Good Practice

The National Leprosy and Tuberculosis Control programme, a unit of the Federal Ministry of Health, used the UN Principles and Guidelines as one of its background documents in drafting its current strategic plan thus ensuring that adequate safeguards are provided for persons affected by leprosy and their family members against discrimination.

The National Commission for Human Rights participated in the review of laws tabled in the Parliament to ensure that no law is passed that violates the human rights of citizens, including persons affected by leprosy and their family members.

People affected by leprosy join associations to defend their rights as people with disabilities and get involved in inclusion processes.

The National Action plan developed by the Ministry of Health for the years 2014 – 2016 has activities targeting the awareness raising on issues of discrimination as well as workshops on stigma for community members and health workers.

Several services are provided by various Ministries, such as annual conferences, symposia, annual awareness raising activities, counselling services and investigations of suspected human rights violations.

People affected by leprosy are empowered by DAHW to start their social inclusion process and eliminate stigmatisation.

Leprosy Compensation Law: Law to compensate interned persons in the leprosia, 2001.

Law 11.520 provides financial support and compensation for persons affected by leprosy in leprosy colonies (2007). This includes lifetime public pension and access to quality leprosy services at all levels.

Economic support for those affected by leprosy with disabilities is increased to a legal minimum wage.

State laws (Constitution laws) Act 12, states that all people are equal no matter someone’s condition.

The Annual Report of the Government’s Anti Leprosy Campaign for 2014 mentions – ‘To fight all forms of stigma associated with Leprosy’ as one of their specific objectives.

The vision of the ‘National leprosy strategic plan 2015-2020’ is ‘No disability, no discrimination, self-reliance’. One of the strategies is to promote the public awareness about leprosy, and stigma and discrimination against persons affected by leprosy and their family members.

Financial assistance is provided for people affected by leprosy who do not own any assets.

Persons with Disability Act No 9 / 2010, make provisions for the health care, social support, accessibility, rehabilitation, education and vocational training, communication, employment or work protection and promotion of basic rights for the persons with disabilities and to provide for related matters

National Strategy on Inclusive Education. 2009 – 2017 reinforced and consolidated so as to provide access to quality education to all children with an emphasis on children with disabilities.

In 2011, the national leprosy control programme decided to include people affected by leprosy in Inclusive Self Care Groups for prevention and care of disabilities.

Government passed a law “Decreto do Deficiente Fisico” and is passing a law for protection of people with disability and stopping stigma and discrimination.

The government has issued guidelines on implementation of National Leprosy Control Program to ensure persons affected by leprosy enjoy equal rights with others regarding e.g. the right to work and education, establishing a family and public transport. However, it is reported that government officers and organizations do not practise the policies and legal document in reality.

The Act includes a provision of free legal aid to persons with disabilities, so any leprosy cured person who fits within the mandate of the disability law would fall within this positive provision

Partners in Nepal succesfully lobbied against the discriminatory “Anti-Marriage Law” that would have allowed the spouse of a person affected by leprosy to claim for a divorce (on basis of leprosy).

National disability mainstreaming strategy 2010-2015 (NDMS), Oct 2010

Patient associations organise the National Federation of People Affected by Leprosy seeking representation at the national level.

Law of the Child Act no 21/2009 promotes protect and maintain the welfare of a child (including children with disabilities) with a view to giving effect to international and regional conventions on the rights of the child; to provide for affiliation, foster care, adoption and custody of the child; to further regulate employment and apprenticeship; to make provisions with respect to a child in conflict with law and to provide for related matters.

Eliminate racism and all forms of discrimination and consolidate public policies for the protection and prevention of racism and all forms of discrimination. Includes those affected by leprosy and other diseases.

A Law Commission report in 2015 proposed composite legislation entitled “Eliminating Discrimination Against Persons Affected by Leprosy” (EDPAL) to eliminate discriminatory laws and implement anti-stigma provisions. Although some laws were repealed or amended, more than 100 remain on the statute books. The report is under review by the government.

Re-enactment of legislation, in line with Bangladesh’s CRPD obligations, to ensure establishment and protection of the rights of persons with disabilities. It also provides for the establishment of national and local committees to formulate and implement policies and guidelines to ensure the rights, dignity and welfare of persons with disabilities. In addition to general prohibition of discrimination there are specific provisions about access to identity cards, public transport, education and public services.

New law ‘Nº 01/2007 DU 20/01/2007’ to provide social protection to all disabled people (including leprosy-affected).

National strategy for Growth and Poverty reduction (II (2010) – advocates for interventions to prevent unacceptable levels of socioeconomic insecurity and deprivation, underscoring the fact that the developmental role that social protection can play is to grapple with poverty traps, reduce household insecurity and encourage investments in poverty -reducing assets (physical, human, social and financial).

Introduced by a Member of Parliament in the Rajya Sabha (Upper House) in 2017. It is now to be listed for discussion for consideration to be made into a law in the Parliament. It is on the lines of the EDPAL report (No. 256) looking into the discriminatory provisions in various laws and the affirmative actions needed for people affected by leprosy for their integration, inclusion and participation.

Legislation in line with India’s CRPD obligations to ensure that persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. Classifications include ‘leprosy cured’, persons who have completed leprosy treatment but have loss of sensation or physical disability resulting from leprosy.

MORHAN, an organisation of persons affected by Hansen’s Disease (leprosy), often has a seat at the National Health Council and also participates actively in the national/state/municipal health conferences.

The Act on the Promotion of Resolution of Hansen’s Disease Issues 2009, provides that governments shall take all necessary measures to reflect the opinions of persons affected by leprosy and other relevant persons in the formulation and implementation of measures concerning people affected by leprosy. This covers women, children, older persons and other vulnerable groups.