A/HRC/44/46
of lands and property has resulted in the handing over of the usufruct and ownership of
property of houses to persons affected and their family members in the states of Acre, Rio
de Janeiro and Minas Gerais. In Japan, pioneering memorialization initiatives stand out,
such as the creation of museums and the preservation and study of the artistic production of
persons affected who were forcibly segregated. In Brazil and Japan, there are innovative
experiences of participatory health-care management and health-care provision in former
leprosy colonies. In Taiwan Province of China, strategies are put into place by civil society
to ensure that older people affected who are still living in segregated communities are able
to live in a dignified manner. In Ghana and Togo, civil society organizations have reunited
families living in segregated facilities by assisting them in their return home, if desirable
and possible.
V. Empowerment, with a focus on vulnerable groups
53.
As documented by the Special Rapporteur, leprosy-related discrimination is
multilayered – it frequently intersects with discrimination against other marginalized
groups. Furthermore, the impact of stigmatization on the grounds of leprosy on the lives of
persons affected is proportional to their vulnerability and resilience. She recognizes that the
call for special attention to be paid to, and for the protection of, groups that are more
vulnerable to leprosy-related discrimination, as set out in the principles and guidelines,
identifies women and children as priority target groups. In order to prevent paternalistic
approaches to vulnerability, the Special Rapporteur underscores three critical safeguards:
vulnerability is not an ontological feature of a group of persons; vulnerability is often
coupled with subordination, understood by the Special Rapporteur as the historical
devaluation of some groups of people under hierarchical social structures that, by producing
and reproducing an unequal distribution of power, severely constrain their autonomy and
participation; and vulnerability reduction policies must focus on building the autonomy of
target populations by promoting their empowerment.
54.
Although eradicating vulnerability might not be feasible, diminishing it through
policymaking and institutional arrangements is viable. Reinforcing the principle of
autonomy implies not only recognizing the independence of individual viewpoints, choices,
values and beliefs, but also creating conditions that can enable individuals to act
autonomously. A human rights-based approach to vulnerability includes making groups in
vulnerable situations the preferential beneficiaries of public policies in order to guarantee
their full enjoyment of fundamental rights and freedoms. Vulnerability is at the core of the
elaboration of norms, when factors such as disability, age, migration status, deprivation of
liberty, refugee status or ethnicity are considered in human rights standards. Furthermore,
international human rights law has come to recognize the specificity of the economic, social
and political conditions of certain groups, responding to their struggles with specific
instruments for protecting their rights, including the Convention on the Elimination of All
Forms of Discrimination against Women, the International Convention on the Elimination
of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the
ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169).
55.
The obligation of the State to protect, promote and fulfil human rights is, for people
living in vulnerable situations, inextricably linked to taking all measures necessary to
empower them. Through empowerment, marginalized persons or persons in disadvantaged
situations achieve greater control over their lives, furthering their democratic engagement
with enhanced critical understanding about their own settings and their relation to power
relations and hegemonic social structures. Common elements to the various definitions of
empowerment are that it is a process, has a dimension of collective involvement, and
involves active participation, critical reflection, awareness-raising, understanding, and
access and control over important decisions and resources. The 2030 Agenda for
Sustainable Development is built upon the recognition that development is not only
transforming the material conditions of people in disadvantaged circumstances, but also
implies providing them with a voice and choice. The empowerment of individuals and
groups can contribute to transforming laws, policies, practices, norms and power relations.
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