A/HRC/38/42 the already recognized rights, such as access to the highest attainable standard of health, education and justice. Access to the enjoyment of rights depends on extra-institutional factors, such as educational level, inclusion or exclusion from the formal labour market, gender inequalities and racial discrimination. Given the generalized vulnerability of persons affected by leprosy, the gap between written law and the practice of law is severely exacerbated. 52. Laws that discriminate against persons affected by leprosy still exist in many parts of the world. These laws disregard and disrespect international human rights standards, in particular the principle of non-discrimination as stipulated in the Universal Declaration of Human Rights, the International Covenants and subsequent human rights instruments. 53. In 2016, nine countries reported to WHO the existence of discriminatory laws against persons affected by leprosy. 43 A survey conducted by the International Federation of Anti-Leprosy Associations identified more than 20 countries with discriminatory laws, covering segregation, immigration, marriage, voting, public transportation, employment and housing, and violating civic, political, economic, social and cultural rights. According to the survey, 50 per cent of those laws identified as discriminatory are still active and/or with an unknown status and only 8 per cent are under review. Some 52 per cent of those laws were found in the Asian region, followed by 8 per cent in Europe and North America, 7 per cent in Africa and 2 per cent in Oceania. Such laws concern: segregation and separation (29 per cent); immigration (16 per cent); marriage and divorce (10 per cent); employment and voting (6 per cent); public transportation (5 per cent); and residence (2 per cent). Many of these laws date back to the late nineteenth century and early twentieth century, but some are as recent as the late twentieth century and first decade of the twentyfirst century.44 54. The drafting group in its progress report submitted to the Advisory Committee on the implementation of the principles and guidelines on the elimination of discrimination against persons affected by leprosy and their family members 45 also made an effort to map discriminatory laws and practices in order to assess the implementation of the principles and guidelines in different countries. The report is, however, built upon a major gap regarding information from endemic countries, since the majority of the responses were from States in which leprosy was not a major issue. The drafting group acknowledges that discriminatory laws and policies still exist in many countries, depriving persons affected by leprosy from fundamental civil and political rights. It also argues in favour of a more thorough review of the aforementioned laws and policies in order to make positive changes. It goes on to say that such problems are probably not restricted to leprosy-endemic countries, but might also be found in countries in which leprosy was considered a disease of the past. The drafting group identifies discriminatory practices that hinder the enjoyment of the economic, social and cultural rights of persons affected by leprosy, such as divorce on the grounds of leprosy with a strong gender bias or denial of access to school and education to children affected by leprosy, among others. Finally, the drafting group determines that national plans to implement the principles and guidelines are still to be developed; the current level of implementation remains unsatisfactory. 55. In addition to law, jurisprudence and public policies, discrimination is also a reality in the administration of certain States, particularly in health services, education and State benefits, reaching extra-institutional settings, such as the workplace, marriage and community and family life. Discrimination against persons affected by leprosy is so pervasive that it even materializes in exclusionary interpersonal relations that impose the separation of food, spaces and household and work-related objects, and that exclude touching persons affected by leprosy, which is one of the most basic human senses employed in socialization and mutual acknowledgment. This multilayered discrimination 43 44 45 WHO, Weekly Epidemiological Record. See https://www.ilepfederation.org/wp-content/uploads/2017/03/Table-discriminatory-laws2March2017.pdf. Available from www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Leprosy.aspx. 11

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