A/HRC/44/46
and a failure to systematically ensure that judicial mechanisms were physically,
economically, socially and culturally accessible.
68.
Persons affected and their families are among those left furthest behind with regard
to access to justice as a means to fight back against discrimination and defend their rights.
On the one hand, systemic segregation, marginalization, violation, discriminatory legal
frames and institutionalized practices, together with subordination and vulnerability, have
made it almost impossible for persons affected to acquire access to justice. On the other
hand, the centralization of courts and quasi-judicial bodies in urban centres, the cost and
length of time of transportation to those places, as well as the non-accessibility of
procedures, information and documentation, the non-availability of legal aid, the many
deficiencies of the judicial system and the lack of knowledge among public defenders and
judicial staff, have curtailed their right to justice.
69.
In order to enforce the right to justice and the human rights literacy of a population
that struggles with financial, physical and knowledge restrictions, States should take all
measures necessary to: remove economic barriers, with the provision of legal aid; remove
linguistic and cultural barriers, with the provision of translation and interpretation services,
assistance to illiterate individuals and intercultural interpretation; develop partnerships with
traditional justice systems for ensuring a rights-based approach to leprosy is taken in
contexts of juridical pluralism; systematically record discrimination for supporting
research, analysis of risk factors and providing quick, adequate, holistic, efficient and
proportional remedies, with easy-to-access mechanisms for making complaints of
discrimination; train judicial staff on issues related to leprosy; and build capacity on core
human rights of those affected and their families.
D.
In practice
70.
In some countries, like Brazil and Nepal, persons affected have been participating in
collegiate bodies, officially instituted working groups and committees. In countries such as
Brazil, India and Japan, the existence of and action plans for protecting vulnerable groups,
such as inclusion of persons with disabilities, elimination of violence against women and
protection of the rights of children and older persons, may benefit persons affected by
leprosy and their family members. However, it is necessary to pinpoint affected persons as
the main target group of such policies and to monitor their impact and results. The work of
some civil society groups deserves to be equally highlighted, including the work of
MORHAN in Brazil and the Leprosy Mission and the Leprosy Society in India, in
promoting and supporting affected women to take on leadership positions in their
organizations and also in forums for institutional participation.
VI. Conclusion and recommendations
71.
Recommendations for implementing the policy framework presented in the
present report are already integrated into the four main areas of the aforementioned
policy. The Special Rapporteur calls attention to basic operational principles for the
implementation of a rights-based policy for eliminating discrimination and promoting
inclusion of persons affected by leprosy and their family members comprising the
following tenets:
(a)
Due recognition of persons affected by leprosy and their family members
as rights holders;
(b)
Substantive equality and inclusive governance as core paradigms of antidiscrimination policies;
(c)
schemes;
Adjustment or creation of adequate institutional arrangements and
(d)
Meaningful participation of the target group, recognized as lay experts,
in policymaking, monitoring and evaluation;
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