A/76/257 that “a state of emergency, or any other security measures, should be guided by human rights principles”. 35 50. The Human Rights Committee recalled specific situations of particular relevance to migrants in the context of COVID-19 pandemic, including the following: the need to respect the principles of non-refoulement and the prohibition of collective expulsions; the need to treat persons deprived of liberty with humanity and respect and the need to pay special attention to the adequacy of health conditions and health services in places of incarceration; the particular situation of vulnerability of migrant domestic workers due to the aggravated threat of domestic violence; the right to access to court and due process guarantees; and the prohibition of racial hatred. 36 51. The Special Rapporteur has called on States to ensure that emergency responses are guided by legitimate public health goals and are never used arbitrarily against particular groups, and to ensure that migrants, including those undocumented or in an irregular situation, are integrated into national COVID-19 prevention and response plans in line with a gender, age and diversity responsive approach. The Joint Guidance Note on the Impacts of the COVID-19 Pandemic on the Human Rights of Migrants, 37 issued by the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and Special Rapporteur on the human rights of migrants, provides specific guidance on emergency responses in the context of migration. B. Migrants’ right to health 52. International human rights law affirms the “right of everyone to the enjoyment of the highest attainable standard of physical and mental health” and requires States to take steps to ensure health services, goods and facilities to all without any discrimination. 38 However, health care for migrants, in particular those who are undocumented or in an irregular situation, often becomes inaccessible, unavailable, unaffordable or of unreliable quality, and even more so during the pandemic. Migrants do not only have limited access to equitable health services, but also to other rights that are strongly related and dependent upon for the realization of the right to health, such as the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, privacy, access to information and freedom of movement, among others. 53. Non-discrimination and equality are fundamental human rights principles and critical components of the right to health. 39 States are under the obligation to respect the right to health and should not deny or limit equal access for all persons – including undocumented migrants and migrants in an irregular situation – to preventive, curative and palliative health services, and they should abstain from discriminatory practices. 40 In fact, the minimum core obligations imposed by the International Covenant on Economic, Social and Cultural Rights should be prioritized by every State and also applied to all migrants. 41 In relation to COVID-19, the Committee on Economic, Social and Cultural Rights stated that, in responding to the pandemic, the inherent dignity of all people must be respected and protected; that States should mobilize resources to combat COVID-19 in the most equitable manner; and that __________________ 35 36 37 38 39 40 41 21-10577 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25742&LangID=E . Human Rights Committee, general comment No. 29 (art. 4). www.ohchr.org/Documents/Issues/Migration/CMWSPMJointGuidanceNoteCOVID-19Migrants.pdf. International Covenant on Economic, Social and Cultural Rights, art. 12. See www.ohchr.org/documents/publications/factsheet31.pdf. Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000) on the right to the highest attainable standard of health (art. 12). Committee on Economic, Social and Cultural Rights, general comment No. 3 (1993) on the nature of States parties’ obligations. 11/22