Comparative overview on the legalization of random drug testing in educational institutions

Abstract

The ‘war on drugs’ has been a primary concern in several countries around the world for decades. The problem has become more severe in recent years as evidence has shown that school children at a very young age are also victims of drug abuse. Due to the fact that conventional educational mechanisms were not sufficient to cater for such problem, some countries have decided to take matters further and implement a random drug testing procedure in schools, which is similar to drug tests conducted at the workplace. In Malta, although certain places of work do perform drug tests on their employees, such a concept has never been discussed in relation to schools. In connection to the fact that the problem of drug abuse is getting worse, there is an urgent need to implement suitable legislation since so far it is inexistent. Following a comparative legal analysis, the main cause for concern is that random drug testing violates the right to privacy of students. This issue has been interpreted and addressed differently from one country to another, however, the general consensus has been that if random student drug testing is implemented correctly in accordance with the law and relevant guidelines, it does not breach student’s rights. This legal term paper also thoroughly examines the strengths and weaknesses of drug testing so as to confront any legal issues that might arise before implementing the policy to ensure a smooth plan of action when dealing with such delicate matters. As a matter of fact such issues were kept in mind when addressing the requisite standards that make a policy successful and effective. All in all, although drug testing students is quite a controversial topic, in the long run it could be a very beneficial tool which addresses the new realities in today’s society to protect and deter our future generation from drugs.