CRPD/C/18/D/22/2014
as civil proceedings or additional proceedings before the High Court under the Basic Rights
and Duties Enforcement Act.
7.5
The Committee considers that, in the circumstances of the present case, a civil claim
and an award of compensation, by itself, would not be an effective remedy. In the light of
the foregoing, the Committee concludes that the remedies referred to by the State party
would not have been effective. Accordingly, it is not precluded, under article 2 (d) of the
Optional Protocol from considering the author’s complaint.
7.6
Moreover, the Committee recalls that article 1 of the Convention states that persons
with disabilities include, but are not limited to, those who have long-term physical, mental,
intellectual or sensory impairments which, in interaction with various barriers, may hinder
their full and effective participation in society on an equal basis with others. The
Committee also recalls the description by the Independent Expert on the enjoyment of
human rights by persons with albinism that 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. The most common
and visible type is oculocutaneous albinism, which affects the skin, hair and eyes. 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 lifethreatening condition for most persons with albinism. 26 The Committee notes that a human
rights-based model of disability requires that the diversity of persons with disabilities (see
Convention, preamble, para. (i)) and the interaction between persons with impairments and
attitudinal and environmental barriers (ibid., preamble, para. (e)) be taken into account.27 In
view thereof and noting that the State party does not question the competence ratione
materiae of the Committee to address the author’s complaint, the Committee considers it
necessary to clarify that albinism falls within the definition of disability as enshrined in
article 1 of the Convention.
7.7
There being no other obstacles to admissibility, the Committee finds the
communication admissible and proceeds with its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the present communication in the light of all the
information that it has received, in accordance with article 5 of the Optional Protocol and
rule 73 (1) of its rules of procedure. Since the State party has not submitted any
observations on the merits of the communication, due weight must be given to the authors’
claims insofar as they have been substantiated.28
8.2
As regards the author’s complaint under article 5 of the Convention, the Committee
notes his argument that he has been discriminated against on the basis of his disability,
because the kind of violence that he has suffered is a generalized practice in the State party
that only affects people with albinism. The Committee also notes the author’s submission
that he has also been a victim of disability-based discrimination owing to the impunity of
the violent acts that he has suffered, which remains to date. In that connection, the author
submits that impunity characterizes most cases of violence perpetrated against persons with
albinism, as the State party’s authorities consider that such violence is linked to witchcraft,
which is a generally accepted cultural practice with regard to which a lot of prejudice still
prevails in society. The Committee finally notes that the State party’s authorities have not
taken the necessary measures to ensure an effective, complete and impartial investigation
and prosecution of the perpetrators and that no preventive or protective measures have been
implemented with regard to violence against persons with albinism.
26
27
28
8
See A/HRC/34/59, paras. 15-16.
See Committee on the Rights of Persons with Disabilities, communication No. 10/2013, S.C. v.
Brazil, decision adopted on 2 October 2014, para. 6.3.
See Yrusta and del Valle Yrusta. v. Argentina, para. 10.1