Rehab, hindi rehas: A comprehensive study maintaining that drug dependence is a mental health issue safeguarding the right to health of persons with substance abuse disorder
Date of Publication
5-9-2018
Document Type
Master's Thesis
Degree Name
Juris Doctor
Subject Categories
Health Law and Policy
College
College of Law
Department/Unit
Law
Thesis Adviser
Victoria B. Loanzon
Defense Panel Chair
Antonio P. Jamon
Defense Panel Member
Anunciacion G. Ayo
Richard P. Torreja
Abstract/Summary
The Comprehensive Dangerous Drugs Act of 2002, also known as Republic Act No. 9165, has been the statutory framework of legal enforcement against illegal drugs for more than 15 years. Under Sections 11 and 15 of the same law, the possession and use of illegal drugs are among the acts punishable therein. A person apprehended for the possession of illegal drugs shall be sentenced to a minimum of twelve years and one day to 20 years and/or a fine regardless of the quantity of the drugs. On the other hand, a person apprehended for using illegal drugs for the first time, after a confirmatory test, is placed under the custody of a government rehabilitation center for a period of six months, however, if apprehended using any dangerous drug for the second time, he or she shall be incarcerated for a minimum of six years and one day to twelve years and/or a fine. Moreover, if a person who is tested positive for drug use and is found to have in his or her possession any illegal drug shall be charged for possession of illegal drugs and not use, which carries with it a heavier penalty. Although drug addiction is a disease in the society which must be curbed, the imposable penalties provided for the use and possession of illegal drugs are unjustifiable and disproportionate to the acts committed. Drug addiction is a clinical issue which must be addressed properly and reformation is the key. The country’s municipal, city, and provincial jails are not equipped with the proper treatment programs, facilities, medical experts, and practitioners to provide the appropriate treatment for these drug dependents. Incarcerating a drug dependent and locking him away from the society where access to medical health care is inadequate, if not absent, is a harsh and cruel punishment for someone who is suffering from a mental health condition. In a controlled environment where freedom is restricted and access to medical facilities and health care are not immediately available, the government must be considerate enough to provide medical health care as it is keen in promoting its undaunting campaign against drugs. The denial of an immediate and adequate health care to a is a human rights violation. Ignorance of their need and failure in recognizing their rights is tantamount to curtailment of their fundamental rights as provided in the Constitution.
Abstract Format
html
Language
English
Format
Electronic
Accession Number
CDTG007465; TG07465
Shelf Location
Archives, The Learning Common's, 12F Henry Sy Sr. Hall
Keywords
Drug addiction—Philippines; Drug abuse—Law and legislation—Philippines; Mental health
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Recommended Citation
Alejandro, N. O., Gutierrez, V. G., & Sales, V. R. (2018). Rehab, hindi rehas: A comprehensive study maintaining that drug dependence is a mental health issue safeguarding the right to health of persons with substance abuse disorder. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/7259
Embargo Period
11-13-2024
