A/HRC/44/46/Add.2
persistent social inequality that hinders the access of a substantive part of the population to
fundamental rights and freedom from want. Despite the impressive efforts of government
authorities to promote health education, train health workers and develop high-quality
technical guidelines, the critical gaps with regard to addressing the social determinants of
Hansen’s disease in a country where a significant number of people live below the poverty
line keep the disease very much alive and compromise the rights and well-being of those
who are affected. The permanent rotation of health workers within the public health system
in the more remote areas of the country, which are not as attractive to health workers as the
central areas, was also pointed out as a determining factor in the diminished capacity of the
system to diagnose and treat the disease on time.
36.
In accordance with the evidence gathered during her visit, the Special Rapporteur
recalls that guideline No. 11 of the principles and guidelines for the elimination of
discrimination against persons affected by leprosy and their family members provides for
guidance to States on the enforcement of the right to health of persons affected by leprosy
and their family members. This reflects the core provisions of article 25 of the Universal
Declaration of Human Rights, article 12 of the International Covenant on Economic, Social
and Cultural Rights and articles 25 and 26 of the Convention on the Rights of Persons with
Disabilities, all of which Brazil has ratified. Of particular importance to understand the
obligations of Brazil to protect, promote and fulfil the right to health is general comment
No. 14 (2000) on the right to the highest attainable standard of health of the Committee on
Economic, Social and Cultural Rights. In that general comment, the Committee interprets
the right to health as both the right to the enjoyment of a variety of facilities, goods and
services, and to the underlying determinants of health, such as access to safe and potable
water and adequate sanitation, an adequate supply of safe food, nutrition and housing, and
healthy occupational and environmental conditions. The Committee also draws attention to
article 25.1 of the Universal Declaration of Human Rights, which affirms that everyone has
the right to a standard of living adequate for their own health and that of their family,
including food, clothing, housing and medical care and necessary social services.
B.
1.
Discrimination
Institutionalized and interpersonal discrimination
37.
Although there are no discriminatory laws against persons affected by Hansen’s
disease and their family members in Brazil, institutionalized discrimination is reported in
the administration of the State, as is interpersonal discrimination against persons affected
by Hansen’s disease and their family members.
38.
The Special Rapporteur received reports about ongoing discrimination at the hands
of public services both in high-burden and low-burden states. Reports submitted by civil
society organizations provided two examples (one from Pará and one from Maranhão) of
discriminatory practices in hiring policies for public jobs, in which Hansen’s disease was
considered an eliminatory criterion. Another discriminatory practice was reported in the
State of Mato Grosso, where patients undergoing medical treatment for Hansen’s disease
were forced to sign an agreement committing not to stop their treatment under threat of
being prosecuted under article 267 of the Brazilian Penal Code.
39.
During several of her meetings with persons affected by Hansen’s disease, the
Special Rapporteur also heard testimonies of discriminatory practices within public health
and social assistance services, most of which reflect a lack of knowledge about the disease
among civil servants. This is exacerbated by bureaucratic procedures that are impenetrable
or difficult for marginalized groups to comply with. One striking example is that of a
woman who, having been diagnosed with Hansen’s disease while pregnant, was advised by
her health team to terminate the pregnancy because of the disease.
40.
Enduring institutionalized discrimination appears to be based on harmful stereotypes
(see A/HRC/41/47) which, despite all the efforts made in previous decades, continue to
result in stigmatization. The Special Rapporteur received reports of good practices for
raising awareness which, instead of making use of medicalized language and a top-down
approach, encourage cooperation between health workers, persons affected by Hansen’s
disease, traditional leaders and healers. The aim is to provide the public with key
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