Journal of Multidisciplinary Studies in Human Rights & Science (JMSHRS)
Volume 7, Issue 1, March 2025 | SDGs: 3 | 6 | 10 | 16 | 17 | #RethinkProcess
ORIGINAL SOURCE ON: https://knowmadinstitut.org/journal/
DOI: 10.5281/zenodo.15004921
Journal of Multidisciplinary Studies in Human Rights & Science (JMSHRS)
Volume 7, Issue 1, March 2025 | SDGs: 3 | 6 | 10 | 16 | 17 | #RethinkProcess
ORIGINAL SOURCE ON: https://knowmadinstitut.org/journal/
DOI: 10.5281/zenodo.15004921
Research Coordinator:
Bp. Martin Ignacio Díaz Velásquez - CEO, Knowmad Institut - European Institute for Multidisciplinary Studies on Human Rights and Sciences.
ORCID: https://orcid.org/0000-0001-5162-4786
Contact: mdiaz@knowmadinstitut.org
Researchers:
Prof. Dr. Andres M. Pérez-Acosta, Director of the Observatory of Self-medication Behavior, Psychology Department, School of Medicine and Health Sciences, Universidad del Rosario, Bogota, Colombia. Editorial Director of the Knowmad Institut.
ORCID: https://orcid.org/0000-0002-1133-8926
MA. Carlos Esteban Convers-Baena, Psychologist graduated from Universidad Del Rosario, Bogotá, Colombia. Master in Clinical Psychology from Pontificia Universidad Javeriana, Bogota, Colombia. Psychotherapist, Assistant researcher of the Observatory of Self-medication Behavior. Editorial assistant of Pserinfo.
ORCID: https://orcid.org/0009-0000-5468-4717
BA. David Bruna, Bachelor in Philosophy and Liberal Arts, and Diploma in Citizen Security, graduated from Universidad Alberto Hurtado, Santiago, Chile. Diploma in Political Communication, Universidad de Montevideo, Uruguay. Student of MSc in Politics, Economics & Philosophy, Universität Hamburg, Germany. Member of Expert Committee in Knowmad Institut.
ORCID: https://orcid.org/0009-0000-8496-1930
MA. Jorge Manuel Molina Aguilar, Psychologist and researcher at the Pain Unit, Palliative Care, and Psychooncology of the National League Against Cancer in El Salvador. Co-Director of the Self-Medication Behavior Observatory of the Universidad Del Rosario (Bogotá, Colombia) and Member of the Ethics Committee of the Knowmad Institut.
ORCID: https://orcid.org/0000-0001-7288-9740
José Scioli, Executive Director of the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0009-0002-3447-7635
Abril García Mur, Information Management Coordinator at the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0000-0003-4802-4979
Alina Sotes, Strategic Information Analyst at the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0009-0003-8186-9962
Reviewers
MBA. Bob Trojan, Master on Finance, Engineering of the Washington University in St. Louis. Senior Policy Advisor C4 Recovery Foundation.
HonMFPH. Jason Kew, Professional Drug Diversion Consultant. C4 Recovery Foundations and Knowmad Institut advisor.
Suggested Quote:
Díaz Velásquez, M. I., Pérez-Acosta, A. M., Convers-Baena, C. E., Bruna, D., Molina Aguilar, J. M., Patti, M., Scioli, J., García Mur, A., & Sotes, A. (2025). Development Report - Global Country Policy Review: A humanitarian comparative analysis on drug policies, on the basis of the Rome Consensus 2.0. Journal of Multidisciplinary Studies in Human Rights and Science, 7(1). https://doi.org/10.5281/zenodo.15004921
This work is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 (CC BY-NC-SA 4.0) license. Under the terms of this license, you may copy, distribute, and adapt the work for non-commercial purposes, provided the work is properly cited.
License: CC BYNC-SA 4.0. // 2025
Evolution and Relevance of the RC2 Index 5
Evolution of the Methodology: A Process in Phases 8
Phase 1: Foundations and Initial Construction (2023-2024) 8
Phase 2: Validation and Prototyping (2024) 8
Phase 3: Regional Pilot and Expansion (2025-2027) 9
Rationale for Phased Expansion. 9
Phase 4: Expansion to Member Countries of the Pompidou Group (2027-2028) 9
Phase 5: Outreach to CND Member Countries (2028-2029). 9
Phase 6: Global Expansion to UN Membership (2029-2030). 10
Towards a Global and Adaptive Assessment 10
Theoretical Foundations of the Drug Policy Benchmark 10
Categories into which sub-indicators are distributed: 14
1. Human Rights and Public Health 14
3. International Cooperation 14
4. Criminal Justice and Alternatives to Incarceration 14
5. Monitoring and Evaluation of New Psychoactive Substances (NPS) 14
6. Prevention and Community Involvement 14
7. Presence of Illegal Activities 14
8. Economic and Social Impact of Drug Policies 14
9. Ranking in Global Indexes 14
Connection to Global Development and Evaluation Frameworks. 15
Qualitative Evaluation Criteria: Proprietary Methodology 16
III. DESCRIPTION OF THE OVERALL PROJECT PROCESS 16
Data Collection and Consolidation 17
Validation and Weighting of Indicators 17
Field Deployment and Monitoring 17
Generation of Recommendations and Feedback 18
Continuous Monitoring and Dynamic Updating 18
Integration of Open Science and Transparency 19
Proposal for a Tech Sprint for EWS Development. 20
Concept and Utility of the Early Warning System (EWS) 20
EWS Technological Innovation 21
Proposed Pilot Phase: Mexico, Argentina, Italy and Germany 21
Development of AI-based Predictive Models 22
Citizen Mapping: Anonymized Data to Strengthen Monitoring 22
Continuous Monitoring and Feedback 23
V. EXPECTED RESULTS AND IMPACT MEASUREMENT 24
Best Practices for Global Expansion 26
VII. BIBLIOGRAPHIC REFERENCES 28
A. RC2 Index Peer Reviewed Profiles 30
Rome Consensus 2.0 Evaluation 30
ATI (Alternatives to Incarceration) 33
Description of legal framework 33
Rome Consensus 2.0 Evaluation 37
Sustainable Development Goals: Overview and Progress 38
ATI (Alternatives to Incarceration) 40
Description of the Legal Framework 41
Expansion of the Legal Framework 41
International Cooperation and Commitments 41
B. Drug Policy Benchmark Indicator Matrix 44
D. Humanitarian Observatory of the Argentine Red Cross Instrument 46
Sección 1: Datos Geográficos y Demográficos 46
Sección 2: Acceso a Servicios de Salud Pública 47
Sección 3: Percepción de Seguridad 48
Sección 4: Impacto Comunitario y Familiar 48
Sección 5: Confianza en las Instituciones 49
Sección 6: Opiniones Generales y Recomendaciones 50
This open research initiative and the development of policy assessment tools for drug policy targeted at decision-makers, researchers, law enforcement, healthcare personnel, and activists—are based on the humanitarian principles of the Rome Consensus 2.0 (RC2) (Rome Consensus 2.0, 2020). Its implementation is made possible thanks to the support of the C4 Recovery Foundation and the valuable collaboration of the involved organizations: Knowmad Institut, Universidad del Rosario, and the Humanitarian Observatory of the Argentine Red Cross.
This conceptual framework evolved from the first Rome Consensus for a Humanitarian Drug Policy, created in 2005 as a partnership between the Italian Red Cross (CRI), the International Council on Security and Development (ICOS), and the Villa Maraini Foundation (VMF). This initiative was established to address the specific dimensions of the drug problem, drawing on existing knowledge and best practices from the past 40 years. Its goal was to promote, within the National Societies of the International Red Cross and Red Crescent, a health-based approach to drug-related suffering and to strengthen humanitarian action in this field. This first Consensus was signed by 121 National Red Cross and Red Crescent Societies worldwide.
The RC2 was launched in 2020 by the Red Cross Red Crescent Partnership on Substance Abuse, in collaboration with organizations such as the C4 Recovery Foundation, the Knowmad Institut, and the Police Treatment and Community Collaborative (PTACC). Today, the movement encompasses more than 800 organizations across 73 countries and has garnered the support of over 7,000 experts, public officials, and activists worldwide.
Based on these principles, RC2 Index was created as an integral indicator of the Drug Policy Benchmark project. This index will allow the measurement and comparison of compliance with humanitarian principles and Sustainable Development Goals (SDGs) in drug policies, providing an analytical tool for the elaboration and design of evidence-based strategies.
In the first quarter of the 21st century, drug policies have shifted from models centered on the criminalization and stigmatization of people who use drugs (PWUD) (Espin García, Molina Aguilar, Pallero, & Díaz Velásquez, 2021) to approaches focused on public health, human rights, and sustainable development. This transition is driven by growing evidence on the adverse effects of repressive strategies, as reflected in international initiatives such as the Rome Consensus 2.0, which advocates for solutions based on human dignity and the protection of vulnerable communities.
This methodological evolution also incorporates the adoption of tools based on emerging technologies (including geospatial location data) and artificial intelligence large language models (LLMs), which facilitate the analysis of large volumes of data and the generation of evidence-based recommendations. In this way, the multidisciplinary and innovative character of this proposal is deepened.
Therefore, a multidimensional tool is proposed that:
Documenting progress through the project's Development Reports (Díaz Velásquez, Pérez-Acosta, Convers-Baena, Bruna, & Molina Aguilar, 2024), this proposal combines qualitative and quantitative methodologies to provide accurate diagnostics, facilitating the transition towards more inclusive and effective regulatory frameworks.
Main Objective: To evaluate and monitor drug policies in UN member countries through a global benchmark to identify gaps and areas for improvement, providing evidence-based recommendations.
Specific Objectives:
This project is based on the principles of transparency, replicability and open access, promoting the inclusion of diverse stakeholders and the effective exchange of data. The guidelines of the Coalition for Advancing Research Assessment (CoARA) and the Barcelona Declaration on Open Data for Research are adopted, which emphasize the co-responsibility of the different sectors (government, academia and civil society) to promote transparency, access to academic information, cooperation in research and projects with social impact (UNESCO, 2022; CoARA - Coalition for Advancing Research Assessment, 2022).
Inspired by the recommendations of Data4SDGs (Global Partnership for Sustainable Development Data, 2025), we guarantee the protection of confidential data and promote a responsible and sustainable use of it. This involves establishing controls for the collection, storage and dissemination of information, ensuring privacy protection and compliance with applicable regulations in each country.
The project assumes the ethical and AI use principles outlined by COPE ("AI" | COPE: Committee on Publication Ethics, 2025), prioritizing:
The vision of experts from different disciplines (health, justice, economics, sociology, among others) and civil society organizations is integrated so that policies, indicators and methodologies reflect the reality on the ground and have scientific backing.
All results are subject to internal and external validation processes, openly documenting indicators, data and results. Likewise, the participation of peer reviewers is encouraged and public scrutiny is encouraged to improve the quality of the information presented.
Main Index Sources:
This first phase focused on establishing a solid foundation by reviewing more than 24,000 sources of information, including academic literature, legal regulations, and statistical data. Key trends in harm reduction, decriminalization and access to treatment were identified, as well as determinants for assessing sentencing proportionality and alternatives to incarceration (ATI).
In this phase, pilot evaluations were applied in five selected countries to ensure the validity and applicability of the indicators. Testing included preliminary data analysis and feedback obtained through participation in international forums, such as the Commission on Narcotic Drugs (CND) in Vienna, and regional events in Brazil and Mexico (Rome Consensus, 2024a; Rome Consensus, 2024b; Rome Consensus, 2024c).
The pilot is currently being implemented in the following four key countries: Mexico, Argentina, Italy and Germany. These countries have been selected for their geographic diversity and different challenges in the field of drug policy. During this phase, local collaborations will be established with public health and justice institutions, and emerging technologies such as artificial intelligence (AI) language models for predictive analytics and software such as QGIS (Spatial without Compromise - QGIS Web Site, 2025) for the creation of geospatial maps will be implemented.
The phased approach allows for thorough testing in a controlled environment before rolling out global implementation. This process ensures the accuracy and relevance of the indicators, reducing the risks associated with rapid expansion.
Expansion to 41 member countries of the Pompidou Group of the Council of Europe is justified by the following factors:
The transition to CND member countries will build on existing policy frameworks and facilitate the adoption of more humane approaches in line with the international drug control treaties.
In the last phase, the system will be extended to all UN member countries, enabling global assessment of the state of drug policy in a wide variety of geographic and social contexts.
The process of phased expansion ensures that the RC2 Index is adaptable to diverse country contexts and minimizes implementation risks. This phased approach, documented in the Progress Reports, ensures that the project remains aligned with the principles of Rome Consensus 2.0 and Sustainable Development. With this approach, more humane, inclusive and evidence-based drug policies will be promoted.
NOTE: The speed of the process can be accelerated if adequate funding and support is obtained.
The Drug Policy Benchmark is based on a combination of theoretical and practical approaches that integrate quantitative and qualitative indicators. In this Benchmark, the RC2 Index plays a central role in measuring specific compliance with humanitarian principles in drug policy, but is accompanied by other indicators for a comprehensive assessment.
The guiding principles of the conceptual framework include:
The Drug Policy Benchmark is composed of 230 sub-indicators (as shown in the following pages) classified into nine main categories. Each subcategory within the Benchmark has indicators associated with specific weights, reflecting their relevance within the overall framework.
Description: Evaluates universal access to health services, harm reduction and protection of human rights for people affected by drug abuse.
Description: Covers the regulation of controlled substances, access to essential drugs and decriminalization of personal consumption.
Description: Measures the participation of countries in international treaties, multilateral collaborations and their integration in global networks.
Description: Analyzes proportionality in sentencing, the use of alternatives to incarceration and restorative approaches.
Description: Focuses on the follow-up of new psychoactive substances through early warning systems and epidemiological monitoring.
Description: Covers national prevention programs, community participation and preventive education. Sub-indicators: 25.
Description: Evaluates the cultivation and production of illegal substances, trafficking of chemical precursors and the fight against organized crime.
Description: Measures the public cost associated with drug policies and the direct economic impact on communities and employment.
Description: Monitors the country's position in global indices related to human rights, development and security.
The Drug Policy Benchmark uses a weighted and flexible scoring system to measure compliance with key indicators. This approach facilitates the identification of gaps and opportunities for improvement.
Note: Scores for 🟧 Partial compliance and 🟩 Full compliance may be combined with X when international collaboration is a relevant factor, allowing ratings such as 🟧 + X (partial collaboration) or 🟩 + X (comprehensive collaboration).
The Drug Policy Benchmark is aligned with international frameworks covering social development, justice and public health. The main frameworks are:
This alignment allows for cross-cutting comparisons and multidimensional analysis, expanding the scope of the benchmark to other specific goals as needed.
The project has evolved towards a customized methodology that complements numerical measurement with in-depth qualitative assessments. Based on accumulated work, this methodology includes:
The Drug Policy Benchmark is developed through a structured and dynamic workflow that ensures efficiency, transparency and traceability. This process integrates advanced technologies, open science and automated monitoring tools, ensuring international collaboration at every stage. Data collection and validation, together with continuous adaptation based on the results obtained, allow for optimized implementation.
The activities are documented in the Development Reports, as well as in the analysis of prompts and technological tools, allowing the system's performance to be evaluated and strategic adjustments to be made at each phase. This methodology ensures agile and evidence-based development, strengthening the responsiveness and effectiveness of the Drug Policy Benchmark.
To build a robust and relevant information base, with normative, academic and statistical evidence the first step is data collection.
The main actions:
Expected result: A robust initial database that allows for accurate assessment of key indicators.
Once the data has been collected, a validation and weighting process is carried out to ensure that the selected indicators accurately reflect national and regional realities.
Main actions:
Expected Result: An accurate and adaptable assessment matrix that combines manual and automated methodology.
The deployment of field assessments will allow for real-time data and customized recommendations for each country.
Main actions:
Expected Result: Real-time data feeding the continuous monitoring system and generating specific recommendations.
Upon completion of the evaluations, detailed reports and recommendations applicable to each national context are generated.
Main actions:
Expected Result: Practical and personalized recommendations to specific country that promote more humane and effective policies.
The system is kept up to date through a continuous monitoring and feedback process.
Main actions:
Expected result: An adaptive and flexible system to continuously optimize monitoring.
The project is guided by open science principles, ensuring traceability, replicability and public access to results.
Main actions:
Expected result: A collaborative environment where stakeholders can benefit from the exchange of best practices and joint learning.
st practices identified during the pilot phases. These best practices will allow adjusting the project implementation to different national realities.
IV. KEY REPLICABILITY A EVOLUTION TOWARDS THE IMPLEMENTATION OF THE EARLY WARNING SYSTEM (2026-2028)
The Early Warning System (EWS) represents a strategic step in the evolution of the Drug Policy Benchmark, enabling proactive detection of emerging risks in drug policies and related crimes. EWS have proven to be key tools in the detection of emerging psychoactive substances, as evidenced by the analysis of Google Trends to identify consumption trends and emergence of new substances, complementing traditional monitoring methods (Batistica et al., 2021). This innovative system aims to integrate real-time data, artificial intelligence-based predictive models, and citizen participation within a framework of open science and international collaboration.
Main actions:
Expected result: A robust monitoring and response system to emerging threats, combining technological innovation, open methodologies and cross-sectoral cooperation to improve global drug policy decision making.
To accelerate the implementation of the system, the organization of a collaborative Tech Sprint is proposed, bringing together experts in technology development, data science and public policy.
Tech Sprint Objectives:
Proposed activities:
Expected impact: Generate interest among potential funders and consolidate a collaborative network among researchers, developers and governmental entities.
EWS is an automated monitoring system designed to anticipate and detect drug policy-related threats before they become crises. Its utility lies in its ability to provide decision makers with real-time information on risk patterns, facilitating early and effective interventions.
Main benefits of EWS:
EWS is innovative because it integrates advanced technological components in a collaborative and transparent manner:
The pilot phase could be implemented in these four countries due to their regional diversity and the different challenges they face in the drug policy arena.
Objective: To test the effectiveness of EWS in early detection of risk patterns and critical changes.
Main actions:
Expected result: Validate the system for scaled application in larger regions.
AI will be a fundamental pillar of EWS, providing accurate predictions based on historical patterns and real-time data. The potential of predictive tools to improve the response to emerging threats has already been studied, highlighting its impact through the use of open information such as forums, social networks, the use of Google Trends as complementary tools for early warning systems, facilitating the detection of new psychoactive substances (NPS) (Batistic et al., 2021). There are also studies that propose the use of neural networks based on wavelet transforms (EWNet) to improve the prediction of long-term trends in health contexts. (Panja et al., 2023) The integration of these approaches in EWS will allow strengthening the accuracy and anticipation of risks.
Main actions:
Expected result: Early and accurate detection of emerging risks.
To complement official data collection, anonymous citizen participation will be encouraged through collaborative mapping of information related to drug activities.
OpenLitterMap Adaptation:
precision settings allows location data to be anonymized without sacrificing analytic utility.
Technical implementation and functionalities:
Rewards and incentives:
OpenLitterMap has shown that symbolic incentives can increase participation in environmental data collection (Lynch, 2018). Applying this model to EWS, the possibility of integrating gamification mechanisms and non-monetary rewards will be explored to encourage continued collaboration without risks of identity exposure. However, to ensure an ethical approach, any type of incentive that could generate gambling-like dynamics or promote compulsive behaviors will be avoided. The gamification structure will be designed under principles of social responsibility and transparency, prioritizing education, symbolic recognition and access to training resources.
Integration into the EWS:
Expected Result: A collaborative and secure system where citizens can contribute to the detection of emerging threats without risk to their privacy.
Continuous improvement of the EWS will be ensured through periodic reviews and feedback from local stakeholders.
Main actions:
Expected result: An adaptive system capable of adjusting to new patterns and emerging challenges. The integration of the EWS into global monitoring systems will allow strengthening its impact on decision making and fact-based humanitarian drug policy making at the international level. Following the principles of the Rome Consensus 2.0 (RC2, 2020), the EWS will contribute to harm reduction and the protection of human health, safety, and dignity by providing real-time monitoring of key indicators, facilitating naloxone distribution and overdose prevention. In addition, by collecting data on consumption patterns and vulnerability, it will support strategies for pre-arrest detour and alternatives to incarceration.
The EWS is projected as a fundamental tool for transforming drug policy monitoring, enabling proactive responses and evidence-based decision making.
The implementation of the Drug Policy Benchmark and the Early Warning System (EWS) seeks to generate a significant impact on the formulation of evidence-based, inclusive and humanitarian drug policies. One of the main objectives of the project is to eliminate barriers to access to health services, improve public safety and strengthen health, justice and public security systems through the use of information and open data. This section describes the expected results, success indicators and how impact will be evaluated in different dimensions.
The success indicators are focused on measuring the progress and effectiveness of both the benchmark and the EWS in real time. These indicators will allow adjusting implementation strategies according to the results obtained.
Quantitative Indicators:
Qualitative Indicators:
The social impact assessment will focus on measuring the tangible benefits generated by the implementation of the benchmark and EWS, with special emphasis on public health, social justice and inclusion of vulnerable groups.
Key Evaluation Dimensions:
The global expansion process of the benchmark and the EWS will be based on the replicability of the best practices:
Conclusion of Point 5: The expected results and impact measurement will allow the benchmark and EWS to remain ‘living’ and adaptable tools, capable of generating sustainable transformations in drug policies. Continuous feedback and global expansion based on best practices will ensure long-term sustainability.
After two years of research, the team considers that the findings demonstrate a progressive transformation in drug policies. Although the focus on human rights, public health, and criminal justice is present in the narrative and in legal or technical texts, its implementation still faces significant challenges.
The comparative analysis of national profiles shows a convergence in discourse towards policies that prioritize human dignity and harm reduction. However, discrepancies persist between regulatory frameworks and their actual implementation. For example, some countries acknowledge the need to reduce the disproportionality of penalties in drug-related offenses, yet, in practice, they continue to impose excessive sanctions. What we propose with the Drug Policy Benchmark and the EWS are key tools within a unified framework to transform drug policy monitoring and analysis towards humanitarian and evidence-based approaches.
The shift towards a human rights paradigm marks progress in the conceptualization of strategies and approaches to the various aspects of the drug issue. Moving away from a purely punitive logic, this new approach focuses on protection and the reduction of social, economic, and environmental harm. This change is driven not only by international commitments and the efforts of civil society but also by the recognition of the positive impact of evidence-based policies on people's lives. The transition from a repressive model to a more equitable and restorative one reflects an evolution in criminal justice, promoting alternatives to incarceration and prioritizing rehabilitation over criminalization.
International cooperation has become a strategic pillar in drug policy formulation, facilitating coordination in multilateral forums and the adoption of harmonized approaches to address this transnational challenge. The effectiveness of these strategies depends, to a large extent, on the ability of states to integrate regional approaches and share best practices. We believe this capacity would be significantly strengthened through collaboration between states, civil society, academia, and the private sector.
The use of data and continuous monitoring as tools for decision-making reinforces the role of science and empirical evaluation in public policy formulation. Implementing real-time evaluation methodologies not only allows for corrections and strategic adjustments, but also generates applicable knowledge for different contexts. This evidence-driven approach represents a departure from traditional models based on ideological criteria, promoting instead a more pragmatic, constructive, and humanistic model.
Additionally, the participation of civil society has been consolidated as a determining factor in building comprehensive responses, where community experiences and knowledge become essential inputs for the formulation of more inclusive and context-sensitive policies. The recognition of citizen mapping and the involvement of local communities in identifying risks and opportunities reinforce a more democratic governance model that is responsive to territorial realities.
Finally, adaptability to national contexts underscores the importance of recognizing the specificities of each sociocultural and regulatory reality. Although the studied profiles present general guidelines, the ability to adjust them to each country's particularities ensures more effective and legitimate implementation. Flexibility in the application of recommendations is crucial for these policies to be not only technically viable but also socially sustainable over time.
The development of the Drug Policy Benchmark and the EWS did not emerge in isolation but rather as the result of a process of exploration and analysis that began with an initial phase of bibliometric analysis and mapping of the first 13 countries from different regions. This first stage helped to identify patterns, gaps in information, and areas where drug policy decision-making remains fragmented, lacking evidence-based tools and open data.
Based on these findings, it was concluded that it was necessary to broaden the focus and adjust the project's objectives to develop a tool that integrates multiple dimensions:
As we move into the next phases of developing the Drug Policy Benchmark and EWS, the following strategic questions arise:
These strategic questions will guide the project's evolution and strengthen the Drug Policy Benchmark and EWS as essential tools within a unified platform for the formulation of more inclusive, evidence-based, and humanitarian-aligned drug policies.
Official Name: Argentine Republic
UN Region: South America
Argentina, a member state of the United Nations located in South America, grapples with multifaceted challenges related to drug issues, impacting both public health and national security. As the eighth-largest country in the world, Argentina has enacted various legislative and policy measures to address substance trafficking and abuse, with a particular focus on controlling the flow of narcotics and preventing drug-related crimes. Key legal instruments include the Law on Narcotic Drugs and Psychotropic Substances (Law No. 23.737), which establishes the regulatory framework for combating drug trafficking and misuse.
Despite these legislative efforts, Argentina's strategic position as a transit country for drugs destined for international markets, particularly Europe and North America, poses significant challenges. This geographical factor, combined with internal issues such as domestic drug consumption and production, results in complex social, health, and security implications. While the country's drug policies have traditionally been enforcement-centric, there is an evolving recognition of the importance of public health approaches, harm reduction strategies, and treatment options for
substance abuse. This shift indicates a growing need to balance punitive measures with more comprehensive, health-focused drug policy initiatives.
The Argentine approach to drug policy, in the context of the Rome Consensus 2.0, highlights a dynamic interplay between traditional methods and emerging progressive reforms. Argentina's drug laws have historically been aligned with a punitive model, emphasizing strict control and law enforcement in dealing with drug-related issues. This approach reflects in various statutes and regulations that impose severe penalties for drug trafficking and related activities.
However, recent trends in Argentina indicate a shift towards a more health-centric perspective, resonating with the Rome Consensus 2.0 principles. The country has shown increasing openness to adopting policies prioritizing public health and human rights overcriminalization. This includes considering harm reduction strategies and acknowledging the need for a more empathetic approach towards individuals suffering from drug addiction.
Argentina's engagement with the Rome Consensus 2.0 has been evident through its participation in international forums and dialogues advocating a humanitarian approach to drug policy. The government's willingness to explore and implement policies that align with harm reduction, treatment, and rehabilitation principles signals a positive shift towards the Rome Consensus 2.0 framework.
Despite this progress, Argentina's drug policies still exhibit a considerable reliance on punitive measures, particularly in the legal and judicial systems. The challenge lies in fully integrating the Rome Consensus 2.0's objectives into national policy, moving beyond a predominantly punitive approach to one that is more balanced, health-focused, and rights-based.
While Argentina's drug policies show signs of evolving towards the ideals of the Rome Consensus 2.0, there remains a significant journey ahead. The progression towards more humane and health-oriented drug laws is ongoing, reflecting the complexities of policy reform in a landscape historically dominated by strict legal measures.
Argentina, positioned 51st out of 166 countries in the Sustainable Development Goals (SDG) Index with a score of 73.7, presents distinctive challenges and opportunities in achieving the SDGs, as reflected in the Sustainable Development Report 2023. Key aspects of Argentina's performance in relation to specific SDGs, particularly those impacted by its drug policies, are outlined below:
SDG 3 (Good Health and Well-being): Argentina's approach to drug policies is crucial in influencing this goal. Shifting towards a more health-centric approach, emphasizing treatment and prevention of drug abuse, could significantly enhance public health and well-being.
SDG 10 (Reduced Inequalities): Current drug policies in Argentina may contribute to social inequalities. Reforming these policies to focus more on harm reduction and equitable treatment of drug-related issues could aid in reducing disparities and promoting social justice.
SDG 16 (Peace, Justice, and Strong Institutions): The effectiveness of legal and institutional responses to drug-related offenses in Argentina is pivotal for this goal. Adopting more just and balanced legal frameworks could strengthen institutions and uphold justice and peace.
SDG 17 (Partnerships for the Goals): Argentina could further its progress by enhancing international collaborations in drug policy management. This includes sharing best practices, knowledge exchange, and resource mobilization with global partners, thereby contributing more effectively to the international efforts against drug issues.
The assessment underscores Argentina's need for strategic adjustments in drug policy to align more effectively with global sustainable development standards, particularly in addressing challenges in health, inequality, justice, and international cooperation.
In Argentina, the legal framework for Alternatives to Incarceration (ATI) in drug-related offenses is established under Law 23.737 of 1989 and the Argentine Criminal Code of 1984. A landmark development occurred with the Arriola decision in 2009, where the Supreme Court ruled that criminalizing the possession of drugs for personal use, which does not pose a danger or harm to others, is unconstitutional. Law 24.660 of 2008 stipulates specific ATIs for pregnant women and mothers with young children. Additionally, the Drug Demand Reduction Plan 2016-2020 underscores the incorporation of drug treatment courts as part of the national strategy. However, the expansion of ATIs for individuals with Substance Use Disorders (SUDs) faces challenges, including public resistance and limited research. Training programs for judges and health personnel have been implemented. Operational ATI types in Argentina include drug courts, non-custodial community programs, electronic monitoring as an alternative to incarceration, and pre-trial diversion.
Regarding Deflection strategies in Argentina, several approaches are implemented before arrest and in the early stages of the judicial process. These include administrative referrals to treatment before arrest, pre-trial diversion, sentence suspension, sentence postponement, deferred sentencing, probation/supervision, and early release/parole. Nonetheless, significant challenges arise, primarily due to the misalignment between the penal code, Supreme Court declarations, and the processing of cases by lower court judges. This misalignment allows judges the discretion to determine what constitutes "personal use," impacting access to drug treatment programs and ATIs for individuals with SUDs.
Argentina's legal framework addressing drug offenses and related activities is comprehensive and intricate, encapsulating a series of laws and regulations designed to tackle drug-related challenges. This framework reflects Argentina's approach in confronting issues associated with drug production, trafficking, and consumption, mirroring its societal impacts.
Punitiveness and Scope: The Argentine legal system adopts a punitive stance towards drug-related offenses. This is exemplified by the "Ley 23.737 Regimen penal de Estupefacientes," which stipulates prison sentences and fines for a range of drug-related activities, from unauthorized cultivation to possession and trafficking. Penalties vary based on the severity of the offense, indicating a focus on deterrence through legal consequences.
Organized Crime and Financing: The framework specifically targets organized crime, with stringent penalties for those who organize or finance drug trafficking activities. This highlights Argentina's recognition of the complex and networked nature of the drug trade, necessitating robust legal responses.
Comprehensive Scope: Beyond punitive measures, the legal framework encompasses a broad spectrum of aspects related to drug control, including public order and potentially preventive and rehabilitative approaches.
Adaptability and Evolution: The Argentine legal framework on drug-related issues has evolved over time, adapting to the changing dynamics of drug trade and societal impact. This is evident in the various modifications and additions made to the original laws, indicating an ongoing effort to address the complexities of drug-related challenges effectively.
Specific Laws and Provisions:
The cornerstone "Ley 23.737" sets forth stringent measures against unauthorized drug activities, emphasizing the state's commitment to tackling the narcotics issue. This law prescribes penalties for individuals involved in various aspects of the drug trade, from cultivation to distribution.
Additional provisions within this law and other regulations enhance the legal arsenal against drug trafficking, indicating an evolution in policy and acknowledging the complexity of drug-related crime as part of organized networks.
Alignment with International Standards: While the Argentine legal framework demonstrates a robust commitment to combating drug-related issues, its alignment with international human rights standards and public health approaches, such as those advocated by the Rome Consensus 2.0, warrants further detailed analysis. The emphasis on punitive measures could potentially highlight areas for policy reform towards more balanced, health-focused strategies.
Variable | Value | Justification |
Focus on Harm Reduction | 2.0 | Argentina shows increasing openness to adopting harm reduction strategies, though there is still considerable reliance on punitive measures. |
Decriminalization | 2.5 | There are signs of a shift toward health-centric perspectives, suggesting a movement towards decriminalization, though it is not yet complete. |
Proportionality of Penalty | 1.5 | Argentina's drug policies continues to be predominantly punitive, though efforts are being made to adopt fairer and more balanced approaches. |
Alternatives to Incarceration | 2 | Alternatives to incarceration exist, but their implementation and effectiveness vary. |
Access to Adequate Treatments | 2.5 | Argentina is adopting a more health-centric approach, improving access to appropriate drug addiction treatments. |
Prevention of Substance Abuse | 2.5 | Efforts are ongoing to enhance prevention programs, though there is room for improvement. |
Community Involvement | 2 | Community involvement in drug policy formulation is increasing but is not yet a central component of current legislation. |
Alignment with Rome Consensus 2.0 | 2 | Argentina shows a progression toward the ideals of the Rome Consensus 2.0, especially in international forum participation, but still needs to fully integrate these objectives into its national policy. |
Alignment with SDGs 3, 10, 16, 17 | 2.5 | While Argentina faces challenges in achieving these SDGs, its evolution toward more health and human rights-focused drug policies indicates progress towards alignment with these global goals. |
By implementing these recommendations, Argentina can make significant strides in aligning its drug policies with the Rome Consensus 2.0 and the Sustainable Development Goals, thereby promoting a more humane, health-focused, and rights-based approach to drug.
Official Name: Federative Republic of Brazil
UN Region: South America
The Federative Republic of Brazil, a UN member country in South America, has faced significant challenges related to drug use and policies over the past decade. Both legal and illegal drug consumption, including alcohol, tobacco, marijuana, cocaine, and other psychoactive substances, has risen markedly. This surge has been accompanied by violence tied to drug trafficking and organized crime, particularly in areas with gang disputes over trafficking routes.
To combat these issues, the Brazilian government has implemented various policies and programs, such as drug use prevention, addiction treatment, and police operations against trafficking and crime. However, extreme polarization in the political debate on drugs impedes progress. A faction supports the “war on drugs” approach, strengthened during the Bolsonaro administration, while radical groups pushing for full legalization and decriminalization often alienate moderates, hindering constructive dialogue.
Legalization is not on the legislative agenda, with only decriminalization being considered but making little headway. Addressing less controversial matters like decriminalization for personal use, medicinal use of substances, and harm reduction strategies is essential yet controversial.
The focus on prevention programs has largely been theoretical. However, the updated Military Police school prevention program, PROERD (the Brazilian version of DARE), shows promise by shifting from a "war on drugs" model to social and community inclusion.
Some cities and states are exploring marijuana regulation for recreational and medicinal use despite the lack of a national legalization policy. Brazil's drug issues demand a multifaceted approach. Effective solutions require bridging political divides and focusing on evidence-based strategies, including potential decriminalization and harm reduction. Only then can Brazil effectively tackle its complex drug challenges.
Brazil's approach to drug policy faces significant challenges in aligning with the principles of the Rome Consensus 2.0. While the country has implemented harm reduction measures and alternatives to incarceration, these efforts are often inconsistent and underfunded. The “war on drugs” mentality dominates, delaying progress on decriminalization and disproportionately impacting marginalized communities. Despite legal provisions for distinguishing between users and traffickers, biased law enforcement practices hinder equitable application. Community involvement in policy development has been disrupted, and prevention programs lack sufficient funding and implementation.
To align more closely with the Rome Consensus 2.0, Brazil needs to invest in evidence-based treatment and rehabilitation programs, address the social determinants of drug use, and promote community engagement in policy-making. Emphasizing scientific evidence over punitive measures, enhancing international cooperation, and establishing robust legal frameworks for monitoring treatment services are essential steps. By focusing on these areas, Brazil can create a more humane and effective drug policy prioritizing health, well-being, and social inclusion.
Brazil, ranking 50th out of 166 on the SDG Index with a score of 73.7, illustrates a mixed landscape of progress and challenges in pursuing Sustainable Development Goals (SDG) (Sustainable Development Report, 2023). The nation's commitment to the SDGs is reflected in policy efforts and alignment with international frameworks, yet the data points to areas needing concerted action.
In Brazil, legislation permits Alternative to Incarceration (ATI) for individuals with Substance Use Disorders (SUDs), and these regulations are enforced. The Drug Law 11.343/2006 brought significant alterations to the nation's drug policies by decriminalizing drug use and eliminating imprisonment for users, even in cases of repeated offenses. Article 28 of this law offers alternative measures for punishment. This legislation expanded the legal distinction between drug consumers and traffickers, with the latter group subject to imprisonment. Nevertheless, it lacks precise definitions for categorizing individuals into these groups.
Some ATI strategies implemented in the legal system are: a) electronic surveillance, b) custody hearings, community service, and c) therapeutic facility services. Worth to notice legislation have specific guidelines and promotion of electronic surveillance in the attempt to avoid depriving individuals of their liberty by promoting the use of noncustodial measures.
It is important to note that the application of these measures (ATI) depends on the interpretation of the law regarding who is a user and who is a trafficker. Given that the police force mostly makes the decision, the interpretation tends to be biased and prejudiced, focusing on sociodemographic factors (poor, black, and marginalized people) and disregarding other elements that could modify the outcome of the evaluation. This biased view results in those who ultimately access these measures (ATI) being those who do not belong to these populations.
Law 10.216/2001 establishes three types of internment for psychiatric patients:
Voluntary: With medical approval, the patient enters a treatment center.
Involuntary: A doctor orders the internment of a patient without consent.
Compulsory: A judge orders the internment of the patient, who does not have the option to refuse.
In some cases, compulsory internment has been used as an alternative to imprisonment for drug users who commit minor offenses and are not considered traffickers. This measure seeks to offer treatment and rehabilitation instead of a prison sentence.
There are some flaws in this system, which consist mainly of the following: The decision of compulsory internment rests with the judge, which generates uncertainty and potential for arbitrary decisions. The treatment centers to which these individuals are referred lack adequate resources. These centers do not always have the appropriate infrastructure and methodology for effective treatment. Lastly, there is a lack of regulation and supervision in the legal and health regulations that govern compulsory internment and the regular supervision of treatment centers.
While compulsory internment may be an alternative to imprisonment for drug users who commit minor offenses, its application faces several challenges, such as arbitrariness in decision-making, the lack of adequate resources in treatment centers, and the deficiency in regulation and supervision. It is necessary to address these aspects to ensure effective and respectful treatment of the rights of drug users.
Brazil's legal framework for addressing drug-related offenses, as well as associated crimes including counterfeiting, cybercrime, obstruction of justice, human trafficking, and terrorism, is founded on a collection of national laws and regulations, in addition to international commitments. This framework is distinguished by its holistic and multidimensional approach, aimed at prevention, punishment, and rehabilitation, thus reflecting the country's commitment to public safety and well-being.
Beyond specific drug legislation, Brazil has enacted laws to address related and emerging crimes:
Brazil's legal framework for the prosecution and prevention of drug-related and related crimes is in line with international commitments, in particular, those established by the United Nations Convention against Transnational Organized Crime (UNTOC) and its relevant protocols, including the Protocol to Prevent, Suppress and Punish Trafficking in Persons and Human Tissue.
Brazil's legal framework reflects a comprehensive and proactive approach toward the prevention and sanctioning of drug offenses and other related forms of criminality. By combining punitive measures with rehabilitation initiatives and international cooperation, Brazil aims not only to combat drug trafficking and drug abuse, but also to address the broader roots and consequences of this global phenomenon. Continuous review and adaptation of this legal framework will be crucial to meet emerging challenges and ensure the effect.
Variable | Value | Justification |
Focus on Harm Reduction | 1.5 | Brazil has made significant strides in implementing harm reduction measures such as needle exchange programs and access to treatment; despite this fact, several programs have never been implemented correctly, discontinued, underfunded, or transformed into more conservative programs. |
Decriminalization | 1 | The cultural and governmental war on drugs mentality is evident in the protracted delay in voting on the Medical Marijuana Legalization Bill (PL 399/2015), which has been pending in the Supreme Federal Court for nearly a decade due to intense political pressure. |
Proportionality of Penalty | 1.5 | Law 11.343/2006 introduced alternative measures for punishment and aimed to differentiate between drug consumers and traffickers. Despite this effort, the differentiation was not implemented as intended. |
Alternatives to Incarceration | 1.5 | The main problem is that despite the existence of a legal differentiation between user and trafficker, this difference is not applied as intended by the police force, causing corruption and a bias over who is available for ATI or not. |
Access to Adequate Treatments | 2 | Brazil has made efforts to improve access to treatment for substance use disorders through various programs and initiatives. |
Prevention of Substance Abuse | 2 | Some legislations and programs aim to prevent substance abuse, but these programs are few and not implemented appropriately. Funds are insufficient for the implementation of the programs and for further research and development of prevention-focused interventions |
Community Involvement | 2.5 | There is some level of community engagement in the development and implementation of drug policies in Brazil. A system of municipal, state, and federal councils has made significant progress. The last government (Bolsonaro) eliminated this system, so reconstruction and reorganization are in process. |
Alignment with Rome Consensus 2.0 | 2 | While Brazil has made significant progress in some areas, there are still areas for improvement to fully align with the principles and recommendations outlined in the Rome Consensus 2.0. |
Alignment with SDGs 3, 10, 16, 17 | 2 | Brazil has made notable improvements to align with SDGs; despite these improvements, There is a significant gap between theory and practice when implementing new policies. |
This annex presents the Drug Policy Benchmark Matrix v3.0, an instrument designed to measure compliance with different indicators in the areas of human rights, public health, and justice.
The complete file of the matrix is available in open access through Zenodo, where the structured data is available.
Disclaimer: The country data in the matrix is used as an illustrative example only and should not be interpreted as an official or definitive assessment of their drug policies. The matrix is designed as a flexible and adaptable tool, allowing for the incorporation of updated and comparable data based on new evidence and methodologies of analysis.
Brief assessment of the prompts generation and validation process used in the Drug Policy Benchmark. Optimization of these processes is critical to ensure accuracy in data collection and alignment with open science principles.
The instrument is available only in its original language:
Encuesta para la Profundización del Perfil Comunitario en Argentina
Propósito: Recopilar datos mapeables para analizar el acceso a servicios, percepción de seguridad, impacto comunitario y confianza en instituciones, respetando los principios éticos, humanitarios y adaptándose a la realidad argentina.
Esta encuesta tiene como objetivo recopilar información para mejorar las políticas públicas relacionadas con el consumo de sustancias, salud y seguridad. Sus respuestas son anónimas y confidenciales, y los datos serán utilizados únicamente para fines de investigación y análisis. Puede retirarse en cualquier momento o dejar de responder preguntas específicas si lo desea.
¿Acepta participar en esta encuesta? ☐ Sí ☐ No
AUTHORS
* Bp. Martin Ignacio Díaz Velásquez
Theologian, bishop, and social researcher with a distinguished international career in human rights, drug policy, and emerging technologies, spanning America and Europe.
A thought leader at the intersection of academia, civil society, and intergovernmental organizations, actively collaborating with universities, digital media, NGOs, multilateral agencies, churches, and supra-ecclesiastical and interreligious organizations. A prolific author of books, articles, reports, and research, as well as a coordinator of high-impact global initiatives.
He has represented and advised multiple organizations at the international level, with extensive expertise in the United Nations system, particularly within UNODC, WIPO, and WHO. Currently based in Germany, he serves as the CEO of the Knowmad Institut – European Institute for Multidisciplinary Studies on Human Rights and Science. He is also an ambassador for One Young World and a member of the Secretariat of the Rome Consensus 2.0, driving a humanitarian drug policy with global impact.
ORCID: https://orcid.org/0000-0001-5162-4786
Requests to authors – Martin Ignacio Díaz Velasquez, mdiaz@knowmadinstitut.org.
Prof. Dr. Andres M. Pérez-Acosta, Director of the Observatory of Self-medication Behavior, Psychology Department, School of Medicine and Health Sciences, Universidad del Rosario, Bogota, Colombia. Editorial Director of the Knowmad Institut.
ORCID: https://orcid.org/0000-0002-1133-8926
MA. Carlos Esteban Convers-Baena, Psychologist graduated from Universidad Del Rosario, Bogotá, Colombia. Master in Clinical Psychology from Pontificia Universidad Javeriana, Bogota, Colombia. Psychotherapist, Assistant researcher of the Observatory of Self-medication Behavior. Editorial assistant of Pserinfo.
ORCID: https://orcid.org/0009-0000-5468-4717
BA. David Bruna, Bachelor in Philosophy and Liberal Arts, and Diploma in Citizen Security, graduated from Universidad Alberto Hurtado, Santiago, Chile. Diploma in Political Communication, Universidad de Montevideo, Uruguay. Student of MSc in Politics, Economics & Philosophy, Universität Hamburg, Germany. Member of Expert Committee in Knowmad Institut.
ORCID: https://orcid.org/0009-0000-8496-1930
MA. Jorge Manuel Molina Aguilar, Psychologist and researcher at the Pain Unit, Palliative Care, and Psychooncology of the National League Against Cancer in El Salvador. Co-Director of the Self-Medication Behavior Observatory of the Universidad Del Rosario (Bogotá, Colombia) and Member of the Ethics Committee of the Knowmad Institut.
ORCID: https://orcid.org/0000-0001-7288-9740
MA. Mauro Patti, Master Degree in Political Sciences and Parliamentary Studies, Policy and International Relation Officer of Villa MarainiFoundation.
ORCID: https://orcid.org/0009-0008-0214-4418
José Scioli, Executive Director of the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0009-0002-3447-7635
Abril García Mur, Information Management Coordinator at the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0000-0003-4802-4979
Alina Sotes, Strategic Information Analyst at the Humanitarian Observatory - Reference Center of the International Federation of Red Cross and Red Crescent Societies, Argentine Red Cross.
ORCID: https://orcid.org/0009-0003-8186-9962
Reviewers
MBA. Bob Trojan, Master on Finance, Engineering of the Washington University in St. Louis. Senior Policy Advisor C4 Recovery Foundation.
HonMFPH. Jason Kew,, Professional Drug Diversion Consultant. C4 Recovery Foundations and Knowmad Institut advisor.
WAIVER
ACKNOWLEDGEMENT
Thanks to all those who have contributed to the production of this report.
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