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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