A/HRC/41/47
treatment for leprosy and individuals who had been cured of leprosy. It has also been
suggested that this expression encompasses family members of persons affected by leprosy.
12.
The Special Rapporteur makes use of the expression “persons affected by leprosy”
in accordance with Human Rights Council resolution 35/9 and due to the lack of an
alternative terminology emerging from a self-identification process. Notwithstanding, she
targets the knowledge gaps that persistently represent persons affected by leprosy as a
homogeneous group.
B.
The principles and guidelines as a road map towards formal and
substantive equality
13.
The principles and guidelines for the elimination of discrimination against persons
affected by leprosy and their family members simultaneously draw inspiration from the
provisions of legally binding human rights instruments 8 and recognize persons affected by
leprosy and their family members as a group of individuals in need of special measures for
eliminating the root causes that perpetuate substantive discrimination against them.
14.
The principles and guidelines are thus in agreement with general comment No. 20
(2009) on non-discrimination in economic, social and cultural rights of the Committee on
Economic, Social and Cultural Rights. The principles and guidelines clarify the normative
content of legally binding international human rights instruments, providing guidance on
how to enforce human rights in the specific context of the systemic and structural violation
of the human rights of persons affected by leprosy and their family members.
15.
Firstly, the principles and guidelines are an example of non-treaty standards that
reinforce customary law. International human rights norms prohibit inhuman and degrading
treatment, as well as arbitrary detention. Such is the point of departure of the principles and
guidelines, which recognize the massive violation of the human rights of persons affected
by leprosy and their family members through the enactment of discriminatory policies and
institutionalized practices. The principles and guidelines condemn the results of the
aforementioned policies and practices, which have contributed to systematic and
widespread violations.
16.
Secondly, the principles and guidelines embody the fundamental values of
international human rights norms. Therefore, they reaffirm and seek to reinforce
compulsory general principles of human rights as established by several treaties and
conventions such as dignity, non-discrimination and equality.
17.
Thirdly, the multilayered discrimination on the grounds of leprosy calls for
acknowledging multiple intersections of leprosy with gender, ethnicity and/or race, age,
disability, migration and poverty. This also means that in order to eliminate discrimination
on the grounds of leprosy, persons affected by leprosy and their family members are
entitled to the rights established for these different social groups and they should be
enforced accordingly.
18.
In sum, 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 and needs of the particular group of persons affected
by leprosy and their family members. They provide States with a road map for monitoring
the situation of persons affected by leprosy and their family members and for implementing
measures that, by enforcing international human rights law, can guarantee formal and
substantive equality.
8
4
Universal Declaration of Human Rights; Convention on the Elimination of All Forms of Racial
Discrimination; Convention on the Elimination of All Forms of Discrimination against Women;
International Covenant on Civil and Political Rights; International Covenant on Economic, Social and
Cultural Rights; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; Convention on the Rights of the Child; Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families; and Convention on the Rights of Persons with
Disabilities.
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