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III. Obligations Arising from the Human Rights of Particular Groups

1.2 Interventions for children who use drugs

Children have the rights to health, to be heard in matters related to their own health care, and to decisions based on clinical need in the best interests of the child, including decisions related to interventions for children who use drugs.

In accordance with these rights, States should:

i. Develop accessible, child-sensitive prevention, drug dependence treatment, and harm reduction services.

ii. Ensure that decisions regarding access to drug-related health services are taken in the best interests of the child, with due regard to their evolving capacities.

iii. Remove legal age restrictions on existing drug-related health services.

iv. Ensure that young people who use drugs have access to drug-related health information, and counselling without parental or guardian consent, and that treatment or harm reduction service provision without parental or guardian consent is possible when in the best interests of the individual.

Where these interventions concern drug-related criminality, States should:

v. Target efforts primarily at diversion from the criminal justice system and promote rehabilitation over punishment.

vi. Refrain from criminalising children because of their drug use or possession of drugs for personal use.

vii. Adhere to international juvenile justice standards in all efforts to address and respond to drug-related criminality among children and young people.

Commentary:

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