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resource allocation should prioritize the special needs of the most marginalized
groups, 42 such as undocumented migrants and those in an irregular situation.
54. Grounded in international human rights law, the 2030 Agenda fo r Sustainable
Development offers critical opportunities to further advance the realization of human
rights for all people everywhere, without discrimination. Under target 3.8 of the
Sustainable Development Goals, Member States are committed to “achieve uni versal
health coverage, including financial risk protection, access to quality essential health care services and access to safe, effective, quality and affordable essential medicines
and vaccines for all”.
C.
Equitable access to COVID-19 vaccines
55. The right to health includes the obligation to provide immunization against
major infectious diseases as a means to prevent, treat and control epidemic and other
diseases, without discrimination of any kind. 43 In order to comply with such principle,
an equitable access to vaccines is required. The World Health Organization (WHO)
indicates that the allocation and prioritization of COVID -19 vaccination should take
into consideration the vulnerabilities, risks and needs of groups that are at risk of
experiencing greater burdens from the COVID-19 pandemic, including low-income
migrant workers, asylum seekers, and vulnerable migrants in irregular situations. 44
56. The Special Rapporteur is concerned that too many migrants are still struggling
to access vaccines, and together with the Committee on Migrant Workers and regional
independent experts, he has urged States to provide equitable access to COVID -19
vaccination to all migrants regardless of nationality, migration status or other
prohibited ground of discrimination. 45
D.
Firewall protections and data protection
57. In order to ensure that migrants, in particular those undocumented or in an
irregular situation, can effectively enjoy the right to health in the context of the
pandemic, effective firewalls between immigration enforcement and the provision of
essential services should be enacted. The absence of such firewalls and data
protection protocols may raise concern and fear of reporting, detention, deportation
and other penalties as result of their migration status among migrants in irregular
situations. Such deterrence from seeking health care and COVID -19 vaccination can
have dire consequences for their own health, as well as for community life and public
health at large. 46
58. The Special Rapporteur has repeatedly emphasized the importance of enacting
“firewalls” between immigration enforcement and public services, so that all
migrants, irrespective of their migration status, can have access to essential services
__________________
42
43
44
45
46
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Committee on Economic, Social and Cultural Rights, general comment No. 14 (art. 12).
Ibid.
See “WHO SAGE values framework for the allocation and prioritization of COVID -19
vaccination”, available from https://apps.who.int/iris/handle/10665/334299; and “WHO SAGE
roadmap for prioritizing uses of Covid-19 vaccines in the context of limited supply”, available
from www.who.int/publications/i/item/who-sage-roadmap-for-prioritizing-uses-of-covid-19vaccines-in-the-context-of-limited-supply.
See www.ohchr.org/Documents/Issues/Migration/JointGuidanceNoteCOVID -19-Vaccines-forMigrants.pdf; see also Security Council resolution 2565 (2021), para. 9.
See www.medact.org/wp-content/uploads/2020/06/Patients-Not-Passports-Migrants-Access-toHealthcare-During-the-Coronavirus-Crisis.pdf; and www.compas.ox.ac.uk/project/city-initiativeon-irregular-migrants-in-europe-c-mise/.
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