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    Drugs and Human Rights: A constitutional approach

    Ingram, Kenneth John

    [Thesis]. Manchester, UK: The University of Manchester; 2019.

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    Abstract

    This thesis examines whether it is an abuse of human rights to prohibit and criminalise a medically useful controlled drug. Specifically therefore, it examines whether the regime of the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 is compatible with Article 8 of the European Convention on Human rights and the Human Rights Act 1998. As Article 8 is a qualified human right, it can be justified if infringement of it is a proportional interference in pursuit of a legitimate aim. This thesis argues, using medical cannabis as a case study, that such a justification cannot be mounted and the medical prohibition of a medically useful drug is, therefore, an abuse of human rights.

    Bibliographic metadata

    Type of resource:
    Content type:
    Administered thesis
    Form of thesis:
    Traditional
    Type of submission:
    Doctoral level ETD - final
    Thesis title:
    Drugs and Human Rights: A constitutional approach
    Degree type:
    Doctor of Philosophy
    Degree programme:
    PhD Law
    Publication date:
    2019-02-03T15:31:52
    Institution:
    The University of Manchester
    Location:
    Manchester, UK
    Total pages:
    235
    Abstract:
    This thesis examines whether it is an abuse of human rights to prohibit and criminalise a medically useful controlled drug. Specifically therefore, it examines whether the regime of the Misuse of Drugs Act 1971 and the Misuse of Drugs Regulations 2001 is compatible with Article 8 of the European Convention on Human rights and the Human Rights Act 1998. As Article 8 is a qualified human right, it can be justified if infringement of it is a proportional interference in pursuit of a legitimate aim. This thesis argues, using medical cannabis as a case study, that such a justification cannot be mounted and the medical prohibition of a medically useful drug is, therefore, an abuse of human rights.
    Keyword(s):
    Thesis main supervisor(s):
    Thesis co-supervisor(s):
    Degree grantor:
    Language:
    en

    Institutional metadata

    University researcher(s):
    Academic department(s):

    Record metadata

    Manchester eScholar ID:
    uk-ac-man-scw:318249
    Created by:
    Ingram, Kenneth
    Created:
    3rd February, 2019, 15:31:52
    Last modified by:
    Ingram, Kenneth
    Last modified:
    8th February, 2019, 13:28:07

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