A/HRC/44/46/Add.2 affected by Hansen’s disease and their family members. More specifically, the Brazilian legal system provides for a set of basic rights under which persons affected by Hansen’s disease are to be protected:11 • Right to free health-care services, under Law No. 8080/1990; • Rights to adequate treatment in a timely manner, to privacy and confidentiality about one’s health, to an enabling and humanized service, to information on and access to participation mechanisms, and to participate in health councils and conferences, under Ministry of Health Ordinance No. 1820/2009; • Right to rehabilitation and inclusive labour rights for persons with disabilities, under Laws No. 8213/1991 and No. 13146/2015; • Right to social security benefits for persons with disabilities, under articles 42 and 59 of Law No. 8213/1991; • Right to a continuous instalment benefit, under Law No. 8742/1993; • Right to tax exemptions, under Laws No. 7713/1988, No. 8989/1995 and No. 8383/1991; • Right to full and free legal assistance, under Complementary Law No. 80/1994, as amended by Complementary Law No. 132/2009. Special measures 17. Brazil has been leading in the adoption of anti-discrimination laws and special measures 12 for the protection of persons affected by Hansen’s disease and their family members. Its legal framework is in accordance with principle No. 2 and guideline No. 2 of the principles and guidelines for the elimination of discrimination against persons affected by leprosy and their family members, which concern non-discrimination and reaffirm legally binding provisions from several international treaties. Brazil no longer has any laws in place that discriminate against persons affected by Hansen’s disease. 18. Brazil prohibited language that discriminates against persons affected by Hansen’s disease under Ordinance No. 165/1976, replacing the term “leprosy” with “Hansen’s disease” in all official documentation. That Ordinance later became Law No. 9010/1995. Brazil has played a pioneering role in implementing guideline No. 9 of the principles and guidelines, which concerns the prohibition of discriminatory language. It has also played a key role in acknowledging the relationship between stereotyping and discrimination, which are referred to in article 8 of the Convention on the Rights of Persons with Disabilities, articles 2, 4 and 5 of the Convention on the Elimination of All Forms of Discrimination against Women, and article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, and in other international human rights instruments. 19. In 2007, Brazil recognized the damage that had been caused by the State policy of forced isolation of persons affected by Hansen’s disease, which had been in place between the 1920s and the 1980s. It established an administrative programme to provide for material reparation under Law No. 11520/2007. This Law authorizes the executive branch of the Government to grant special lifelong monthly non-transferable pensions to persons affected by Hansen’s disease who were subjected to compulsory isolation in segregated colonies up to 31 December 1986. An application must be submitted for the pension; its receipt does not exclude access to other social benefits. It is a special measure of a permanent nature.13 11 12 13 See Rafael Monteiro Teixeira, “Direitos e garantias da pessoa atingida pela hanseníase”, master’s degree dissertation, Universidade Estadual Paulista “Júlio de Mesquita Filho”, 2017. See Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004) on temporary special measures, and Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009) on the meaning and scope of special measures in the Convention. According to the Committee on Economic, Social and Cultural Rights in its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, special measures may, exceptionally, need to be of a permanent nature (para. 9). 5

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