A/HRC/37/57
as possible to local communities where persons with albinism live. Furthermore, States
parties shall require health professionals to provide care of the same quality to persons with
albinism as is available to others; prohibit discrimination against persons with albinism in
the provision of health services; and prevent discriminatory denial of health care or health
services on the basis of disability or colour.
24.
The right to health also includes four interrelated elements: availability,
accessibility, acceptability and quality. In addition, it entails ensuring access to an adequate
system of health protection without discrimination, the right to prevention and treatment of
illnesses, the right to access essential medicines, the provision of health-related education
and information, and the participation of those concerned in health-related decisionmaking.14
The rights of persons with disabilities
25.
Persons with albinism are entitled to the same rights and standards enjoyed by
persons with disabilities, owing to the lack of sufficient melanin in their eyes and skin,
which results in sensitivity to bright light, visual impairment, susceptibility to skin cancer
and various associated barriers in society. It is essential to reassert that human rights are
inalienable, regardless of health or disability status. In accordance with the Convention on
the Rights of Persons with Disabilities, States have a duty to provide reasonable
accommodation in order to ensure de facto equality of persons with disabilities. 15 The
Convention also recognizes the right to the enjoyment of the highest attainable standard of
health, without discrimination on the basis of disability. 16
Equality and non-discrimination
26.
Persons with albinism also face discrimination on the basis of colour, which leads to
significant barriers to the enjoyment of the right to health. In that regard, the Committee on
the Elimination of Racial Discrimination recognizes that persons with albinism suffer from
racial discrimination, as it is discrimination based on colour, one of the prohibited grounds
of racial discrimination listed in article 1 of the International Convention on the Elimination
of All Forms of Racial Discrimination.17
27.
Discrimination against persons with albinism on the basis of colour manifests itself
in a variety of forms. They include harmful practices, 18 and physical attacks and mutilation
motivated by witchcraft-related beliefs and practices, which often lead to death, as reported
in 28 countries in sub-Saharan Africa. In that region, pre-existing conditions include a
widespread belief in witchcraft and, in particular, ambiguity between the practice of
witchdoctors and practice of traditional medicine. 19
28.
In that regard, the International Convention on the Elimination of All Forms of
Racial Discrimination lays down the obligations of States parties to prohibit and eliminate
racial discrimination in all its forms and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin, to public health, medical care,
social security and social services.20 Therefore, under the Convention, persons affected by
racial discrimination, including persons with albinism, are entitled to benefit from special
measures by States parties until de facto equality is guaranteed.21
14
15
16
17
18
19
20
21
Committee on Economic, Social and Cultural Rights, general comment No. 14.
Arts. 2 and 5.
Art. 25.
See CERD/C/ZAF/CO/4-8, paras. 20–21.
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful
practices.
See A/HRC/34/59, para. 56.
Art. 5.
General recommendation No. 32 (2009) on the meaning and scope of special measures in the
Convention.
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents