This report focuses on the importance of informed consent, particularly by people belonging to vulnerable groups. A section on persons with HIV/AIDS notes that some HIV-related clinical trials conducted on people who use drugs have raised ethical concerns about informed consent. Also, persons deprived of liberty are often subject to compulsory drug testing.
Another section focusing on persons who use drugs notes that they are often perceived as being 'unable to make the “right” decision' and therefore their consent to drug testing or treatment is often not sought. The Special Rapporteur(SP) notes concern at compulsory, non-consensual drug treatment programmes, which are often associated with detention without judicial oversight, prolonged isolation, and even cruel, inhuman or degrading treatment. The SR also notes that treating drug users as criminals is 'counterproductive from a right to health standpoint'.
The report recommends that states change legislation that criminalizes drug use based on non-consensual drug testing, and that drug dependence treatment should only be voluntary and evidence-based.
Citation: Anand Grover, 'Report of the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health' (2009) A/64/272