Drug Policy, Racial Disparities, and Minority Rights: A Comparative Legal Analysis

Abstract

Objective: This study examines the intersection between drug law enforcement and the rights of minority groups, analyzes how drug policies in various jurisdictions disproportionately affect racial and ethnic minority communities, and evaluates relevant international and domestic legal frameworks for the purpose of reform.

Research Design & Methods: This study employs a comparative legal analysis method by examining legislation, court rulings, and law enforcement data from the United States, the United Kingdom, and Indonesia for the period 2015–2024. Primary sources include statutory texts, court rulings, and government reports, supplemented by doctrinal and socio-legal analysis.

Findings: Drug policies consistently produce racially disparate outcomes despite appearing formally neutral. Mandatory minimum sentencing, search powers, and prosecutorial discretion operate as vectors of systemic discrimination against minority groups. Jurisdictions that adopt harm reduction and decriminalization approaches demonstrate a significant reduction in racial disparities in law enforcement.

Contribution: This article contributes to the literature by providing a multi-jurisdictional comparative framework for evaluating the human rights implications of drug law enforcement, while offering concrete reform recommendations grounded in international minority rights norms.

Novelty: Unlike previous studies that focused on a single jurisdiction, this article integrates international human rights norms, particularly the ICCPR and ICERD, into a comparative analysis of drug laws across three countries, and proposes a model for drug policy reform centered on minority rights.