drug Addiction Harm Reduction Rehabilitation and Reintegration

taking into account: The fundamental principles of the European Drugs

Strategy and the regulations on this subject which are in

force in other European States

Substantial Regulations in the field of Demand

Reduction


preventing people from starting to use drugs

preventing experimental use becoming regular use

early intervention for risky consumption patterns

providing treatment programmes

providing rehabilitation and social reintegration programmes

reducing drug-related health and social damage

The European Drugs Strategy

Legal system has to provide the framework for a demand reduction system which implies the following measures:


Regulations in other European Countries

There is no „European Model“ for Regulation of Prevention and Treatment

Some coutries have special laws focussing

exclusively on demand reduction

Others include it in a broader legal context

Recent laws (mostly from the "new" EU Member States) can serve as “example”


Topics which have to be regulated:

I. General matters

II. Prevention

III. Treatment

IV. Harm Reduction

V. Rehabilitation and Reintegration

VI. Special provisions for the justice system (courts, prisons)

VII. Sanctions/penalties for violating the provisions

Legal Framework for Drug Prevention

and Treatment of Drug Addiction


I. General provisions

1. Definitions

2. Guiding principles

3. Relevant institutions / entities / organisations

4. Coordination

5. Strategy and Action Plan

6. Research

7. Financing


II. Prevention

1. Forms of prevention (primary/secondary prevention)

2. Types and content of prevention activities (educational/informational/vocational; targets)

3. Institutions/organisations/stakeholders in the prevention field

4. Financing of Prevention


III. Treatment

1. Definitions: Forms and methods of treatment, aim of treatment

2. Institutions/organisations/persons providing treatment

3. Special provisions for Substitution Treatment (ST)

4. Financing of treatment


IV. Harm Reduction

Definition of “Harm Reduction”

Types of HR measures, interventions and services:


IV. Harm Reduction

Definition of “Harm Reduction” (HR)

Programmes and measures aiming primarily at reducing the adverse health and social consequences associated with the use of psychoactive substances

“Aid for survival” (GER)

Must be an integral part of a comprehensive and coherent continuum of demand reduction measures

Must be complementary to prevention, treatment and rehabilitation, must not replace them!


VI. Special provisions for the justice system

Principle: Treatment instead of prison

Rules for preventing and counteracting of drug addiction in prisons

Reintegration into society after prison


VII. Sanctions/penalties for violating the provisions

Acting without required licence or qualification

Violation of the rules of Substitution Treatment

Other violations….

Thank you for your attention

Werner SippGermany

Twinning Project Implementation of Strategy for Fight Against Drugs in Serbia Kick off and...

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