A Call for Humanitarian Approach to Drug Policy: Note From Professor Jorge Paladine at the 67th UN Commission on Narcotic Drugs

The 67th session of the Commission on Narcotic Drugs (CND) convened by the United Nations Office on Drugs and Crime (UNODC) in Vienna from March 14–22, 2024, served as a pivotal platform for addressing the complexities of global drug policy. Amidst the sessions, a significant side event titled “Drug Policy and Human Rights: Cannabis Regulation as a Humanitarian Measure” sparked crucial conversations on the intersection of drug regulation and humanitarian principles.

This article sheds light on Professor Jorge Paladines‘s notable contribution to this discourse. Paladines, a member of the UN drug control and a distinguished scholar with Bachelor's in Law (Summa Cum Laude) from the University of Guayaquil; Master in Constitutional Law from Universidad Andina Simón Bolívar (UASB); and MA in Political Science from Facultad Latinoamericana de Ciencias Sociales (FLACSO), brought forth compelling insights into the dichotomy between norms and measures within drug policy.

Paladines began by revisiting the legacy of Ernst Fraenkel, a Jewish jurist, who endured persecution under the oppressive regime of the National Socialist dictatorship. Despite facing immense personal risk, Fraenkel's work courageously exposed the dangers inherent in allowing administrative “measures” to supersede established legal norms. Fraenkel's seminal work, “The Dual State,” elucidated how the enforcement of administrative measures can undermine the rule of law. This ultimately leads to the creation of arbitrary and authoritarian regimes. 

In the context of cannabis regulation, Paladines highlights how punitive measures often overshadow efforts to establish equitable and humane drug policies. Despite growing recognition of the need for harm reduction and human rights-based approaches, punitive measures entrenched in international drug conventions continue to perpetuate systemic injustices, particularly among marginalized communities.

He cited the example of  Germany's ongoing debate on cannabis decriminalization. In this case, legislative progress is hindered by conflicting normative frameworks and punitive measures entrenched in international drug law.

In his closing remarks, Paladines urged the commission to prioritize humanitarian norms rooted in the presumption of innocence and individual autonomy. He emphasized the need to transcend punitive measures and embrace a compassionate approach to drug regulation, centered on harm reduction and human rights.

As the 67th CND session concluded, Paladines's advocacy for reform resonates as a vital call to action. By challenging policymakers to prioritize compassion over punishment, Paladines advocates for a paradigm shift towards equitable and humane drug policy.