A/HRC/44/46
I. Introduction
1.
Pursuant to Human Rights Council resolution 35/9, in which the Council affirmed
the need to intensify efforts to eliminate all forms of discrimination against persons affected
by leprosy and their family members, and stressed the importance of implementing the
principles and guidelines for the elimination of discrimination against persons affected by
leprosy and their family members, the Special Rapporteur, Alice Cruz, has set out a policy
framework with the aim of assisting States in the development of rights-based national and
regional action plans. The Special Rapporteur hopes to contribute to a much-needed
paradigmatic shift, from traditional medical and charity-based approaches to the
enforcement of de facto equality for persons affected and their family members.
Concomitantly, the Special Rapporteur aims to foster the recognition and inclusion of
persons affected and their families, who have systematically been left behind and might
continue to be the furthest behind, if no positive action is taken, in the global
implementation of the Sustainable Development Goals.
2.
The principles and guidelines underpin the normative integration of several
international human rights instruments, interpreting and translating legally binding norms in
close connection with the conditions required by and the needs of persons affected by
leprosy and their family members. The need for a rights-based policy framework is put
forward in the principles and guidelines, when identifying development, implementation
and follow-up activities, within a participatory arrangement, as the obligations of States.
Having identified substantive discrimination as a leading cause of systemic marginalization,
the Special Rapporteur agrees with the Special Rapporteur on extreme poverty and human
rights, who has raised the matter of the insufficiency of anti-discrimination policies for
bringing people who have been subjected to discrimination and poverty into mainstream
society groups (see A/72/502). Guaranteeing equal opportunities to people living in poverty
may be nothing more than a well-intentioned discourse. A comprehensive multisectoral
policy is therefore key for achieving the goal of eliminating discrimination against persons
affected by leprosy and their family members.
3.
The Special Rapporteur considers a policy to be any means through which States
define and implement action within a comprehensive framework that puts into practice the
principles of the indivisibility, interdependence and universality of rights through
coordinated interventions between the different aspects of governmentality. In accordance
with standardized practice for developing a policy framework, the present report is set out
as a continuation of the previous report (A/HRC/41/47), in which the Special Rapporteur
recognized the problematic situation with resource to a comprehensive description of the
situation of persons affected and their family members that identified root causes of
discrimination through a bottom-up approach firmly anchored in the experience of affected
persons, their families and key stakeholders in the field of leprosy.
4.
In the previous report, the Special Rapporteur identified a lack of acknowledgement
among policymakers of the broad structural causes of ongoing discrimination and the
limited number of interventions outside the health field. Such gaps call for a rights-based
policy framework structured on the following four main axes: (a) adequate standard of
living and economic autonomy, which includes social protection, work and training
opportunities and access to health systems; (b) non-discrimination, independent living and
inclusion in the community, which includes anti-discrimination principles, accessibility and
independent living; (c) elimination of stereotypes and the right to truth and memory, which
includes awareness-raising and capacity-building, reparation and the preservation of
history; (d) empowerment, with a focus on vulnerable groups, which includes education,
participation and access to justice.
5.
The Special Rapporteur acknowledges the epidemiological, social, cultural and
political heterogeneity of the expression of leprosy worldwide and, for that reason, has
strived to develop a policy framework that simultaneously safeguards universal basic
human rights principles and norms and leaves room for the specificities of national and
local contexts. Importantly, the policy framework is suitable for implementation within
already existing national human rights policies and programmes. However, such integration
cannot jeopardize an efficient response to the needs of the target population, for which it
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