A/HRC/35/38
leprosy and their family members, including implementation of legislative, administrative
and other measures to address laws, polices, customs and practices that discriminate against
or forcefully segregate persons affected by leprosy and their family members; ensuring that
authorities and institutions take steps to eliminate discrimination against persons on the
grounds of leprosy; taking measures to ensure the full realization of the rights set out in the
different human rights instruments; and consulting with and actively involving persons
affected by leprosy and their family members in decision-making processes that concern
them. Guideline 2 provides for equality and non-discrimination in relation to legal
protection and the law, while guideline 3 provides for protection of the human rights of
women, children and other vulnerable groups affected by leprosy. Guideline 4 promotes
reunification of family members separated as a result of policies and practices relating to
leprosy, while guideline 5 requires States to promote the full inclusion and participation of
persons affected by leprosy and their family members in the community, ensure that they
are not isolated or segregated from the community, provide social support to facilitate
reintegration into the community and ensure their access to housing of their choice,
including in leprosariums and hospitals, if they so wish.
17.
Guideline 6 reinforces principle 5 and calls upon States to ensure that persons
affected by leprosy and their family members enjoy the right to participate in the political
process and to facilitate their access thereto, while guideline 7 emphasizes support for
employment, including self-employment, the formation of cooperatives and vocational
training. Guideline 8 elaborates on principle 7 regarding the right to education, while
guideline 9 requires States to remove discriminatory and derogatory language, such as the
term “lepers”, from government publications. Guideline 10 encourages States to ensure
access for persons affected by leprosy and their family members to public places, public
transport, recreational and cultural facilities and places of worship. Guideline 11 requires
States to provide persons affected by leprosy access to health care on an equal basis with
others, institute early detection programmes and ensure prompt treatment of leprosy,
include psychological and social counselling in standard care and ensure access to free
medication. Guideline 12 provides for the economic, social and cultural rights of persons
affected by leprosy and their family members, such as an adequate standard of living,
financial assistance, as necessary, education and vocational training. Guideline 13 focuses
on awareness-raising throughout society to foster respect for the rights and dignity of
persons affected by leprosy through various means and media. Finally, Guideline 14
recommends that States establish a committee to coordinate activities relating to the rights
of persons affected by leprosy and their family members and include information on
policies and measures taken to end discrimination against persons affected by leprosy and
their family members in their reports to the relevant treaty bodies.
B.
Status of the principles and guidelines
18.
The principles and guidelines build upon and essentially restate the core principles
of international human rights law. Noted with appreciation by both the Human Rights
Council and the General Assembly, they constitute the standard to be upheld by States in
assuming their responsibility to prohibit all forms of discrimination against persons affected
by leprosy and their family members.
19.
The goal of the principles and guidelines is to ensure full respect for and full
realization of all human rights of persons affected by leprosy and their family members.
This goal is critical for every society in order to reaffirm the common faith enshrined in the
Charter of the United Nations “in fundamental human rights, in the dignity and worth of the
human person, in the equal rights of men and women and of nations large and small”. The
global commitment to human rights cannot be achieved if the rights of any particular group
of people, such as persons affected by leprosy and their family members, are not fully
respected or protected. Thus, even assuming that the principles and guidelines for the
elimination of discrimination against persons affected by leprosy and their family members
are not legally binding on States, they nonetheless constitute persuasive authority with
regard to States’ practices to ensure the right to non-discrimination of persons affected by
leprosy and their family members. In general terms, it could be underlined that aspects of
the principles and guidelines are binding on States that have ratified human rights treaties
with similar obligations.
5
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