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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
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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 ?
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Existing Regulations in the field of Drug Policy in
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
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Existing Regulations in the field of Drug Policy in
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
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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
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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
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Law on Controlled Substances
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
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Law on Controlled Substances
Conclusion:
The Law contains certain institutional elements for prevention and treatment
There is a lack of substantial provisions regulating prevention and treatment
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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
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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:
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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”
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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
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I. General provisions
1. Definitions
2. Guiding principles
3. Relevant institutions / entities / organisations
4. Coordination
5. Strategy and Action Plan
6. Research
7. Financing
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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
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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
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IV. Harm Reduction
Definition of “Harm Reduction”
Types of HR measures, interventions and services:
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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!
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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
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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
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