A/HRC/38/42
the already recognized rights, such as access to the highest attainable standard of health,
education and justice. Access to the enjoyment of rights depends on extra-institutional
factors, such as educational level, inclusion or exclusion from the formal labour market,
gender inequalities and racial discrimination. Given the generalized vulnerability of persons
affected by leprosy, the gap between written law and the practice of law is severely
exacerbated.
52.
Laws that discriminate against persons affected by leprosy still exist in many parts
of the world. These laws disregard and disrespect international human rights standards, in
particular the principle of non-discrimination as stipulated in the Universal Declaration of
Human Rights, the International Covenants and subsequent human rights instruments.
53.
In 2016, nine countries reported to WHO the existence of discriminatory laws
against persons affected by leprosy. 43 A survey conducted by the International Federation of
Anti-Leprosy Associations identified more than 20 countries with discriminatory laws,
covering segregation, immigration, marriage, voting, public transportation, employment
and housing, and violating civic, political, economic, social and cultural rights. According
to the survey, 50 per cent of those laws identified as discriminatory are still active and/or
with an unknown status and only 8 per cent are under review. Some 52 per cent of those
laws were found in the Asian region, followed by 8 per cent in Europe and North America,
7 per cent in Africa and 2 per cent in Oceania. Such laws concern: segregation and
separation (29 per cent); immigration (16 per cent); marriage and divorce (10 per cent);
employment and voting (6 per cent); public transportation (5 per cent); and residence (2 per
cent). Many of these laws date back to the late nineteenth century and early twentieth
century, but some are as recent as the late twentieth century and first decade of the twentyfirst century.44
54.
The drafting group in its progress report submitted to the Advisory Committee on
the implementation of the principles and guidelines on the elimination of discrimination
against persons affected by leprosy and their family members 45 also made an effort to map
discriminatory laws and practices in order to assess the implementation of the principles
and guidelines in different countries. The report is, however, built upon a major gap
regarding information from endemic countries, since the majority of the responses were
from States in which leprosy was not a major issue. The drafting group acknowledges that
discriminatory laws and policies still exist in many countries, depriving persons affected by
leprosy from fundamental civil and political rights. It also argues in favour of a more
thorough review of the aforementioned laws and policies in order to make positive changes.
It goes on to say that such problems are probably not restricted to leprosy-endemic
countries, but might also be found in countries in which leprosy was considered a disease of
the past. The drafting group identifies discriminatory practices that hinder the enjoyment of
the economic, social and cultural rights of persons affected by leprosy, such as divorce on
the grounds of leprosy with a strong gender bias or denial of access to school and education
to children affected by leprosy, among others. Finally, the drafting group determines that
national plans to implement the principles and guidelines are still to be developed; the
current level of implementation remains unsatisfactory.
55.
In addition to law, jurisprudence and public policies, discrimination is also a reality
in the administration of certain States, particularly in health services, education and State
benefits, reaching extra-institutional settings, such as the workplace, marriage and
community and family life. Discrimination against persons affected by leprosy is so
pervasive that it even materializes in exclusionary interpersonal relations that impose the
separation of food, spaces and household and work-related objects, and that exclude
touching persons affected by leprosy, which is one of the most basic human senses
employed in socialization and mutual acknowledgment. This multilayered discrimination
43
44
45
WHO, Weekly Epidemiological Record.
See https://www.ilepfederation.org/wp-content/uploads/2017/03/Table-discriminatory-laws2March2017.pdf.
Available from www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/Leprosy.aspx.
11
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents