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Witchcraft and the human rights of persons with albinism 2017, para. 17
- Paragraph text
- In the international human rights framework, persons with albinism have normative protection in the International Bill of Rights covering all their fundamental human rights, including the rights to life, physical integrity, liberty, security, the highest attainable standard of physical and mental health and an adequate standard of living. Further protection can be found in specific instruments, including the Convention on the Rights of Persons with Disabilities and the International Convention on the Elimination of All Forms of Racial Discrimination, which proscribes "racial discrimination" based on colour.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 73
- Paragraph text
- WHO, in its study on the legal status of traditional medicine, details the status of traditional medicine in 123 countries around the world, showing the diverse approaches taken by States with respect to the practice. In sub-Saharan Africa, some States recognize traditional medicine as part of the national health system while others are silent on the issue. There are also variations between States in the level of regulation of traditional medicine practitioners. Some countries have established registers of practitioners, or exercise control by issuing government licences at the central level; in others, local officials are able to authorize the practice of traditional medicine in their administrative and/or health subdivisions. In certain countries, unlicensed practising of traditional medicine is a punishable offence. In other countries, including those with records of attacks, there is no licensing or registration process for practitioners of traditional medicine.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 80
- Paragraph text
- The Special Rapporteur on trafficking in persons, especially women and children, in her 2013 report to the General Assembly (A/68/256), stated that the difference between trafficking in organs and trafficking in persons for the removal of organs was largely semantic, given that organs were not moved or traded independently of their source, because the victim was moved or positioned in such a way as to make transplantation possible. However, the hypothesis regarding attacks against persons with albinism suggests a different context. Here the purpose is not the transplantation of a functional organ, but the collection of a body part for muti or juju. Although some cases of trafficking of persons with albinism have been reported, in the majority of the cases, the victims are attacked in their homes or while carrying out their ordinary activities, and their body parts hacked off their living or dead bodies at the place of the attack, or close by. In such cases, it cannot be considered that the victims are trafficked, yet their body parts are being harvested, transported and sold.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 16
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism, which affects the skin, hair and eyes. Within this type are subtypes that may reflect varying degrees of melanin deficiency in an individual. Lack of melanin in the eyes results in high sensitivity to bright light and significant vision impairment, with the level of severity varying from one person to another. This vision impairment often cannot be completely corrected. In addition, one of the most serious health implications of albinism is vulnerability to skin cancer, which remains a life-threatening condition for most persons with albinism. All human rights issues relating to albinism reported to date - attacks, mutilation and trafficking of body parts, among others - have been linked to its oculocutaneous form, which is also the most visible type of albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 55
- Paragraph text
- The present report does not question the necessity, complementarity or usefulness of traditional medicine. However, the broad definition of the concept has led to situations where the difference between witchcraft practitioners and traditional doctors is difficult to establish in practice. For example, the Independent Expert has seen advertisements in newspapers posted by "traditional healers" offering to make clients richer, cure incurable diseases, secure release from prison, and making other claims that are more suggestive of witchcraft than traditional medicine. In this context, the ideological affinity found between patients and traditional medicine could facilitate witchcraft as a harmful practice because witchcraft can have a diagnostic objective that could implicate innocent third parties - for example, persons known to and disliked by the patient - as the source of a patient's problem.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 82
- Paragraph text
- In the absence of specific legislation covering trafficking of body parts, some States have been confronted with a legal gap when they arrest persons for trafficking body parts of persons with albinism such as bones, hair and limbs. In response to this situation, in Malawi for example, the judiciary has made creative use of the Anatomy Act, which was not drafted with the horrendous crimes perpetrated against persons with albinism in mind. The Act, which was drafted for a medical context, carries relatively light penalties but was, until recent reforms, the only instrument available to prosecute cases of possession of body parts of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 33
- Paragraph text
- The Independent Expert has received reports that demand for body parts for the purpose of muti or juju has led to the existence of a black market, at the national, regional and international levels, for body parts of persons with albinism. While there is often evidence of trafficking and attempted trafficking of body parts, evidence of the market for the parts is more indicative than substantive at present. It is therefore important to conduct further investigative studies and research to map patterns of trafficking of body parts, including on the alleged markets or points of sale, and on the international networks that may be involved.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 75
- Paragraph text
- This does not mean that there is no role for the organizations of traditional healers in the process. On the contrary, their task is fundamental in complementing the actions taken by the State. For example, they could, in collaboration with the Government, develop internal rules of practice and clarify the impact of law and policy on the details of their practice. In this regard, good practices include cooperation among such organizations and between the organizations and the ministries of health, including through exchange of information and referrals.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 76
- Paragraph text
- In the public interest, it is also important that States ensure adequate standards for traditional medicine. There must be minimum requirements for all practitioners, regardless of whether they are affiliated with an organization. The standards must be in line with established human rights norms, without compromising the core principles of availability, accessibility, acceptability and quality of goods and services. The obligation on States also extends to ensuring that practitioners do not conduct harmful practices, including the use of body parts of persons with albinism for muti or juju.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 81
- Paragraph text
- In addition, it is not certain that body parts, such as limbs hacked off, seized and transported for the sake of muti or juju, would fall under the definition of "organ" in both international and national trafficking laws. Neither the Protocol nor other global instruments addressing trafficking for the removal and sale of organs, such as the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography or the WHO Guiding Principles on Human Organ Transplantation, defines "organ". However, a definition of "organ" is provided by a specific regional instrument on the issue, namely the Council of Europe Convention against Trafficking in Human Organs, which defines "human organ" as "a differentiated part of the human body formed by different tissues, that maintains its structure, vascularisation and capacity to develop physiological functions with a significant level of autonomy".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 50
- Paragraph text
- Article 24 of the United Nations Declaration on the Rights of Indigenous Peoples recognizes the right of indigenous peoples to their traditional medicines, to maintain their health practices and to access social and health services without discrimination.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 54
- Paragraph text
- Further, it is important to have standards in place to ensure that health care provided by traditional medicine practitioners is safe and reliable. These would include standards for the safety, efficacy and quality control of products and therapies, and regulations that ensure that practitioners have the qualifications they profess.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 77
- Paragraph text
- Attacks against persons with albinism are characterized by the hacking off of body parts. This appears to be the primary purpose of a majority of attacks. Body parts such as limbs are removed from the body and transported to alleged witchdoctors for the purpose of concocting muti or juju medicines and potions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 84
- Paragraph text
- To address the specificities of the use of body parts in muti and juju, it is fundamental to ensure that there is adequate legislation to prosecute the trafficking and sale of body parts, including in non-medical contexts and when they do not meet the requirements of the definition of "organs".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 15
- Paragraph text
- Albinism is a relatively rare, non-contagious, genetically inherited condition that affects people worldwide regardless of ethnicity or gender. It results from a significant deficit in the production of melanin and is characterized by the partial or complete absence of pigment in the skin, hair and eyes. Persons with albinism therefore often appear pale in comparison to members of their family and their communities. For a person to be affected by albinism, both parents must carry the gene, and in such cases there is a 25 per cent chance at each pregnancy that a child will be born with albinism. The frequency of albinism varies by region. In Europe and North America, the reported frequency is 1 in 17,000 to 1 in 20,000 births. The frequency in certain parts of the Pacific is reported to be 1 in 700. Among some indigenous peoples in South America, the reported frequency is 1 in 70 to 1 in 125. In sub-Saharan Africa, the reported frequency ranges from 1 in 5,000 to 1 in 15,000, with prevalence rates of 1 in 1,000 to 1 in 1,500 for selected populations. An important caveat is that some studies of the frequency of albinism often lack objectivity in their methodology or are incomplete, rendering estimates as best guesses in most instances.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Ethnic minorities
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97c
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Regulate the practice of traditional medicine, including through mechanisms such as a Government-led licensing and monitoring regime in both urban and rural areas, and establish adequate standards for traditional medicine;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97d
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Review and adapt legal frameworks as needed to ensure that they encompass all aspects of attacks against persons with albinism, including with regard to trafficking of body parts;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 41
- Paragraph text
- Article 18 of the International Covenant on Civil and Political Rights distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief. On the one hand, it does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one's choice. These freedoms are protected unconditionally. On the other hand, restrictions on the freedom to manifest religion or belief are permitted if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others. In joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, the committees recognize that harmful practices are deeply rooted and that there are often attempts to justify them by invoking sociocultural and religious customs and values. However, harmful practices can never be justified and must be eliminated, including by challenging sociocultural norms and attitudes that underlie them. In addition, States cannot justify any delay in taking action on any grounds, including cultural and religious grounds.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 85
- Paragraph text
- Information on albinism, particularly on attacks and trafficking of body parts, requires further clarification and, in some cases, verification. Statistics, including disaggregated data, are fundamental to improving and strategically enabling the implementation of policies and action plans.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 66
- Paragraph text
- Measures identified can be implemented by integrating them into existing, broader frameworks, including laws and policies to implement the rights of persons with disabilities, on access to health, on the rights of women and children, on access to justice services, on victim support services and to eliminate racial discrimination (including discrimination based on colour). Such measures should be extended to the family members of persons with albinism and, in particular, to mothers of children with albinism and women generally. At the same time, specific measures of protection and anti-discrimination for persons with albinism should also be carried out where possible, particularly in countries affected by attacks against persons with albinism and where neglect of this group has been historical and dire.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 49
- Paragraph text
- The right to the enjoyment of the highest attainable standard of physical and mental health was first articulated in the 1946 Constitution of the World Health Organization (WHO), whose preamble states that "the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition". Similarly, article 25 of the Universal Declaration of Human Rights mentions health as part of the right to an adequate standard of living. Article 12 of the International Covenant on Economic, Social and Cultural Rights provides the most comprehensive normative framework on the right to the highest attainable standard of health. The article has been interpreted as inclusive of specific entitlements, including the right to an adequate system of health protection, the right to prevention and treatment of illnesses, the right to access essential medicines, the provision of health-related education and information, as well as participation of those concerned in health-related decisions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 51
- Paragraph text
- In its global study on the legal status of traditional medicine and complementary/alternative medicine, WHO recognized both mainstream medical care (allopathic medicine) and complementary/alternative medicine, terms that were used interchangeably with "traditional medicine" in some countries. Given the broadness of the term "traditional medicine" and the wide range of practices it encompassed, traditional medicine was difficult to define with a finite list of objective criteria. However, WHO provided a helpful list of what might be included: a diversity of health practices, approaches, knowledge, and beliefs incorporating plant, animal and/or mineral-based medicines; spiritual therapies; manual techniques; and exercises, applied singly or in combination, to maintain well-being, as well as to treat, diagnose or prevent illness.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 52
- Paragraph text
- One third of the world's population and over half of the populations of the poorest parts of Asia and Africa do not have regular access to allopathic drugs, including essential medicines. In its global study, WHO reported that the most commonly reported reasons for using traditional medicine were that it was more affordable and accessible, less paternalistic than allopathic medicine and consequently often closer to the patient's ideology. During the visit of the Independent Expert to Mozambique, the very high number of traditional medicine practitioners registered with the main association of traditional healers suggested that resort to traditional medicine was popular.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 53
- Paragraph text
- WHO suggested that regardless of the reason why an individual used it, traditional medicine provided an important health-care service to persons without geographic or financial access to health care. The Special Rapporteur on the right of everyone to enjoyment of the highest attainable standard of physical and mental health, in his report to the Human Rights Council in 2008, echoed general comment No. 14, stating that "a health system is required to take into account traditional preventive care, healing practices and medicines" (see A/HRC/7/11, paragraph 44). In addition, he also stated, in his 2006 report to the General Assembly (A/61/338), in which he examined the right to health and maternal mortality, that all medicines had to be culturally acceptable and respectful of medical ethics. He suggested, for example, that national measures should support the proper use of traditional medicine and its integration into health-care systems, while clinical trials must obtain the informed consent of research subjects.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 71
- Paragraph text
- However, these efforts provide only limited control owing to several factors. First is the absence of a normative framework and legislative clarity on the difference between traditional medicine and witchcraft. This ambiguity is being abused by criminals posing as traditional healers, but also by genuine traditional healers who go beyond using herbs and animal body parts to using body parts of persons with albinism to attract a higher price for their services.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 79
- Paragraph text
- In 2008, the United Nations Global Initiative to Fight Human Trafficking convened a workshop on human trafficking for the removal of organs and body parts, at which it was stressed that the Protocol does not take trafficking in human organs into full consideration: it addresses trafficking in organs only for the purpose of organ removal. It does not cover the transfer of organs (for profit) alone, a situation that is analogous to the trafficking of body parts of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97e
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Ensure prompt investigation and prosecution of cases of attacks against persons with albinism as well as trafficking of body parts for muti or juju;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97f
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Ensure the systematic collection of disaggregated data on persons with albinism, including through birth and death registers, as well as on attacks against persons with albinism, trafficking in body parts and accusations of witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 99b (i)
- Paragraph text
- [The Independent Expert recommends that the international community:] Continue to work to: Clarify the international human rights framework that is particularly relevant to trafficking in body parts;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph