A/HRC/44/46
in some countries of food security programmes also contributes to the improvement of the
standards of living of persons affected, such as the case of the food security system
established by the Government of India. In Senegal, existing programmes, such as the
national, community-based rehabilitation programme, the programme for equality
opportunity card for persons with disabilities and the national programme for family
security, may be of benefit to persons affected and their families. In countries such as
Brazil, India, Japan, Mozambique, Nepal and Nigeria, the existence of self-help and selfcare groups have proved to be an effective strategy for fostering recovery, survival and
inclusion. Community partnerships between civil society organizations and traditional
leaders and healers, as well as religious leaders, have been reported in Brazil, Ghana and
Nigeria, with positive effects on rights enforcement.
III. Non-discrimination, independent living and inclusion in the
community
25.
Pervasive structural disadvantage, harmful stereotypes and wrongful stereotyping
place persons affected by leprosy and their families in the context of intersecting
vulnerabilities, multilayered discrimination and subordination, perpetuating informal
segregation from community life and denial of fundamental human rights. Stigmatization
remains institutionalized in State architecture and its functioning. According to the
International Federation of Anti-Leprosy Associations, there are more than 50 countries in
the world that keep discriminatory laws against persons affected by leprosy in force.
Discriminatory practices in State administration services is also an enduring reality, in
particular in health-care and education services, work opportunities and regulation and
access to disability rights. With regard to the former, a substantive number of persons
affected by leprosy are excluded, due to the lack of institutional awareness and/or
inadequate eligibility criteria. Specific and targeted measures are mandatory for ensuring de
facto non-discrimination and equality. The Special Rapporteur makes use of disability as a
core concept for achieving a barrier-free society, emphasizing the need for leprosy-sensitive
policies that should go hand in hand with capacity-building on the rights of the target
population among State workers, persons affected and their families.
A.
Non-discrimination
26.
The principles and guidelines are based on legally binding provisions of
international human rights instruments that prohibit discrimination, i.e., any distinction,
exclusion, restriction or preference based on a specific condition or status. Both the
International Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights prohibit all forms of discrimination on any grounds.
For cases of multiple discrimination, in which a person affected or a family member is
subjected to intersectional exclusion on the basis of gender, age, disability or race,
provisions from the Convention on the Elimination of All Forms of Discrimination against
Women, the Convention on the Rights of the Child, the Convention on the Rights of
Persons with Disabilities and the International Convention on the Elimination of All Forms
of Racial Discrimination also apply.
27.
The enforcement of equality and the prohibition of discrimination are provided in
article 2 of the International Covenant on Civil and Political Rights and article 2 of the
International Covenant on Economic, Social and Cultural Rights. Whereas the full
enjoyment of economic, social and cultural rights is a progressive obligation, the
prohibition of discrimination is an immediate obligation. Furthermore, under the
Convention on the Rights of Persons with Disabilities States are obligated to take all
appropriate measures to modify or abolish existing discriminatory laws, regulations,
customs and practices and to eliminate discrimination on the grounds of disability by any
person, organization or private company.
28.
States must abstain from any interference in the enjoyment and exercise of civil,
political, economic, social and cultural rights by persons affected and their family members,
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