A/HRC/44/46/Add.1
and that in Japan, a number of medical doctors did oppose the State’s policy of segregation,
but their freedom of expression was curtailed.
38.
In order to ensure guarantees of non-recurrence of such gross violations of human
rights, including segregation and change of name and loss of identity, as well as of all civil
and political rights, sexual and reproductive rights, and the right to the continuity of life
itself in the form of forced sterilization and abortion, it is crucial to ensure that the role
played by the medical community is visible, given that it was decisive in establishing the
discriminatory legal framework and practices. In its general comment No. 20 (2009) on
non-discrimination in economic, social and cultural rights, the Committee on Economic,
Social and Cultural Rights established that the protection of public health as a basis for
restricting human rights in the context of a person’s health status was often a clear violation
of the International Covenant on Economic, Social and Cultural Rights. However, public
health has long been used as a powerful argumentation to restrict civil and political rights,
and the history of modern medicine is indicative of too many human rights violations under
the auspices of the State and based upon medical reasoning. 21
39.
In order to ensure non-repetition of gross human rights violations in the name of
public health, the Special Rapporteur considers it vital that the Government include
reference to the ethical boundaries of medical practice and health policies in medical
curricula with direct reference to the history of Hansen’s disease in the country.
Furthermore, the modern history of Hansen’s disease in the country clearly demonstrates
the importance of human rights capacity-building among the health-care workforce
(A/74/174). The same applies to other professions that have great capacity to influence
public opinion, such as the media and legal professionals.
40.
Secondly, rehabilitation is largely missing from the reparation programmes put in
place by the Government. Rehabilitation is mainly interpreted by international law experts
as medical and psychological services, to which the Special Rapporteur adds, for this
specific case, psychosocial support. The plaintiffs in the 2001 lawsuit each adopted a new
name on entering the sanatoriums, abandoning their own names to stigmatization on the
grounds of Hansen’s disease. Restoration of their good name and reputation through
memorialization processes developed outside the sanatoriums should be included in the
reparation package in order to acknowledge the victims of segregation as survivors entitled
to the same rights as everyone else. Counselling, rehabilitation and restoration of the
dignity and the good names of the persons who were forcibly segregated might also support
family members who endured discrimination and assist family reconciliation. Secrecy still
shrouds the true identity of many persons affected by Hansen’s disease and their family
members in Japan, hindering real psychological and social healing, as well as effective
systemic change to the way Hansen’s disease is perceived by society at large.
41.
Thirdly, a vision for the future of the sanatoriums should also be part of the
reparation schemes and should focus on reconnecting sanatoriums with the surrounding
communities during the lifetime of their residents. It should also duly implement the
recommendations from the principles and guidelines for the elimination of discrimination
against persons affected by leprosy and their family members with regard to full
participation of the sanatorium residents in any decision-making processes that concern the
future of those institutions. Good practices already implemented by some sanatoriums in
the country aimed at ending the isolation of these facilities, such as providing nurseries and
outpatient care to the surrounding community, should be studied for swift replication. The
Special Rapporteur agrees with the view of some experts 22 who have contended that priority
should be given to creating the conditions for the residents to live in peace until their last
days, but also to reconnect them with the outside world, instead of making plans for the
sanatoriums after they are gone. By the same token, ending the isolation of the sanatoriums
should involve not only residents, but also former residents and their families. Such
additional measures should also be considered as fulfilling satisfaction measures.
42.
Fourthly, the importance of prevention as part of reparation is highlighted in the
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
21
22
Dipesh Chakrabarty, “Postcoloniality and the artifice of history”, The Post-colonial SReader, Bill
Ashcroft, Gareth Griffiths and Helen Tiffin, eds. (London and New York, Routledge, 1995).
Kurosaka, Fighting prejudice in Japan.
11
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