Aan de orde komt de vraag of een franchisenemer gebonden is aan afspraken die de franchisenemersvereniging met de franchisegever maakt, op grond van de franchiseovereenkomst.

This contribution aims to discuss the main outcomes of the recent UNGASS (United Nations General Assembly Special Session) on Drugs that took place in New York from 19 to 21 April 2016. Based on my own participation in the preparatory discussions and political negotiations as civil society representative (through the work of NGO Transnational Institute), I argue that political divisions and entrenched institutional dynamics have transformed what could have been the beginning of the end of the war on drugs into a wasted opportunity for changing the status quo of the present world regime regarding the production, trafficking and use of illegal drugs. Despite high initial expectations after several governments expressed a clear concern about the effects of purely repressive policies, and the UN decision to organize the session 3 years earlier than planned, very soon it was clear that the session would not imply real changes in the current policies. The agenda setting was non-transparent and controlled by the most conservative factions and countries, largely excluding the views from NGO’s and academics in the final adopted resolution. The final document poorly reflects the rich discussions and developments that are taking place in many countries of the world, particularly the debates and policy developments in ‘the Americas’. A positive note is that the unchanged international UN conventions on drugs can hardly cope with developments taking place on cannabis policies in countries such as Canada, Uruguay, United States or Jamaica. Also other countries are more and more prepared to push for change on other essential questions, including the application of death penalty for drug offences, the access to controlled medicines, or the explicit application of ‘harm reduction’ approaches.

Various studies show that the views on the drug problem and appropriate policy responses have undergone profound changes from the 1960s onward. This article is analysing one of these changes, the decriminalisation of drug use, reflecting a fundamental change of view: understanding drug use as a health issue and not as crime. A useful heuristic to understand this type of change is Thomas Kuhn’s paradigm concept. He sees a paradigm as a set of beliefs that are shared by a scientific community and accepted by a wider community. A paradigm change is therefore a socio-psychological process rather than rooted in new scientific or research facts.
The author analyses the change from the dominance of a crime to the dominance of a health paradigm reflecting its social-historic context, starting with the widely shared concerns about substance use related health problems in the 20th century. These concerns translated into two different views on the essence of these problems, a crime and a health paradigm. The first served as fundament of the international drug control efforts, resulting in the still governing drug prohibition. Yet, the health paradigm was also of influence from the start and gradually gained weight. From the 1970s onwards the health paradigm became more important as part of a wider reform movement. It started in the Netherlands and the UK as bottom-up process criticising criminalising the users of illicit drugs as inappropriate, detrimental for their health and inhumane. The health paradigm was seen as more appropriate.
The author reflects on the benefits and disadvantages of the health paradigm. Its primary benefit is that it helps to understand the health problems related to drug use. A key disadvantage is its close relationship with the disease paradigm. The latter fits well with the generally negative view on drugs as dangerous or evil. It is encompassing the risk of ‘pathologising’ all forms of drug use and denying phenomena of unproblematic use for, among other things, recreational or spiritual purposes. Like the crime paradigm it can serve for control purposes. The drug user remains subject of control or disciplining policies and is not in charge of his/her own life. An additional problematic issue is that ‘softening’ the approach towards the users seems to be mirrored by a harder, more punitive approach to the producers and sellers of the substances, which are seen as villains, making available the drugs which deserve harsh punishment for ‘devastating’ the lives of users.
The author concludes with a short discussion of the well-being paradigm as possible alternative for the health paradigm. It covers a broader spectrum than the health paradigm and helps to grasp the negative impact of (problem) drug use, reducing well-being, but is also useful in understanding the positive sides, enhancing well-being.