A/HRC/44/46/Add.1
there were 98 new foreign-born cases, most of them from Nepal, the Philippines and Brazil,
and 34 new Japanese cases, 20 of which were from Okinawa prefecture.
5.
The incidence of Hansen’s disease started declining after the introduction of the first
available medical treatment for the disease in 1946,2 then fell drastically in the 1970s. Until
as late as the twentieth century, the modern history of Hansen’s disease in Japan involved
multiple human rights violations. After the Meiji Restoration in 1868, the development of a
national identity together with a drive towards modernization led to the institutional
exclusion of persons affected by Hansen’s disease, which dehumanized them, robbing them
of their personal identities and rights. 3
6.
In 1907, the first leprosy prevention law was enacted to isolate persons affected by
Hansen’s disease. That policy was subsequently reinforced through laws passed in 1931
and 1953. It is striking that the second of those laws was passed in the same year as the
international community, including Japanese scientists and medical doctors, gathered at the
sixth International Leprosy Congress, held in Madrid, 4 and agreed to abandon the policy of
segregation, which had emerged as a global policy in the late nineteenth century. Prior to
the enactment of the 1953 leprosy prevention law, medical doctors operating in the field,
who were aware of the international trend away from that policy, were consulted by the
House of Representatives (the National Diet) and recommended continuing with the policy
of segregation. Even more striking is the fact that this law remained in force until 1996.
7.
The formal discrimination provided for under that law constituted a systemic
violation of the human rights of persons affected by Hansen’s disease, accompanied by
torture, inhumane treatment and abuse of different sorts. These included breaking family
ties, forced labour within the confinement settings, often resulting in the worsening of
physical impairments, and the most extreme violation of the right to the continuity of life in
the form of forced sterilization (eugenic surgery), which was permitted in 1948 under the
eugenics protection law.
8.
Today, there are still about 1,200 persons affected by Hansen’s disease living in
sanatoriums in Japan. Their average age is 86 years old. A considerable number of people
have left the sanatoriums. They now constitute an ageing population that is living with
physical and psychosocial impairments and disabilities related to Hansen’s disease, many
of which are very serious. They include visible physical impairments, such as irreversible
damage to the skin, nerves, hands, feet, limbs and eyes, and disfigurement, blindness, loss
of sensation, chronic wounds and neuropathic pain. Many of these impairments and
disabilities are aggravated by conditions related to old age, such as orthopaedic diseases,
metabolic syndromes, cancer, depression and loss of cognitive functions.
III. Legal and institutional framework
9.
The Japanese Constitution is based on the principle of popular sovereignty and on
respect for fundamental human rights. In its preamble, the Constitution affirms the
preservation of peace and acknowledges the right of everyone to live in peace, free from
fear and want. Article 13 of the Constitution provides that all people shall be respected as
individuals. Article 11 provides that people shall not be prevented from enjoying any of the
fundamental human rights and article 14 provides that all people are equal under the law
and that there shall be no discrimination. Pursuant to article 25, the State shall strive to
promote and improve social welfare and security, and public health. Article 98 affirms that
the Constitutional is the supreme law of the nation and that Japan is obliged to implement
the international treaties it has ratified. Pursuant to article 98 (2), the provisions of the
international treaties ratified by Japan are juridically framed as part of domestic law.
2
3
4
G.H. Faget and others, “Present status of promin treatment in leprosy”, International Journal of
Leprosy, vol. 14, No. 1 (1946).
Fujio Ohtani, The Walls Crumble: The Emancipation of Persons Affected by Hansen’s Disease in
Japan (Tokyo, Tofu Kyokai Association, 1998).
Memoria del VI Congreso Internacional de Leprología: Madrid, octubre de 1953 (Madrid, Gráficas
González, 1954).
3
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