The Rehab Archipelago - Human Rights Watch

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Some centers implement what are termed “collective therapy” classes. 253 Cua Lo spent 18 months in Center No. 5 in Dak Nong province. He explains that the content of the classes in his center involved the portrayal of drugs as a “social evil.” They talked to us a lot about the evils of drug use, how it got more serious with time, and how people with addictions spent more and more money and then robbed people. We sometimes shouted slogans, maybe once every few months. Usually we just worked. 254 Huong Son, who was released in late 2009, told Human Rights Watch that marching while chanting slogans was the only attempt at drug dependency treatment at Phuoc Binh. No treatment for the disease of addiction was available there. Once a month or so we marched around for a couple of hours chanting slogans. 255 Thai Hoa related that morning exercises at his center involved shouting the slogan “Try your best to quit drugs!” three times. 256 Similarly, Kinh Mon explained he had to shout “Healthy! Healthy! Healthy!” while performing morning exercises. 257 Legal Principles The right to health includes the principle of treatment following informed consent. Article 12 of the International Covenant on Economic, Social and Cultural Rights addresses the right to health which the Committee on Economic, Social and Cultural Rights deems to include “the right to be free from ... non-consensual medical treatment and experimentation.” 258 253 According to law, “collective therapy” classes include: “Arranging for drug addicts to study about morality, life styles, citizen rights and responsibilities, learning about the Drugs Law as well as other legal documents, enforcing a healthy way of behavior and living free from drugs.” Ministry of Labor and Ministry of Health, Interministrial Circular No. 41/2004/TTLT/BLDTBXH-BYT dated December 31, 2010, art. 5 [translation by Human Rights Watch]. 254 Human Rights Watch interview with Cua Lo, Ho Chi Minh City, 2010. 255 Human Rights Watch interview with Huong Son, Ho Chi Minh City, 2010 . 256 Human Rights Watch interview with Thai Hoa, Ho Chi Minh City, 2010. 257 Human Rights Watch interview with Kinh Mon, Ho Chi Minh City, 2010. 258 International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted December 16, 1966, G.A. Res. 2200 A (XXI), 21 U.N. GAOR Supp. (No. 16) at 49, U.N. Doc. A/6316 (1996), 993 U.N.T.S. 3, entered into force January 3 1976, accede to by Vietnam on September 24, 1982. The Committee on Economic, Social and Cultural Rights is the U.N. body responsible for monitoring compliance with the ICESCR. U.N. Committee on Economic, Social and Cultural Rights, General Comment No. 14: The right to the highest attainable standard of health, UN Doc. E/C.12/2000/4, adopted August 11, 2000, para. 34. 71 HUMAN RIGHTS WATCH | SEPTEMBER 2011
The special rapporteur on the right to health has stated that: Informed consent is not mere acceptance of a medical intervention, but a voluntary and sufficiently informed decision, protecting the right of the patient to be involved in medical decision-making, and assigning associated duties and obligations to health-care providers. Its ethical and legal normative justifications stem from its promotion of patient autonomy, self-determination, bodily integrity and well-being. 259 As the World Health Organisation (WHO) and the United Nations Office on Drugs and Crime (UNODC) note, “only in exceptional crisis situations of high risk to self or others, compulsory treatment should be mandated for specific conditions and periods of time as specified by the law.” 260 Compulsory treatment in such exceptional circumstances can only be legally justified if the treatment provided is scientifically and medically appropriate. Absent such conditions, there is no justification for compulsory treatment. The CESCR has stated that a state’s health facilities, goods, and services amongst others things should be acceptable and of good quality. 261 Forcing people to undergo supposed “treatment” that is not evidence-based violates this requirement. 259 Special Rapporteur on the Right to Health, “Report to the General Assembly, August 10, 2009,” UN Doc. A/64/272, para. 9. 260 UNODC/WHO, “Principles of Drug Dependency Treatment,” March 2008, p.9. 261 CESCR General Comment No. 14, para. 12. THE REHAB ARCHIPELAGO 72
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Vietnam The Rehab Archipelago Force
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Copyright © 2011 Human Rights Watc
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To Vietnamese and Foreign Companies
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wage. The center reduced his meager
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These charges often represent a sig
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(such as arbitrary detention, tortu
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© 2011 Human Rights Watch Map of D
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spoke to an additional six people w
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eferred to as “trainers” (quan
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Government Policies towards Drug Us
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DRUG USE IN VIETNAM Recent research
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workshop[s] for manufacture and equ
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