Harm reduction
Definition
Harm reduction refers to the laws, policies, and practices that seek to reduce harm associated with a particular - relatively risky - behaviour. Harm reduction entails substitution of a high-risk behaviour with a relatively less risky behaviour. This requires a comprehensive set of policies to tackle a public health challenge which might be banned or criminalised. For instance, some countries have implemented syringe exchange programmes to incentivize people who inject drugs to use a new needle every time. These programmes reduce chances of acquiring infections like HIV, Hepatitis B, and Hepatitis C from the use of old needles and thereby typically improve health outcomes. Other such policies include opioid substitution therapy, safe injection sites and free distribution of naloxone.
Criminalization of HIV and certain behaviours such as drug use is one of the major impediments to the implementation of harm reduction. Criminal punishment, or even the fear of facing criminal punishment, makes these policies less accessible and thereby less effective.
Effective harm-reduction laws, policies, and practices are rooted in human rights as it protects individual autonomy, curtails discrimination and provides equal access to healthcare. Despite the widespread evidence of positive impact of harm reduction policies, many countries continue to fail to invest in harm reduction, retraining and sensitisation of healthcare providers, and lack of community involvement while promulgating and implementing harm reduction policies.
States have recently adopted several international commitments relating to harm reduction, as reflected in the Language Compendium. These include commitments to increase national leadership and resource allocation towards harm reduction policy interventions.
Precedents
2021 Political declaration on HIV and AIDS
“Increasing national leadership, resource allocation and other evidence - based enabling measures for proven HIV combination prevention, including condom promotion and distribution, pre-exposure prophylaxis, post-exposure prophylaxis, voluntary male medical circumcision, harm reduction, in accordance with national legislation, sexual and reproductive health-care services, including screening and treatment of sexually transmitted infections, enabling legal and policy environments, full access to comprehensive information and education, in and out of school.” (paragraph 30(a))
“Note with concern that the majority of countries and regions have not made significant progress in expanding harm reduction programmes, in accordance with national legislation, as well as antiretroviral therapy and other relevant interventions that prevent the transmission of HIV, viral hepatitis and other blood -borne diseases associated with drug use, particularly those who inject drugs, and call urgent attention to the insufficient coverage of programmes and substance use treatment programmes that improve adherence to HIV drug treatment services, the marginalization of and discrimination against people who use drugs, particularly those who inject drugs, through the application of restrictive laws, which hamper access to HIV-related services, and in that regard, ensure access to and use of the full range of such interventions, including in prevention, treatment and outre ach services, prisons and other closed settings, and promoting in that regard the use, as appropriate, of the technical guidance issued by the World Health Organization, the United Nations Office on Drugs and Crime and the Joint United Nations Programme on HIV/AIDS, and note with concern that gender-based and age-based stigma and discrimination often act as additional barriers for women and for young people who use drugs, particularly those who inject drugs, to access and use these services.” (paragraph 37)
2019 Political declaration of the HLM on UHC
“Implement measures to promote and improve mental health and well-being as an essential component of universal health coverage, including by scaling up comprehensive and integrated services for prevention, including suicide prevention, as well as treatment for people with mental disorders and other mental health conditions as well as neurological disorders, providing psychosocial support, promoting well-being, strengthening the prevention and treatment of substance abuse, addressing social determinants and other health needs, and fully respecting their human rights, noting that mental disorders and other mental health conditions as well as neurological disorders are an important cause of morbidity and contribute to the non-communicable diseases burden worldwide.” (paragraph 36)
2018 CND On mother-to-child transmission among women who use drugs
“Encourages Member States, as appropriate, within their national and regional contexts, to promote, among relevant agencies and social services sectors, non-stigmatizing attitudes in the development and implementation of scientific evidence-based policies related to the availability of, access to and delivery of health, care and social services for drug users, including women and girls who use drugs or who are exposed to risk factors associated with drug use, and to reduce any possible discrimination, exclusion or prejudice that these people may encounter.” (paragraph 2)
“Requests Member States, as appropriate, within their national and regional contexts, to continue to enhance inclusiveness in developing relevant programmes and strategies, to seek opinions and contributions from women and girls who use drugs and from organizations and families and community members who work with them and support them, and to facilitate development of scientific evidence-based policies regarding the availability of, access to and delivery of services to women and girls who use drugs.” (paragraph 3)
“Further calls upon Member States to offer women who use drugs, especially those who have recently shared injecting equipment, and/or have been sexually assaulted, access to health clinics and, where possible, assisted referral, and access to post-exposure prophylaxis, in accordance with national legislation and taking into account the United Nations Office on Drugs and Crime guidelines in the publication Addressing the Specific Needs of Women who Inject Drugs: Practical Guide for Service Providers on Gender-Responsive HIV Services.” (paragraph 8)
2017 Resolution on international cooperation to address and counter the world drug problem
“Urges Member States to increase the availability, coverage and quality of scientific evidence-based prevention measures and tools that target relevant age and risk groups in multiple settings, reaching youth in school as well as out of school, among others, through drug abuse prevention programmes and public awareness-raising campaigns, including by using the Internet, social media and other online platforms, to develop and implement prevention curricula and early intervention programmes for use in the education system at all levels, as well as in vocational training, including in the workplace, and to enhance the capacity of teachers and other relevant professionals to provide or recommend counselling, prevention and care services.” (paragraph 15)
“Encourages Member States to promote the inclusion in national drug policies, in accordance with national legislation and as appropriate, of elements for the prevention and treatment of drug overdose, in particular opioid overdose, including the use of opioid receptor antagonists, such as naloxone, to reduce drug-related mortality.” (paragraph 19)
“Emphasizes the need to enhance the knowledge of policymakers and the capacity, as appropriate, of relevant national authorities on various aspects of the world drug problem in order to ensure that national drug policies, as part of a comprehensive, integrated and balanced approach, fully respect all human rights and fundamental freedoms and protect the health, safety and well-being of individuals, families, vulnerable members of society, communities and society as a whole, and to that end encourages the cooperation of Member States with, and cooperation among, the United Nations Office on Drugs and Crime, the International Narcotics Control Board, the World Health Organization and other relevant United Nations entities, within their respective mandates, including those relevant to the above-mentioned issues, and relevant regional and international organizations, as well as with civil society and the private sector, as appropriate.” (paragraph 27)
“Calls upon Member States to enhance access to treatment for drug use disorders for those who are incarcerated and promote effective oversight and encourage, as appropriate, self-assessments of confinement facilities, taking into consideration the United Nations standards and norms on crime prevention and criminal justice, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), implement, where appropriate, measures aimed at addressing and eliminating prison overcrowding and violence, and provide capacity-building to relevant national authorities.” (paragraph 30)
“Urges all Member States to enact comprehensive measures aimed at stemming the abuse of prescription drugs, in particular through the establishment of awareness-raising initiatives targeting the general public and health-care providers.” (paragraph 45)
“Calls upon Member States to continue efforts to identify and monitor trends in the composition, production, prevalence and distribution of new psychoactive substances, as well as patterns of use and adverse consequences, and assess the risks to the health and safety of individuals and society as a whole and the potential uses of new psychoactive substances for medical and scientific purposes, and on that basis to develop and strengthen domestic and national legislative, regulatory, administrative and operational responses and practices by domestic and national legislative, law enforcement, judiciary, social and welfare, educational and health authorities.” (paragraph 55)
“Encourages Member States to ensure that measures to prevent the illicit cultivation of and to eradicate plants containing narcotic and psychotropic substances respect fundamental human rights, take due account of traditional licit uses, where there is historical evidence of such use, and of the protection of the environment, in accordance with the three international drug control conventions, and also take into account, as appropriate and in accordance wi th national legislation, the United Nations Declaration on the Rights of Indigenous Peoples.” (paragraph 63)
2016 Outcome Document of the Session on the World Drug Problem
“Invite relevant national authorities to consider, in accordance with their national legislation and the three international drug control conventions, including in national prevention, treatment, care, recovery, rehabilitation and social reintegration measures and programmes, in the context of comprehensive and balanced drug demand reduction efforts, effective measures aimed at minimizing the adverse public health and social consequences of drug abuse, including appropriate medication-assisted therapy programmes, injecting equipment programmes, as well as antiretroviral therapy and other relevant interventions that prevent the transmission of HIV, viral hepatitis and other blood-borne diseases associated with drug use, as well as consider ensuring access to such interventions, including in treatment and outreach services, prisons and other custodial settings, and promoting in that regard the use, as appropriate, of the technical guide for countries to set targets for universal access to HIV prevention, treatment and care for injecting drug users, issued by the World Health Organization, the United Nations Office on Drugs and Crime and the Joint United Nations Programme on HIV/AIDS.” (paragraph 1(o))
2011 Political Declaration on HIV and AIDS
“Giving consideration, as appropriate, to implementing and expanding risk- and harm-reduction programmes, taking into account the WHO, UNODC, UNAIDS Technical Guide for Countries to Set Targets for Universal Access to HIV Prevention, Treatment and Care for Injecting Drug Users, 7 in accordance with national legislation.” (paragraph 59(h))
2010 ILO Recommendation concerning HIV and AIDS and the world of work
“The Recommendation sets out comprehensive provisions on safety and health measures to be taken to prevent workers’ exposure to HIV, with particular emphasis on workers whose occupations may place them at greater risk of exposure to HIV transmission.” (paragraph 6)
2006 Political Declaration on HIV/AIDS
“Reaffirm that the prevention of HIV infection must be the mainstay of national, regional and international responses to the pandemic, and therefore commit ourselves to intensifying efforts to ensure that a wide range of prevention programmes that take account of local circumstances, ethics and cultural values is available in all countries, particularly the most affected countries, including information, education and communication, in languages most understood by communities and respectful of cultures, aimed at reducing risk-taking behaviours and encouraging responsible sexual behaviour, including abstinence and fidelity; expanded access to essential commodities, including male and female condoms and sterile injecting equipment; harm-reduction efforts related to drug use; expanded access to voluntary and confidential counselling and testing; safe blood supplies; and early and effective treatment of sexually transmitted infections.” (paragraph 22)
2000 WHA on HIV/AIDS: confronting the epidemic
“Urges States to establish or to expand counselling services and voluntary confidential HIV-testing in order to encourage health-seeking behaviour and to act as an entry point for prevention and care.” (paragraph 1(18))
“Urges States to continue research on the prevention of mother-to-child transmission of HIV and to integrate interventions for it into primary health care, including reproductive health services, as part of comprehensive care for HIV-infected pregnant women and postnatal follow-up for them and for their families, ensuring that such research is free from interests that might bias the results and that commercial involvement should be clearly disclosed.” (paragraph 1(19))
Expert precedents
2022 OHCHR Annual Report on Human Rights and HIV/AIDS
“Recommend that States end the practice of compulsory drug detention and drug treatment; repeal all mandatory minimum prison sentences for drug offences; ensure access to essential services for people who use drugs, including voluntary referrals to health, social, harm reduction and treatment services that are grounded in evidence, human rights and gender sensitivity; apply a moratorium on admissions to compulsory drug detention centres and private treatment centres; and immediately release persons confined against their will in private or public drug treatment facilities.” (paragraph 15(f))
“Recommend that States implement, maintain and scale up non-discriminatory health and harm reduction measures in prisons, in accordance with best practices in public health and professionally accepted standards, and in consultation with detainee groups and community health organizations, to ensure operational success, taking into account the need for culturally appropriate and gender-specific programmes.” (paragraph 15(g))
Evidence
2022 WHO Guidance on Differentiated and Simplified PrEP for HIV Prevention
“A review of PrEP delivery for people who inject drugs found that integrated PrEP services with comprehensive community-based harm reduction programmes are likely to be most effective in reaching people who inject drugs, and harm reduction services are key to increasing awareness of and linkage to PrEP services.” (p. 24)
2022 WHO Consolidated Guidelines on HIV, Viral Hepatitis and STI Prevention, Diagnosis, Treatment and Care for Key Populations
“At the time of writing there is extremely low coverage of the evidence-based package of NSPs and OAMT. As a direct result, people who inject drugs are disproportionately affected by HIV and viral hepatitis.” (p. 49)
2021 WHO Consolidated Guidelines on HIV Prevention, Testing, Treatment, Service Delivery and Monitoring
“Needle and syringe programmes are highly effective in reducing HIV and hepatitis C transmission through injecting drug use. Opioid substitution therapy with methadone or buprenorphine is the most effective form of treatment for opioid dependence and has the additional benefit of effectively reducing HIV transmission through injecting drug use. Opioid substitution therapy is also effective in improving ART uptake and adherence for people dependent on opioids.” (p. 66)
2016 Prevention Gap Report
“Needle-syringe programmes reduce the spread of HIV, hepatitis C and other bloodborne viruses. Opioid substitution therapy and other evidence-informed forms of drug dependence treatment curb drug use, reduce vulnerability to infectious diseases, and improve uptake of health and social services.” (p. 44)
“Decades of experience within dozens of countries supports the effectiveness of needle–syringe programmes. Across eight countries in eastern Europe and central Asia, a tripling of needle–syringe programme coverage between 2005 and 2010 reduced injecting risk behaviour related to HIV and hepatitis C and reduced new infections. Many individual programmes have achieved outstanding results. Ten years of needle–syringe programming in Australia reduced the number of cases of HIV by up to 70% and reduced the number of cases of hepatitis C by up to 43%. In New York a sharp decrease in new HIV infections among people who inject drugs between 1992 and 2012 has been attributed to the implementation and expansion of syringe exchange since 1992.” (p. 46)
“Substitution therapy has also been shown to decrease the risk of hepatitis C infection, to increase adherence to antiretroviral therapy for HIV, to lower out-of-pocket health expenditures, and to reduce opioid overdose risk by almost 90%. The scale-up of methadone maintenance therapy in diverse country contexts, including Portugal, Viet Nam and New Zealand, has also been associated with a decrease in crimes committed by people who use drugs.” (p. 48)