A/HRC/41/47
children of persons affected by leprosy who were forcibly separated from their parents in
the latter.
80.
The majority of the responses reported the absence of discriminatory laws in place,
which also reflects the fact that most Government’s responses came from health
programmes that are seldom acquainted with such legal frames. Notwithstanding, reference
was made to the maintenance in some countries of obsolete laws (with a particular
emphasis on the more than 100 discriminatory laws in place in India) that severely
constrain the rights of persons affected by leprosy, sustaining stigmatization and impairing
their access to justice. Some responses mentioned recent progress in abolishing a number –
albeit small – of the overall discriminatory laws in place worldwide, in particular in
Bangladesh and India.
81.
By the same token, the majority of the responses pointed to the absence of a specific
plan of action for amending or abolishing discriminatory laws, norms and practices against
persons affected by leprosy and their family members. Some countries, such as Argentina,
Bolivia, Brazil, Ecuador, Paraguay and the Philippines, were referred to as undertaking
efforts to eliminate general discrimination against persons living in vulnerable conditions.
Examples go from general actions (such as anti-discriminatory laws, creation of
institutional bodies and national plans dedicated to anti-discrimination policies) to leprosyspecific ones (educational materials and campaigns).
2.
Challenges in enforcing substantive equality
82.
When asked to describe the steps taken by States to ensure autonomous and
comprehensive access to the highest attainable standard of health, the majority of the
responses mentioned recognition in the national constitution of the aforementioned right.
Specific measures adopted in relation to the treatment of leprosy (such as delivering of
multidrug therapy, monitoring systems, strategies for ensuring timely diagnosis, awarenessraising activities and implementation of the WHO technical standards) are reported from
Argentina, Brazil, Bolivia, Côte d’Ivoire, Ecuador, Guatemala, Japan, Montenegro,
Paraguay, Peru and the Philippines.
83.
Responses from civil society organizations allow for identifying the following
barriers in the access to the highest attainable standard of health: (a) lack of complementary
health services after bacteriological cure; (b) lack of personal income among persons
affected by leprosy; (c) lack of health workers, including health workers properly trained in
leprosy and leprosy-related health complications; (d) lack of a consistent supply of
multidrug therapy in peripheral health settings; and (e) lack of health education-awareness
strategies addressing how to identify the signs and symptoms of leprosy, which can
facilitate early diagnosis.
84.
With regard to the fulfilment of the right to education, the majority of the responses
from States referred to general provisions on the right to education and on the principles of
equality and non-discrimination in national constitutions. General laws for ensuring the
right to education to children in general, and to children with disabilities in particular, were
also mentioned. There was no mention of specific measures for ensuring access to
education to persons and children affected by leprosy, as well as to provide the former with
training opportunities, skills development, accessibility and reasonable accommodation.
85.
When asked about the access of persons affected by leprosy to the right to dignified
work and economic independence, civil society organization identified the following
barriers: unemployment; underemployment; unreliable casual labour; job insecurity; lack of
access to job opportunities; unequal pay; and insufficiency of the pensions provided by
some States. Some examples of the steps taken by States to overcome the aforementioned
barriers were also provided, as follows: training opportunities; disability laws that
determine a percentage of jobs reserved for persons with disabilities in India; and lifelong
pensions, provided by law 11.520, to persons affected by leprosy who were forcibly
segregated in Brazil.
86.
When asked to describe the steps taken by States to ensure civil rights with respect
to family life, marriage, community and public life, as well as participation in decisionmaking processes that impact the lives of persons affected and their family members, a
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