Maternal health and human rights impacts of Russian drug policy.

This article describes how Russian drug policy defies international ethical standards in patient care and violates the human rights of pregnant people who use drugs. While the CEDAW Committee previously found Russia to be in violation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) by failing to ensure that pregnant people have access to gender-sensitive drug dependence treatment, to date the Committee has refused to address the role of drug criminalization in enabling this human rights violation. This article outlines the gendered impacts of Russia's punitive approach to drug use, including its detrimental effects on maternal health, and concludes by urging the CEDAW Committee to follow the approach of the UN Committee on Economic, Social and Cultural Rights, the UN Chief Executives, the World Health Organization, and UNAIDS, as well as senior UN lawyers and international legal experts to assess drug criminalization critically through the prism of the CEDAW convention.

"The Law Doesn't Protect Me": Examining the Effectiveness of Good Samaritan Drug Overdose Legislation.

: Amid an unprecedented overdose crisis in Canada, the federal government passed the Good Samaritan Drug Overdose Act, which provides immunity from simple drug possession charges to overdose witnesses who phone 911. The law was meant to address the barriers posed by police presence and to encourage bystanders to seek emergency supports. : Our goal was to examine the effectiveness of the Good Samaritan law from the perspective of people who use drugs.

"That's why people don't call 911": Ending routine police attendance at drug overdoses.

Research has shown that police attendance and the corresponding threat of criminal charges are major deterrents to people seeking emergency medical assistance in the event of an overdose. In response to these barriers, Canada passed the Good Samaritan Drug Overdose Act in 2017, providing immunity from prosecution for simple drug possession to overdose victims or bystanders who phone 911. In theory, this should make people more comfortable seeking emergency supports, but in practice our research found that many remain hesitant because police continue to be routinely dispatched to the overdose site.

Human rights in patient care: drug treatment and punishment in Russia.

An inherent feature of drug control in many countries has been an excessive emphasis on punitive measures at the expense of public health. At its most extreme, this approach has reduced health services for people who use drugs to an extension of the drug control system. In these environments, health services are punitive rather than supportive for people who use drugs, especially those who are drug dependent.

Human rights violations against sex workers: burden and effect on HIV.

We reviewed evidence from more than 800 studies and reports on the burden and HIV implications of human rights violations against sex workers. Published research documents widespread abuses of human rights perpetrated by both state and non-state actors. Such violations directly and indirectly increase HIV susceptibility, and undermine effective HIV-prevention and intervention efforts.

Federal Court: incarcerated man did not have right to choice of doctor.

In December 2010, the Federal Court rejected a former prisoner's request for judicial review of a decision of the Correctional Service of Canada (CSC) regarding his choice of physician while incarcerated.

Federal court allows application for judicial review of HIV-positive woman from Jamaica.

On 26 January 2011, the Federal Court allowed an application for judicial review by Ferona Elaine Mings-Edwards, who based her application for permanent residence on humanitarian and compassionate grounds, including the hardship that she claimed that she would face in Jamaica from her former domestic partner and because of her HIV-positive status.

Swazi man's refugee claim rejected: PHAs not a "particular social group".

On 14 July 2009, the Refugee Protection Division of the Immigration and Refugee Board (IRB) rejected the claim for refugee protection of B.L.H.

British Columbia: sex workers granted standing to challenge Criminal Code.

On 12 October 2010, a majority of the Court of Appeal of British Columbia allowed the appeal of Shari Kiselbach and the Downtown Eastside Sex Workers United against Violence Society (SWUAV) regarding their standing to challenge provisions of the Criminal Code concerning prostitution.

Ontario: prostitution-related provisions of Criminal Code struck down.

In September 2010, the Ontario Superior Court of Justice held that three provisions of the Criminal Code dealing with prostitution violated sex workers' constitutional rights, were not in accordance with the principles of fundamental justice and must be struck down.

Proposed EU-India free trade agreement could impede manufacture of generic HIV drugs.

Medical experts are warning that an international trade agreement being brokered between the European Union (EU) and India could greatly restrict the access of people living with HIV in the developing world to life-saving antiretroviral medication.

Federal Court orders review of prospective immigrants' plan to obtain private insurance for HIV medication.

On 31 December 2009, the Federal Court allowed the judicial review application of Ricardo Companioni and his common-law partner on the basis that the ability and willingness of the applicants to defray the cost of their out-patient prescription drug medications is a relevant consideration in assessing whether the demands presented by an applicant's health condition constitute an "excessive demand".

Federal Court dismisses appeal in permanent residence case, says personal commitments to pay for HIV treatment are unenforceable.

On 16 February 2010, the Federal Court dismissed the judicial review application of Al-Karim Ebrahim Rashid on the basis that personal commitments to pay for required health services such as HIV treatment are non-enforceable.

HIV-positive Zimbabwean couple's refugee claim accepted on the basis of their political affiliation.

On 23 November 2009, the Refugee Protection Division of the Immigration and Refugee Board (IRB) found two citizens of Zimbabwe to be Convention refugees based on their political affiliation with Zimbabwe's opposition party and the impact this had on their access to antiretroviral treatment in Zimbabwe. The refugee claims of their children, who were not infected with the virus, were rejected.

Ontario court strikes civil suit against Toronto and Ontario for failing to protect plaintiff from contracting HIV.

On 10 March 2010, the Ontario Superior Court of Justice struck in its entirety Percy Whiteman's statement of claim against Ontario and Toronto for negligently failing to protect him from contracting HIV from his spouse, holding that it disclosed no reasonable cause of action. Whiteman's claim that Canada was vicariously liable for the acts of immigration agents and employees was allowed to proceed, as it was not plain and obvious that no private law duty of care could be found to exist between Whiteman and Canada.

B.C. Court of Appeal upholds supervised injection site's right to operate.

On 15 January 2010, the British Columbia Court of Appeal held that Insite, North America's first supervised injection site, was a provincial undertaking that did not undermine the federal goals of protecting health or eliminating the market that drives drug-related offences. As such, the Court held, the drug possession and trafficking provisions of the Controlled Drugs and Substances Act (CDSA) did not apply to it.

Panel: rights of people in prison to HIV prevention, treatment and care.

This article contains summaries of the five presentations made during this panel. Ralf Jürgens provides an overview of the issue of needle exchange programs in prisons, and reviews the international experience with such programs. Sandra Ka Hon Chu advances the legal and human rights arguments for establishing needle exchanges in Canadian prisons.

New excessive demand policy for immigration applicants.

Under a new policy adopted in September 2008, Citizenship and Immigration (CIC) officers must now consider all evidence presented by an immigration applicant before making a decision of inadmissibility due to excessive demand on social services. Evidence regarding both ability and intent to mitigate the cost of social services in Canada must be considered, if presented.

Court says French government's refusal to authorize adoption violates woman's human rights.

On 22 January 2008, the European Court of Human Rights held that there had been a violation of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) in the case of E.B. v.

European Court of Human Rights rejects prisoner's plea for prison needle exchange.

On 4 January 2008, the European Court of Human Rights declared inadmissible an application from prisoner John Shelley alleging a violation of his rights under the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention).