A/76/257
44. The COVID-19 multidimensional crisis has challenged the whole spectrum of
human rights, including economic, social and cultural as well as civil and political
rights. Public health emergencies, the closing of borders, lockdowns and other
restrictive measures, as well as the socioeconomic dimension of the crisis, with
massive layoffs and unsafe working conditions, and racism and xenophobia have had
a deep impact on migrants’ lives, exacerbated pre-existing vulnerabilities, in
particular of those who are undocumented or in an irregular situation. Some of their
human rights have been particularly affected, including, inter alia, the right to liberty
of movement, liberty and security of person, the right to health and equitable access
to health services, the right to work and just and favourable conditions of work, and
the right to an adequate standard of living and freedom from discrimination.
A.
Emergency powers
45. The protection of human rights is particularly significant during times of crisis
and public emergency. The COVID-19 pandemic has required many countries to take
extraordinary legal measures aimed at addressing the pandemic and preventing its
further spread. Measures adopted have included declarations of states of emergency
as provided by their constitutions and have led to strict limitations on the exercise of
fundamental rights and in some cases to exceptional powers granted to security forces. 32
46. In the context of the COVID-19 emergency, States have imposed restrictions,
including partial ones, on specific human rights and with different intensity. These
have included, inter alia, the right to liberty, freedom of movement, privacy and
protection of personal data, freedom of expression, assembly and association, and the
right to work and education.
47. The United Nations, as well as regional organizations such as the Council of
Europe and human rights bodies such as the Inter-American Commission on Human
Rights and the African Commission on Human and Peoples’ Rights, have expressed
concern about the impact of such emergency measures on human rights and have
called on States to comply with international obligations. 33
48. The Human Rights Committee acknowledged that, in the face of the COVID-19
pandemic, States should take effective measures to protect the right to life and health
of all individuals within their territory and those under their jurisdiction, and that such
measures might result in restrictions on the enjoyment of individual rights
(CCPR/C/128/2). At the same time, the Committee gave a reminder that article 4 of
the International Covenant on Civil and Political Rights acknowledges the possibil ity
of States to derogate from their obligations under the Covenant in time of public
emergency with threatens the life of the nation.
49. In such situations, the state of emergency needs to be proclaimed, derogation
measures must be strictly necessary and proportional in relation to the exigencies of
the situation (in particular in relation to its duration, geographical coverage and
material scope), non-derogable rights must be respected, and the measures need to be
in conformity with other international obligations, including the principles of
non-discrimination, non-refoulement and the prohibition of collective expulsions. 34
In total, 10 United Nations treaty bodies reminded States in the context of COVID -19
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32
33
34
10/22
More than 35 countries have relied on armed forces to enforce rules, which has not been without
casualties. See COVID-19 Civic Freedom Tracker, available at www.icnl.org/covid19tracker/.
See www.coe.int/en/web/congress/covid-19-toolkits; www.oas.org/en/iachr/media_center/
PReleases/2020/076.asp; and www.achpr.org/pressrelease/detail?id=483.
Human Rights Committee, general comment No. 29 (2001) on derogations from provisions of the
Covenant during a state of emergency (art. 4).
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