A/HRC/44/46
the Elimination of All Forms of Racial Discrimination, article 6; Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, article 14;
Convention on the Rights of the Child, article 39). The General Assembly adopted the
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Gross Violations of International Human Rights Law and Serious Violations of
International Humanitarian Law, in 2005, according to which reparation comprises
restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The
Human Rights Committee has also affirmed the State’s obligation, under article 2 of the
International Covenant on Civil and Political Rights, to promote changes in laws, official
procedures and practices as part of reparation. The principles and guidelines for the
elimination of discrimination against persons affected by leprosy and their family members
calls for the reunification of families separated as a result of leprosy-related policies and
practices, in full accordance with article 23 of the Convention on the Rights of Persons with
Disabilities.
48.
The Special Rapporteur on the promotion of truth, justice, reparation and guarantees
of non-recurrence elaborates thoroughly on reparation measures, putting forward the idea
that reparation programmes should ideally be of a complex nature that allows for benefits to
fully acknowledge the complexity of the harm (see A/69/518). Reparation programmes
should therefore comprise both material and symbolic reparations. Rehabilitation should be
a core measure of reparation programmes, given that victims of serious human rights
violations usually need specialized health-care services. By aiming at systemic change and
non-recurrence, States should implement a comprehensive prevention structure that makes
use of education, arts and culture, archives and documentation, linking reparation
programmes with memorialization processes.
49.
The principles and guidelines call for attention to be paid to the current situation of
leprosy settlements and enumerate the rights of those inhabiting them. Such guidance is in
accordance with general comment No. 4 (1991) on the right to adequate housing, in which
the Committee on Economic, Social and Cultural Rights defined seven components of the
right to housing: juridical security; availability of services, materials, installations and
infrastructure; accessibility of costs; habitability; accessibility of space; localization; and
cultural adequacy. The Committee emphasized the universality of the right to housing and
its interdependency with other rights.. The principles and guidelines also reflect article 19
of the Convention on the Rights of Persons with Disabilities, on the right to make
autonomous and free choices about one’s place of living.
50.
Reparation programmes for persons affected and their family members who have
been forcibly segregated and separated should be of a complex nature, encompassing
material measures aimed at redressing structural disadvantages and symbolic measures
aimed at systemic change, and including rehabilitation, a memorialization process and the
enforcement of housing rights. Housing and property rights should also be given to second
and third generation family members living in leprosy settlements. Even in the contexts in
which segregation was not implemented as an official government policy, it was
nevertheless the result of systemic stigmatization, and people who have been subjected to it
should also be eligible for reparation programmes.
51.
Given the deeply ingrained social representation of leprosy as a symbol for
everything that should be kept apart, leprosy is particularly fitting to be used as a powerful
example in general human rights education. As an historical epitome of dehumanization,
leprosy holds a powerful aptitude to illustrate the importance of human rights for the
building of a free and just society.
C.
In practice
52.
Reparation measures for forced segregation have been implemented in Brazil and
Japan. Japan has also enacted legislation to provide for reparation to family members, and
the state of Minas Gerais in Brazil has granted reparations to persons who were separated
from their parents due to the official policy, although only applicable in the state of Minas
Gerais, and the remaining population remains to receive reparation. In Brazil, the regulation
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