MJA Rapid Online Publication: Government's discrimination bill: inappropriate political positioning?

The Bill would allow discrimination (in areas such as employment and accommodation) against people addicted to illicit drugs who are not currently in treatment programs. However, people addicted to legal drugs, such as alcohol and tobacco, would be excluded from the effects of the new provisions. 

The authors of the article — Dr Alex Wodak (Alcohol and Drug Service, St Vincent's Hospital, Sydney) Mr Philip Lynch (Homeless Persons' Legal Clinic, Melbourne) and Dr Nick Crofts (Macfarlane Burnet Institute, Melbourne) — say that advancing such a Bill in an election year invites speculation that the major rationale is political positioning.

The Government argues that the Bill is needed to keep the work and social environment safe, respond to community concerns, provide certainty to individuals and organisations, and force drug users into treatment.

The authors admit that, on the face of it, the Bill might seem reasonable. After all, why should people who break the law by consuming illicit drugs be entitled to protection from discrimination?

But they argue that the Bill will infringe several national commitments to human rights. It is likely to damage the wellbeing of family and other associates and generate expensive litigation because of the difficulty of proving current addiction and current drug treatment (which are specifically excluded under this Bill).

The authors say the Bill is inconsistent with the United Nations Guiding principles of drug and demand reduction, which require that programs aimed at reducing the consumer demand for illicit drugs respect human rights and promote social integration.

"Drug use is already highly stigmatised. Further entrenching prejudices by making discrimination against drug users lawful is unlikely to increase demand for treatment and far more likely to deter drug users from entering treatment. In any case, demand for treatment already outstrips supply", Dr Wodak said.

"The Bill represents a further attempt to reduce drug use by increasing the health, social and other costs of using illegal drugs, rather than assisting drug users to deal with their problem through health and social interventions that are less expensive, more effective and less counterproductive.

"The DDAB ignores two fundamental principles that should be of great concern to the medical profession. First, ... discriminating against marginalised groups in our community carries a high public health risk. Second, treating drug use as a criminal justice problem rather than a health and social issue ... is an expensive, relatively ineffective approach that is often accompanied by serious unintended negative consequences," Dr Wodak said.

The article will be available from 15 March 2004 on the MJA website (www.mja.com.au).

CONTACT      Dr Alex WODAK                     0416 143 823 / 02 9361 8012

                   Judith TOKLEY, AMA             0408 824 306 / 02 6270 5471