A/HRC/35/38 legislative matters. However, the political platform for consultation and participation at the national level was still not adequate.16 31. The majority of the responses from NGOs representing persons affected by leprosy indicated that, to date, there had been minimal or no consultation with and participation by persons affected by leprosy in the government decision-making process on issues concerning them. However, they themselves had formed self-help groups and were involved in local-level advocacy and projects that affected them. 17 C. Civil and political rights 32. All of the responses received invariably indicated that the Constitutional provisions in the respective countries provided for the enjoyment of civil and political rights by all citizens without discrimination, including persons affected by leprosy and their family members. However, a significant number of responses, particularly from associations of persons affected by leprosy and international NGOs representing them in the respective countries, indicated that, in practice, the exercise of civil and political rights by persons affected by leprosy still left much to be desired and, in some cases, was curtailed by subsidiary laws. 33. In India, the right to stand for elections was curtailed under six municipal and Panchayati Raj (local) acts in the states of Rajasthan, Andhra Pradesh, Odisha, Chhattisgarh and Madhya Pradesh. This was corroborated by a decision passed by the Supreme Court of India in 2008, which upheld the decision of a lower court that had disqualified a person affected by leprosy from contesting civic elections or holding municipal office by citing discriminatory provisions against persons affected by leprosy in a 2005 Odisha Municipal Act.18 Moreover, although persons affected by leprosy had legal rights to citizenship and to vote, in practice, it was not easy for those living in leprosy colonies to exercise those rights since most of them could not obtain a national identity card as proof of residence because they did not have rights to the land and houses they lived in. 19 A similar concern was pointed out in Myanmar, where a high proportion of persons affected by leprosy and with moderate or severe disabilities did not have national identity cards, which was an obstacle to their exercising their right to vote.20 34. Many of the responses from associations of persons affected by leprosy indicated that, although their civil and political rights were constitutionally guaranteed and some governments had formulated policies in that respect, the actual exercise of those rights by persons affected by leprosy was made difficult owing to the persistent stigma and discrimination existing in society, in particular against persons with visible deformities. 21 One case that stood out was of a man affected by leprosy in Brazil who was denied a voting card by the registration officer because he was illiterate and required the officer’s assistance to affix his fingerprint.22 Most of the NGOs underlined the need for Governments to take specific policy and legal measures to ensure the full enjoyment of civil and political rights by persons affected by leprosy.23 35. Brazil has a wide range of legislation to ensure the enjoyment of human rights by persons affected by leprosy. The independent Public Prosecutor’s Office was often called upon in cases of violation of human rights against persons affected by leprosy. In many 16 17 18 19 20 21 22 23 8 Responses from MORHAN (Brazil) and Netherlands Leprosy Relief-Brazil. Responses from FAIRMED Foundation (Sri Lanka), FOKAD (Democratic Republic of the Congo), HANDA (China), GPDL (Indonesia), Marcial Escobar (Paraguay), The Leprosy Mission-Myanmar; CORSOHANSEN (Colombia), FELAHANSEN (Colombia), The Leprosy Mission-Nepal, IDEANepal, Lepra-Bangladesh and ENAPAL (Ethiopia). Response from The Leprosy Mission Trust (India). Ibid. Response from The Leprosy Mission-Myanmar. Responses from Lepra-Bangladesh, Netherlands Leprosy Relief-Mekong (Viet Nam), Netherlands Leprosy Relief-Brazil, MORHAN (Brazil), ILEP (Paraguay), The Leprosy Mission-Bangladesh. Response from Netherlands Leprosy Relief-Brazil. Responses from HANDA (China), The Leprosy Mission-Bangladesh, GPDL (Indonesia), FOKAD (Democratic Republic of the Congo), Fontilles-Nicaragua and FELAHANSEN (Colombia).

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