Human Rights Council

Forty-fourth session

15 June 2020–3 July 2020

Agenda item 3

Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Report of the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members on her visit to Brazil

Comments by the State *

Introduction

1.The Brazilian government thanks the Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members, Ms. Alice Cruz, and has the honor to provide the following comments to the draft report of her visit to Brazil from 7 to 14 May 2019:

Comments on paragraph 27 of the report of the Special Rapporteur

2.Regarding paragraph 27 of the report, on the Presidential Decree n. 9.759/2019 of 11 April 2019 that regulates the federal councils, the Ministry of Women, Family and Human Rights (hereby MMFDH) observes that the councils established by law were maintained, notably those under the MMFDH, as well as other collegiate bodies, such as the National Council for the Rights of Persons with Disabilities.

Comments on paragraph 61 of the report of the Special Rapporteur

3.In relation to paragraph 61, the MMFDH’s National Secretariat for Persons with Disabilities (hereby SNDPD/MMFDH) informs that last year the Biopsychosocial Assessment Instrument for Persons with Disabilities was validated. It will enable the unified and homogeneous assessment on disabilities that is required to grant access to various public policies, considering the individual in its entirety and identifying the restrictions he/she suffers in different domains of his/her daily life. In addition, the aforementioned instrument recognizes the role of social and physical barriers faced by persons with disabilities in order to assess their situation. Through the unified evaluation approach, access to various benefits, services and public policies will be granted, which will eventually include persons affected by leprosy who live with impairments that caused a disability or that resulted in reduced functionality.

Comments on paragraph 79 of the report of the Special Rapporteur

4.With regard to paragraph 79, item (d), which provides recommendations by the Special Rapporteur for the State to guarantee the allocation of public resources for research on leprosy, in addition to supporting anti-discrimination and protection policies for persons affected by leprosy, among other recommendations, the SNDPD/MMFDH informs that it has been making efforts to regulate Article 92 of the Brazilian Inclusion Law (Law 13146/2015). The Article provides for the creation of a National Register for the Inclusion of Persons with Disabilities, the so-called “Inclusion-Databank”, which will collect, process, systematize and disseminate georeferenced information that enables the identification and socioeconomic profiling of persons with disabilities, including persons affected by leprosy who have a disability.

Comments on paragraph 81 of the report of the Special Rapporteur

5.Regarding paragraph 81, item (a), in which the Special Rapporteur recommends international cooperation practices in order to register best practices in combating discrimination and ensuring the inclusion of people affected by leprosy and their families, the SNDPD/MMFDH informs that it has hired a consultancy, in cooperation with an international organization, with the objective of obtaining further information on the intersections of stigma and discrimination faced by those affected by leprosy and the human rights and disability agendas. In addition, the work carried out by the consultancy aims at collecting data and information in order to elaborate a comparative study on leprosy data in Brazil and in other countries which have high rates of people affected by leprosy. At the end of the consultancy, it is expected that the results of the work will improve and guide the actions to be undertaken by the SNDPD/MMFDH to support the formulation of public human rights policies directed at persons affected by leprosy who also live with disabilities.