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Scientific article
Open access
English

Methadone versus torture: The perspective of the European Court of Human Rights

Published inHeroin Addiction and Related Clinical Problems, vol. 20, no. 1, p. 31-36
Publication date2018
Abstract

For the first time, the European Court of Human Rights in Strasbourg has addressed the issue of whether persons with a heroin dependence syndrome in custodial settings are entitled to receive opioid agonist treatment (OAT). The court relied on Article 3 of the European Convention on Human Rights, which prohibits torture as well as inhuman or degrading treatment. It concluded that member states of the Council of Europe that refuse access to OAT have the burden of proving that an alternative medical approach would, in the case of an individual patient, be as effective as OAT. Such proof needs to be based on an independent medical opinion. This paper discusses the scope and limitations of the European Court of Human Rights' judgment.

Keywords
  • Methadone
  • Opioid agonist treatment
  • Prisons
  • International laws
Citation (ISO format)
JUNOD, Valérie et al. Methadone versus torture: The perspective of the European Court of Human Rights. In: Heroin Addiction and Related Clinical Problems, 2018, vol. 20, n° 1, p. 31–36.
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Article (Published version)
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Identifiers
  • PID : unige:134031
ISSN of the journal1592-1638
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