A/HRC/44/46/Add.2
20.
The explanatory statement of Executive Order No. 373/2007 (subsequently Law No.
11520/2007) details the historical background of the Brazilian policy of institutional
segregation. Officially, the compulsory isolation of persons affected by Hansen’s disease in
Brazil was abolished in 1962 under Decree No. 968. However, the pace at which secluded
persons were released differed as a result of local and regional realities, hence de facto
segregation continued until as late as 1986.
21.
Article 4 of Law No. 11520 provides for full rehabilitation and ensures free access to
orthotic devices, prostheses and other assistive devices and technologies for the
beneficiaries of the special pension.
22.
As part of the compulsory isolation policy, a large number of the children of persons
affected by Hansen’s disease were separated from their parents and grew up without any
contact with their biological parents. These children were sent to orphanages, nurseries and
“preventoriums” – institutions created by the State for their segregation from society
immediately after birth. Minas Gerais was the first state to adopt a law granting reparation
to persons who were separated from their parents owing to this official policy (state Law
No. 23137/2018). Minas Gerais Decree No. 47560/2018 establishes the criteria for the
concession of this benefit. These norms are applicable in the State of Minas Gerais only.
B.
Institutional framework
23.
The two governmental bodies directly involved with Hansen’s disease in Brazil are
the Ministry of Health, which is responsible for the health care of persons affected by
Hansen’s disease, and the Ministry of Women, Family and Human Rights, which is
responsible for the implementation of Law No. 11520.
24.
The development and monitoring of the National Hansen’s Disease Strategy 2019–
2022 is the responsibility of the National Office for Hansen’s Disease Coordination, under
the Secretariat of Health Surveillance of the Ministry of Health. In accordance with the
WHO global strategy,14 the National Hansen’s Disease Strategy is based on three strategic
pillars: strengthening management of the programme at the three levels of governance;
fighting Hansen’s disease and its complications; and fighting discrimination and promoting
inclusion.
25.
Guidelines for the surveillance, care and control of Hansen’s disease and on
preventing its transmission are based on active case detection, timely treatment, prevention
of physical impairments and contact tracing. The National Office for Hansen’s Disease
Coordination encourages the participation of both persons affected by the disease and
experts in the field, which has contributed to the quality of technical responses to the
disease in the country. Brazil has sometimes diverged from WHO policy in the past,
researching the WHO guidelines in-depth before implementing them nationally, as in the
recent case concerning chemoprophylaxis with a single dose of rifampicin (post-exposure
prophylaxis) for individuals who had been in contact with persons diagnosed with Hansen’s
disease. The concerns over possible resistance to rifampicin and stigmatization of such
individuals that were raised by experts and persons affected by Hansen’s disease were duly
taken into consideration when deciding on this matter. Private-public partnerships are also a
core part of the national strategy. Projects implemented by partnerships between the
Ministry of Health and MORHAN, Novartis Brazil, DAHW Brazil, the Sasakawa Health
Foundation and the Pan American Health Organization are currently under way. Both state
and municipal authorities are responsible for the implementation of the strategy.
26.
Health councils at the three levels of administration are key mechanisms for
monitoring the proper implementation of the strategy. The Special Rapporteur became
aware of this fact during her visit, especially given the level of autonomy of the states and
the municipalities in the management of resources and the disparate implementation of the
national strategy within the country.
27.
Presidential Decree No. 9759/2019 regulates and limits the councils, which are
federal public collegiate bodies, and restricts the exercise of fundamental freedoms and
14
6
WHO, Global Leprosy Strategy 2016−2020: Accelerating towards a leprosy-free world (New Delhi,
2016).
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