A/75/329 water, housing, work, education, human dignity, life, non-discrimination, equality, privacy, and access to information, and the freedoms of association, assembly and movement, and the prohibition against torture, all address integral components of the right to health. 56 86. Along with formal discrimination, the International Covenant on Economic, Social and Cultural Rights requires States to eliminate substantive discrimination. As the Committee on Economic, Social and Cultural Rights explains, “eliminating discrimination in practice requires paying sufficient attention to groups of individuals which suffer historical or persistent prejudice instead of merely comparing the formal treatment of individuals in similar situations. States parties must therefore immediately adopt the necessary measures to prevent, diminish and eliminate th e conditions and attitudes which cause or perpetuate substantive or de facto discrimination.” 57 87. In their measures to protect the life and health of all individuals within their territory and subject to their jurisdiction, States may use exceptional emergency powers that result in restricting the enjoyment of individual rights. International human rights law allows States to derogate from their treaty obligations under certain limited circumstances. However, as the Human Rights Committee has stressed, while States may temporarily invoke emergency powers to contain the spread of COVID-19, they must ensure that all measures are strictly necessary and proportional in nature, and consistent with other international obligations. 58 Above all, under the International Covenant on Civil and Political Rights, “States may not resort to emergency powers or implement derogating measures in a manner that is discriminatory, or that violates other obligations … including under other international human rights treaties from which no derogation is allowed.” 59 “Nor can States parties tolerate, even in situations of emergency, the advocacy of national, racial or religious hatred that would constitute incitement to discrimination, hostility or violence, and they must take steps to ensure that public discourse in connection with the COVID-19 pandemic does not constitute advocacy or incitement against specific marginalized or vulnerable groups, including minorities and foreign nationals.” 60 88. Similarly, the Committee on Economic, Social and Cultural Rights has emphasized that where COVID-19-related emergency measures limit rights under the International Covenant on Economic, Social and Cultural Rights, such measures should comply with the conditions set out in article 4 of the Covenant on derogations. Such measures also must be necessary to combat the public health crisis posed by COVID-19, and be reasonable and proportionate. Emergency measures and powers adopted by States parties to deal with the pandemic should not be abused, and should be lifted as soon as they are no longer necessary for protecting public health. 61 V. Recommendations 89. The Special Rapporteur recommends that States condemn acts of antisemitism and other forms of racism and xenophobia in their responses to COVID-19. Political leaders and parties should be proactive in shifting __________________ 56 57 58 59 60 61 20/23 Ibid., para. 3. See the Committee’s general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights, para. 8 (b). CCPR/C/128/2, para. 2. Ibid., para. 2 (d). Ibid., para. 2 (e). E/C.12/2020/1, para. 11. 20-11206