Article 33: Protection from Narcotic Drugs and Psychotropic Substances

A Commentary to the United Nations Convention on the Rights of the Child, John Tobin and Philip Alston (eds), Oxford University Press (Forthcoming)

U of Melbourne Legal Studies Research Paper No. 727

51 Pages Posted: 4 Mar 2016

See all articles by Damon Barrett

Damon Barrett

Faculty of Law, Stockholm University; International Centre on Human Rights and Drug Policy, Human Rights Centre, University of Essex

John William Tobin

University of Melbourne - Law School

Date Written: March 3, 2016

Abstract

This chapter explores the meaning of a child’s right to protection from narcotic drugs and pyschotropic substances under article 33 of the UN Convention on the Rights of the Child. It carefully explores the scope and nature of the obligations imposed upon state parties under this unique provision. It argues that for measures to be ‘appropriate’ for the purposes of article 33, they must be rights compliant and effective. Moreover, the protectionist concerns that underlie article 33 are not to be understood through a traditional welfarist lens in which children are to remain silent while adults save them from the harms of drugs. A rights-based approach still demands that adults protect children from illicit drugs but not in ways that deny children recognition of their evolving capacities and insights into the measures to protect them from the harms associated with drug use or involvement in the drug trade.

Keywords: international law, children's rights, illicit drugs

JEL Classification: K00, K33

Suggested Citation

Barrett, Damon and Tobin, John William, Article 33: Protection from Narcotic Drugs and Psychotropic Substances (March 3, 2016). A Commentary to the United Nations Convention on the Rights of the Child, John Tobin and Philip Alston (eds), Oxford University Press (Forthcoming), U of Melbourne Legal Studies Research Paper No. 727, Available at SSRN: https://ssrn.com/abstract=2741907

Damon Barrett

Faculty of Law, Stockholm University ( email )

S-106 91 Stockholm
Sweden

International Centre on Human Rights and Drug Policy, Human Rights Centre, University of Essex ( email )

Colchester, Essex CO43SQ
United Kingdom

John William Tobin (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
71
Abstract Views
559
rank
387,000
PlumX Metrics