Norway: Drug Policy, Punishment & Human Rights Document to the Court 22-01-2022

Remember last year when  Norway’s Alliance For Rights Orientated Drugs Policies challenged existing laws by holding a small protest outside the country’s central police station offering the sale of cannabis

If not, here’s a couple of our articles published at the time

Norway’s Alliance for Rights-Oriented Drug Policies (AROD) To Hold Cannabis Sale Outside Oslo Police HQ Sept 11 To Highlight Country’s Drug Policy Failures

Norway: AROD (Alliance For Rights Orientated Drugs Policies) Holds Action Outside Oslo’s Main Police Station

The action, as designed, was intended to make the police bring charges, which they have subsequently done and in turn AROD have responded with a detailed document asking the court to look at the issue of cannabis possession and sale under human rights law

Here is part of the introduction to the response document delivered to the court

That is why the Royal Commission concluded that decriminalisation is in line with human rights obligations. Whether this is good enough to secure rights, however, is uncertain. A handful of courts have recognised autonomy for cannabis use, and AROD asks whether it is necessary to continue a criminal market when half of Europe is in the process of regulating cannabis:

Is it the case that Norway needs the prohibition law to protect society, or are we better served by removing Sections 231 and 232 of the Penal Code? Are there good reasons for punishment in the domain of drug policy, or would it be better to acknowledge the hunt for scapegoats and the arbitrary persecution of earlier times?

This is for the court to answer. An effective remedy lies at the heart of human rights law, and the definition of arbitrary imprisonment is simple: we are dealing with arbitrary imprisonment when punishment is not within constitutional limits. To be within constitutional constraints, the law must be measured against principles such as equality, self-determination, proportionality, and the presumption of liberty; the law must promote a legitimate purpose, be the least intrusive of all available instruments, and reflect a well-adjusted balancing of the individual’s right to freedom as measured against society’s need for protection.

 

Here is the full document which also acts as a detailed look at Norwegian  cannabis policy over the last century.

AROD are now awaiting the police response and a court date

Drug Policy Punishment and Human Rights - document to the Court 22-1-22

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