A/HRC/44/46/Add.2 III. Legal and institutional framework A. Legal framework 1. International legal framework 10. Brazil has ratified several international human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities, which are of particular importance for the protection of persons affected by Hansen’s disease and their family members. 11. In 2010, Brazil voted for General Assembly resolution 65/215, in which the Assembly explicitly reaffirmed that persons affected by leprosy and their family members are entitled to all human rights and fundamental freedoms. In accordance with article 5 (2) of the Brazilian Constitution, which states that the rights and guarantees enshrined in the Constitution do not exclude others provided for in the international treaties that Brazil has ratified, Brazil is obliged to respect, protect and fulfil the human rights of persons affected by Hansen’s disease and their family members. In this regard, the principles and guidelines for the elimination of discrimination against persons affected by leprosy and their family members (A/HRC/15/30, annex), cited in resolution 65/215, provide support in the context of domestic law and policies. 2. National legal framework General 12. The Brazilian Constitution provides that building a free and fair society, eradicating poverty and reducing social and regional inequalities, and promoting equality without distinction on the basis of race, sex, colour, age or any other grounds for discrimination are the guiding principles for the rule of law in the country. The right to education, health, food, work, housing, transport, leisure, security, social security and protection of motherhood and childhood are recognized as social rights under article 6 of the Constitution. 13. Health protection, promotion and rehabilitation, as well as the organization and functioning of the health services within the public Unified Health System (Serviço Único de Saúde) are regulated by Law No. 8080/1990. Decree No. 7508/2011 regulates that law and specifies how the Unified Health System is organized, including how entities at the federal, state and municipal levels should coordinate their work and plan for the provision of health care. 14. Public participation in the management and monitoring of the Unified Health System is ensured by two bodies at the federal, state and municipal levels: health councils and health conferences. The councils have a permanent and deliberative character, while the conferences meet periodically and have a consultative profile. Both foresee parity of participation between the beneficiaries of the Unified Health System and health providers. 15. Under this legal framework, which guarantees de jure universal, equitable and decentralized access to health care, the health care of persons affected by Hansen’s disease is to be provided by multidisciplinary health teams in public services at all levels of the Unified Health System, with particular focus on primary health care. 16. In accordance with the Constitution, especially article 203, the Government of Brazil has an obligation to set up a social security regime 9 and provide welfare. 10 Brazil has adopted legislation to combat femicide (Law No. 13104/2015), gender violence (the “Maria da Penha” Law, No. 13827/2006) and to protect vulnerable groups, including children and adolescents (Law No. 8069/1990), older persons (Law No. 10741/2013) and persons with disabilities (Law No. 13146/2015). Those laws are applicable for the protection of persons 9 10 4 Law No. 8213/1991 provides for the establishment of benefit plans within the Brazilian social security system. Law No. 8742/1993 provides for the establishment of social assistance benefits.