A/HRC/38/42
(a)
Regional accountability mechanisms — jurisprudence from existing regional
human rights systems of protection, 53 the recommendations produced by them and the
extent of their implementation;
(b)
National legislative frameworks, public policies and participation
mechanisms — to evaluate how States should advance towards the prohibition of
discrimination on the grounds of leprosy and towards the protection, promotion and
enforcement of the human rights of persons affected by leprosy and their family members,
the following will be assessed:
(i)
Measures taken to ensure, at the normative, jurisdictional and policymaking
levels, the rights of persons affected by leprosy and their family members as
established by the principles and guidelines, as well as measures taken to ensure
access to them;
(ii)
Measures taken for raising awareness about leprosy;
(iii) Measures taken to ensure the participation of persons affected by leprosy in
decision-making processes concerning issues related to them and in following up
States’ activities to implement the principles and guidelines.
99.
Additionally, the following will also be assessed to enable the identification of good
practices and formulate pragmatic and realistic recommendations on implementing the
principles and guidelines:
(a)
How domestic constitutional law coordinates and integrates States’
commitments under international human rights law;
(b)
The state of national anti-discriminatory laws, public policies related to the
realization of economic and social rights and the existence of judicial and administrative
remedies available to enforce human rights and monitor public policies, and of public
participation mechanisms;
(c)
National justice systems, or how domestic courts have adjudicated in cases
related to the rights and freedoms of people affected by leprosy and their family members
and also heard cases related to discrimination laws and economic, social and cultural rights
implementation, in order to develop a better understanding about the use of courts and
national case law as an accountability mechanism.
F.
Priorities for the mandate
100. Given the limited availability of resources, the Special Rapporteur has identified two
priority areas that she deemed key in the promotion of the rights and freedoms of persons
affected by leprosy and their family members. These priorities resulted from a consultation
undertaken by the Special Rapporteur with some of the main stakeholders in the field of
leprosy, 54 as well as national NGOs and organizations of persons affected by leprosy, 55
which allowed persons affected by leprosy and their family members to be consulted in
more than 40 countries. These consultations were aimed at developing a framework that
gives primacy to the following priorities:
(a)
Enforcement of equality — harmonize domestic laws and practices with
international law, as well as guarantee effective access to rights, in order to tackle the
53
54
55
18
African Commission on Human and Peoples’ Rights, the Inter-American Commission on Human
Rights and the Inter-American Court of Human Rights.
Among them: the International Federation of Anti-Leprosy Associations, the Nippon Foundation,
Sasakawa Memorial Health Foundation, Leprosy Mission International, the International Association
for Integration, Dignity and Economic Advancement, the International Leprosy Association, WHO
and the Pan American Health Organization.
For example: Movimento de Reintegração de Pessoas Atingidas pela Hanseníase, Perhimpunan
Mandiri Kusta, the Coalition of Leprosy Advocates of the Philippines, Handa Rehabilitation and
Welfare Association and Felehansen.
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