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Witchcraft and the human rights of persons with albinism 2017, para. 17
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- 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. 47
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- Attacks against persons with albinism for the purpose of obtaining and using body parts in muti or juju as well as accusations of witchcraft match these criteria for harmful practices. In the publication on harmful practices issued by her Office, the Special Representative of the Secretary-General on Violence against Children, quoting the UNICEF study, reported that "discrimination, violence and harmful practices against children with albinism have reached alarming proportions". She added that there were no cultural or religions justifications for such practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 23
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- From the sociological and anthropological perspectives, the following definition for witchcraft has been proposed by Marc Augé: witchcraft is "a set of beliefs, structured and shared by a given population that addresses the origin of misfortune, illness and death, and the set of practices for detection, treatment and punishment that corresponds to these beliefs". Often, the diagnostic aspect of witchcraft often pinpoints an individual person as the source of the misfortune within the family, place of employment or community.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 19
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- The phenomena have many connotations and are subject to many interpretations, such that objective definitions are unsatisfactory; "[the] real meaning derives from relationships, shared experiences and individual feelings". Consequently the "meanings … are so varied because the concept is so versatile".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 64
- Paragraph text
- In 2016, the Independent Expert, in collaboration with regional human rights mechanisms, launched a process towards the development of a regional action plan to address attacks against persons with albinism in sub-Saharan Africa. The action plan seeks to identify concrete measures for implementing recommendations made by various human rights and other bodies and to translate them into a concrete road map for action with time-bound measures.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 13
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- In her report to the General Assembly (A/71/255), in which she provided a preliminary overview of the root causes of attacks and discrimination against persons with albinism, the Independent Expert showed how interrelated factors, including the mythologization of albinism and a related lack of understanding of the scientific bases of the condition, poverty, witchcraft practices and other aggravating factors all contributed to ongoing outbreaks of attacks and discrimination against persons with albinism. In the present report, the Independent Expert refers to "witchcraft" as "phenomena", to reflect the plurality of concepts, terms, practices and beliefs encompassed by the term.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 16
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- 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. 62
- Paragraph text
- Similarly, on 24 November 2015, Mozambique adopted an action plan to respond to attacks, with concrete, time-bound measures. The action plan is based on a preliminary socio-anthropological study on albinism conducted by the Institute of Social-Cultural Research. The main areas of the action plan are promoting education on albinism, public education and awareness-raising on the issue among families and communities; guaranteeing protection and social assistance to persons with albinism; ensuring prevention of attacks, legal assistance and procedural celerity; sharing and publication of judicial decisions as a means of deterrence; and conducting further research to improve measures identified in the plan and to support evidence-based policymaking.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 88
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- The project illustrated the value of such campaigns and associated post-project evaluation not only for the dissemination of information and changing of attitudes and behaviour but also to gather data, as they revealed instructive patterns in the targeted communities. For example, the belief that body parts of a person with albinism have magical powers was found among respondents adhering to various religious groups: Christians, Muslims and traditional believers. In the context of the survey, the latter group had the highest number of believers in that myth. This type of information is helpful for understanding the character of the problem and grounding solutions such as working with all religious leaders. It also identifies areas where increased public education efforts or more targeted projects might be warranted. The evaluation found that youth and women were more likely to have misconceived notions about albinism than men. This suggests that the project did not reach women and youth to the same extent as it did men and that it is necessary to plan and implement further interventions that target these groups in particular.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Men
- Women
- Youth
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 40
- Paragraph text
- Similarly, the Special Rapporteur on freedom of religion or belief stated in the report of his mission to Sierra Leone (A/HRC/25/58/Add.1) that freedom of religion or belief, while allowing for legally defined limitations to protect the rights and freedoms of others, must be broadly understood. Witchcraft-related beliefs, whether in their ancient or modern form, are protected under the freedom of belief, as are actions related to such beliefs, as long as they do not violate the rights of others. However, he also stressed that "the serious harm inflicted on persons accused of witchcraft can never be justified", and that "if someone were to invoke the right to freedom of religion or belief in order to support harmful practices, such as the persecution and punishment of alleged witches, this would be a clear case for limiting the application of freedom of religion or belief". The same reasoning applies to other harmful practices, including attacks against persons with albinism: harmful practices can never be justified.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 76
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- 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. 89
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- The Independent Expert recommends the implementation of similar projects in all countries affected by any or all of the phenomena of attacks, discrimination and stigma against persons with albinism. Such projects should not be interrupted and last for a minimum of two years. Content should be accessible, including through the use of vernacular languages. Social media, mobile phone technology, community radio, rural cinema and television programmes have also proven to be particularly useful for awareness-raising. Creative awareness-raising methodologies and new ways of presenting information, including through community theatre and celebrity ambassadors, have also been successful.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46a
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- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 50
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- 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
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- 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. 99a
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- [The Independent Expert recommends that the international community:] Advocate for victims of witchcraft practice, including persons with albinism, by including the phenomena in all discussions and reports on harmful practices;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46c
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- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46d
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- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They are imposed on women and children by family members, community members or society at large, regardless of whether the victim provides, or is able to provide, full, free and informed consent.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 48
- Paragraph text
- In addition, the Special Rapporteur on freedom of religion or belief has stated that persecution and punishment of alleged witches would be a clear case for limiting the application of freedom of religion or belief, in accordance with the criteria under article 18 of the International Covenant on Civil and Political Rights (see A/HRC/25/58/Add.1, paragraph 42).
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 98b
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- [The Independent Expert recommends that Governments, together with civil society and academia:] Develop and implement long-lasting awareness-raising campaigns, as they are critical to addressing harmful practices and rampant myths affecting the enjoyment of human rights by persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 84
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- 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
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- 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. 99b (ii)
- Paragraph text
- [The Independent Expert recommends that the international community:] Continue to work to: Advance the discourse on witchcraft to improve understanding on the phenomena, both generally and in the context of harmful practices, to ultimately ensure the enjoyment of human rights by all victims, including persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- 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. 86
- Paragraph text
- Similarly, research on the root causes of attacks, including witchcraft, is necessary to refine prevention and protection measures. As specific witchcraft-related beliefs and practices tend to arise from specific contexts, supported by different concepts and described by a diversity of terms, research has to be undertaken with particular attention to the specific sociocultural context.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 45
- Paragraph text
- In joint general recommendation No. 31/general comment No. 18, the Committee on the Elimination of Discrimination against Women and the Committee on the Rights of the Child have provided guidance on what constitutes harmful practices, which are defined as "persistent practices and forms of behaviour that are grounded in discrimination on the basis of, among other things, sex, gender and age, in addition to multiple and/or intersecting forms of discrimination that often involve violence and cause physical and/or psychological harm or suffering".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Children
- Women
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 65
- Paragraph text
- The Independent Expert emphasizes the need to incorporate in the plan, as in all initiatives on the issue, a dual or twin-track approach. This includes, on the one hand, an emergency and priority response in the area of protection against and prevention of attacks and, on the other hand, the adoption of long-term policies to fight discrimination; address rampant myths, dangerous misconceptions, stigma and witchcraft practices affecting persons with albinism; and ensure full enjoyment by those persons of their socioeconomic rights, among others.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- 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. 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
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