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. 2021 Jul 17;16(1):59.
doi: 10.1186/s13011-021-00394-7.

20 years of Portuguese drug policy - developments, challenges and the quest for human rights

Affiliations

Affiliations

  • 1 Research Centre for Justice and Governance (JusGov), University of Minho, Campus de Gualtar, 4710-057, Braga, Portugal. ximene@gmail.com.
  • 2 Institute of Sociology of the University of Porto, Via Panorâmica, s/n, 4150-564, Porto, Portugal.
  • 3 Agência Piaget para o Desenvolvimento (APDES) / RECI, Alameda Jean Piaget, n.100, 4001-801 Arcozelo, V.N.Gaia, Portugal.
  • 4 University Institute of Maia (ISMAI), Research Unit in Criminology and Behavioral Sciences (UICCC/ISMAI) and Research Centre for Justice and Governance, University of Minho (JusGov/UM), ISMAI - Avenida Carlos de Oliveira Campos, 4475-690, Maia, Portugal.

20 years of Portuguese drug policy - developments, challenges and the quest for human rights

Ximene Rêgo et al. Subst Abuse Treat Prev Policy. .
. 2021 Jul 17;16(1):59.
doi: 10.1186/s13011-021-00394-7.

Affiliations

  • 1 Research Centre for Justice and Governance (JusGov), University of Minho, Campus de Gualtar, 4710-057, Braga, Portugal. ximene@gmail.com.
  • 2 Institute of Sociology of the University of Porto, Via Panorâmica, s/n, 4150-564, Porto, Portugal.
  • 3 Agência Piaget para o Desenvolvimento (APDES) / RECI, Alameda Jean Piaget, n.100, 4001-801 Arcozelo, V.N.Gaia, Portugal.
  • 4 University Institute of Maia (ISMAI), Research Unit in Criminology and Behavioral Sciences (UICCC/ISMAI) and Research Centre for Justice and Governance, University of Minho (JusGov/UM), ISMAI - Avenida Carlos de Oliveira Campos, 4475-690, Maia, Portugal.

Abstract

Portugal decriminalized the public and private use, acquisition, and possession of all drugs in 2000; adopting an approach focused on public health rather than public-order priorities. Arguing that the Portuguese Drug Policy Model has not proven influential enough to emancipate drug use from the stigma that associates it either with crime or pathology, this article critically discusses the developments and current challenges the Portuguese drug policy confronts, namely the growing diversity of drug use patterns observed in Portugal as well as in Europe. To this end, international and national legal instruments concerning drugs and official local data were analysed. Despite encouraging results, conclusions indicate that these policies are marked by contradictions and ambiguities that have permeated its history since the very beginning, and modest ambitions, particularly regarding the implementation of harm reduction measures. Moreover, the polemical Supreme Court judgment that reestablished, in 2008, drug use as a crime when the quantities at play exceeded those required for an average individual's use for 10 days, might have impacted the landscape of drug use penalization. The last decade saw an increase of punitiveness targeted at drug users, including criminal sentences of jail terms. We finish with some suggestions that could be employed in the practical application of drug policy.

Keywords: Commissions for the dissuasion of drug addiction; Crime of drug use; Decriminalization; Harm reduction; Human rights; Portuguese drug policy.

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Conflict of interest statement

All authors declare that there are no financial relationships with any organisations that might have an interest in the submitted work; there are no other relationships or activities that could appear to have influenced the submitted work.

Figures

Fig. 1

Fig. 1

Main Portuguese legal diplomas on…

Fig. 1

Main Portuguese legal diplomas on drugs. From: Timeline designed by the authors. Cited…

Fig. 1
Main Portuguese legal diplomas on drugs. From: Timeline designed by the authors. Cited legal instruments: Decree-law n. 420/70, September 3, 1970. In Diário do Governo n° 204 – I Série. Ministry of Justice; Decree-law n. 792/76, November 5, 1976. In Diário da República n° 259 – I Série. Ministry of Justice; Decree-law n. 430/83, December 13, 1984. In Diário da República n° 285 – I Série. Ministry of Justice and Health; Decree-law n. 15/93, January 22, 1993. In Diário da República n° 18 – I Série. Ministry of Justice; Law n. 30/2000, November 9, 2001. In Diário da República n° 276 – I Série; Decree-law n. 130 -A/2001 (January 23, 2001); The Portuguese National Drug Strategy (1999)
Fig. 2

Fig. 2

Convicted individuals for drug use,…

Fig. 2

Convicted individuals for drug use, by type of penalty. From: Chart designed by…

Fig. 2
Convicted individuals for drug use, by type of penalty. From: Chart designed by the authors, based on data provided by SICAD – Annexes to national reports on drugs between 2003 and 2020, available at: http://www.sicad.pt/PT/Publicacoes/Paginas/default.aspx

References

    1. MacGregor S, Singleton N, Trautman F. Towards good governance in drug policy: evidence, stakeholders and politics. Int J Drug Policy. 2014;25(5):931–934. doi: 10.1016/j.drugpo.2014.06.017. - DOI - PubMed
    1. Bone M. Human rights and drug control. London: Routledge; 2020.
    1. UNODC . Outcome document of the 2016 United Nations general assembly special session on the world drug problem. Our joint commitment to effectively addressing and countering the world drug problem. New York: United Nations publications; 2016.
    1. Eastwood N, Fox E, Rosmarin A. A quiet revolution: drug decriminalisation across the globe. London: Release Drug, The Law and Human Rights; 2016.
    1. Quintas J. Regulação legal do consumo de drogas: impactos da experiência portuguesa da descriminalização. Porto: Fronteira do Caos; 2011.

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