A/HRC/44/46
Committee has noted that accessibility is a precondition for independent living and for full
participation in community life. Its implementation encompasses physical environments,
transportation, information and communication and public and private goods, products and
services. States must elaborate accessibility standards to guide service providers and all
relevant stakeholders.
34.
According to article 5 of the Convention on the Rights of Persons with Disabilities,
reasonable accommodation should be provided when any individual is faced with an
inaccessible situation or environment. Although accessibility should be included in systems
and collective processes, reasonable accommodation should be ensured for individualized
situations. Examples of reasonable accommodation include: making existing facilities and
information accessible; adapting equipment; reorganizing activities; rearranging tasks;
adjusting programmes, learning materials and teaching strategies; adjusting medical
procedures; and guaranteeing access to support staff without disproportional or undue costs.
35.
The principles and guidelines also link the exercise of the right to actively
participate in public affairs with the enjoyment of autonomy. With that in mind, the Special
Rapporteur recalls the provisions of article 19 of the Convention on the Rights of Persons
with Disabilities that are aimed at overcoming any structural barrier that hinders living an
independent life and fully participating in the community, and according to which, the State
should, to the maximum of its available resources, create supporting environments that
enable independent living, through habilitation and rehabilitation services, communitybased support services and arrangements, including personal assistance, assisted living
arrangements, mobility aids and assistive devices and technologies. The aforementioned
measures must be implemented in full respect of the right to privacy and must be available,
accessible, affordable, acceptable, gender-sensitive and culturally sensitive. The same
applies to psychosocial disabilities related to leprosy. Access to the highest attainable
standard of mental health not only implies the right to community-based services, but also
support for the full enjoyment of the rights to live independently and to legal capacity.
36.
Autonomy and independent living should also be guaranteed in old age. An
approach that can address the psychosocial effects of multiple discrimination and violations
throughout life, as well as the physical impairments related both to leprosy and to ageing,
should be implemented to guarantee a dignified life. Older people affected by leprosy
should never be denied the right to legal capacity because of their age and/or mental health
status. Older people affected by leprosy have the right to personal autonomy in making
decisions, in particular life decisions. For the enjoyment of that right, support services may
be required. By the same token, palliative care provided within ethical and deontological
standards should be ensured.
C.
In practice
37.
Among constitutional democracies, some nations present sophisticated tools for
defending equality and prohibiting discrimination in their constitutional texts. However,
there are still more than 50 countries in the world with discriminatory laws against persons
affected by leprosy. In India, the country with the most discriminatory laws in place against
person affected, positive steps are currently being taken. The Government has adopted a
policy of adopting zero discriminatory laws, which may contribute to the abolishment of
remaining discriminatory laws. Public interest litigation cases in the Supreme Court of
India have been contributing to progress in that regard, which evinces the key role played
by civil society in the defence of the rights of persons affected. It is equally important to
highlight the actions of civil society in India, undertaken through campaigns and advocacy,
against discriminatory laws and practices. In Nepal, IDEA conducts legal advocacy
workshops for raising awareness of the rights of persons affected. In Brazil, the National
Observatory on Human Rights and Hansen’s Disease has been created as result of a
partnership between the Office of the Public Defender of the State of Maranhão, MORHAN
and the Sasakawa Health Foundation. The Observatory receives and monitors report of
human rights violations of persons affected, with the mission to fight institutionalized
discriminatory practices.
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