A/HRC/44/46/Add.2
Federal Court in 2017, Federal Prosecutor’s Office vs. State of Amazonas Government,
Institute of Artistic and National Heritage and the Federal Government.34
72.
During her visit, the Special Rapporteur heard testimonies from these separated
children, who are now adults deeply marked by a traumatic childhood. One of them told the
Special Rapporteur, “I was taken away from my mother as a baby and they put me in the
preventorium. There was a shoe store there, for the boys to learn something. When I was 7,
the shoemaker said that I was a cute girl, so he would be my father. I was happy because I
missed my parents a lot. The shoemaker then made me sit on his lap and started to grope
my body. I felt uncomfortable, but he told me to be quiet and he made me smell shoe glue,
which made me feel dizzy. He raped me. They toyed with my life.” These persons have
received no reparation for the damages they suffered owing to the compulsory isolation of
their biological parents and the abuse and violence they suffered within State facilities.
73.
These separated children suffered abuses and violence from birth, which severely
compromised their psychological, physical and social development. The State is thus fully
responsible for their current situation as persons living with psychosocial disabilities and
without access to a minimum standard of living. The Special Rapporteur calls upon the
State to enforce guideline No. 4 of the principles and guidelines for the elimination of
discrimination against persons affected by leprosy and their family members, and the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law. There is an urgent need for a complex reparation programme (see
A/69/518) that encompasses material and symbolic reparations, guarantees of nonrecurrence, a memorialization process, and rights of access to information and rehabilitation,
given the ageing of this population.
VI. Conclusions and recommendations
A.
Conclusions
74.
During the last decades of the twentieth century, Brazil led the way in the
elimination of discrimination against persons affected by Hansen’s disease and their
family members. Key for such a pioneering role has been the rights-based
Constitution, the high level of expertise about Hansen’s disease among health
researchers in the country, and a sturdy organization of persons affected by the
disease, which attests to their resilience and civic engagement in public affairs. The
Brazilian normative and institutional framework is qualified to protect, promote and
fulfil the rights of persons affected by Hansen’s disease and their family members. Of
particular relevance are laws that combat discriminatory language and compensate
for past damage with a permanent and special measure based on material reparation.
75.
Notwithstanding de jure equality, de facto discrimination endures in
institutionalized practices and interpersonal social relations. Structural barriers act as
powerful social determinants of the incidence of Hansen’s disease in the country,
heightened by the regional and local autonomy in resource administration in this
quasi-continental and highly diverse country. Mechanisms that can ensure
accountability, accessible channels for addressing complaints to relevant authorities,
effective access to justice and strengthening of already existing participatory collegiate
bodies are key to ensure equitable access to health, social protection and interrelated
rights.
76.
Moreover, groups that are already in vulnerable situations are
disproportionately affected by stigmatization on the grounds of Hansen’s disease. The
Special Rapporteur identified gender, age and disability as categories that continue to
intersect with discrimination related to Hansen’s disease, generating restrictions on
the enjoyment of the rights to non-discrimination, equality, health, education, decent
work, accessibility, reasonable accommodation and support, full inclusion and
independent living in the community, and freedom from want and violence. Such
34
16
See www.mpf.mp.br/am/sala-de-imprensa/docs/acp-hanseniase.
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