Is rule of written law superior, equal or inferior to public health protection? (abstract)

Speaker: Jakub Frydrych (Head of the National Drug Headquarters of the Criminal Police and Investigation Service of the Police of the Czech Republic)

Since the beginning of its existence, human society ensures its own function through ethic, religious, social, and legal regulation systems; Progressive degradation of ethnic and religious regulations has shifted the written law to the position of a virtually exclusive regulation system in the European space. A normative approach to the written law then breaks its social regulatory function in contrast with the dynamism of the contemporary era; the written law protects the interests defined by the majority of society. Penal law is then the most powerful legal instrument of regulation within the society. It is prevention and protection of society against the gravest violations of law. This function is executed by penal law at the cost of massive entry into the private rights and liberties of individuals. The interest in public health requires its active protection within the society. As far as illegal drug abuse and illegal drug trafficking are concerned, the protection of society against the negative consequences of these phenomena stand over the individual rights of a person, as well as over their “individual right to dope himself”; The negative effects of problematic drug use are immense for the society. Social expenses brought by this form of illegal drugs activity include social disintegration, loss of economic productiveness, damages linked to secondary crime as well as costs for law enforcement are extremely high. Public health protection requires the elimination of problematic drug use; Development of human society has led to weakening of the natural socio-cultural roles of family, religion, and school. The originally limited role of written law came into absolutely new significance. Today it is de facto the only efficient form of regulation, a necessary precondition for the function and preservation of human society. Drug law enforcement does not confront protection of public health on any account; The form of regulation of behaviour of problematic drug users which can be dangers for society is beyond dispute a topic for discussion; Their level of addiction excludes their own will in regulation of their drug use. Without a doubt, the best solution is an effective treatment together with social intervention in such cases; Nevertheless, society needs a regulation mechanism for public health protection which is capable to force a problematic drug user to participate in this solution. Currently, the only regulation similar to this is the law. The problematic user must be actively involved in the resolution of the socially negative situation caused by their behaviour. Otherwise, they exclude themselves from human society. Human society has subsequently a manifest right to adequate reaction in the interest of protection of public health as well as of preservation of its own existence.

CV of Jakub Frydrych.