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States to allocate adequate financial, human and technical resources to improve
the quality of data collection systems, while guaranteeing the protection of
privacy and consultation with civil society in the process.
96. The Special Rapporteur urges States to ensure that COVID-19 emergency
response policies and practices are consistent with human rights standards.
Using multi-level, complementary and diverse methods, COVID-19 responses
should be crafted to address structural discrimination. In consultation with
affected individuals and communities, States should dedicate resources to bridge
digital divides and address structural discrimination and racial inequalities. The
Special Rapporteur reiterates the recommendation of the Durban Declaration
and Programme of Action that States develop and implement action plans to
combat racism, racial discrimination, xenophobia and related intolerance which
should include affirmative action in the areas of health, social services, housing
and employment. 63
97. As stated by the Committee on Economic, Social and Cultural Rights, the
pandemic and the measures taken to combat it have had a disproportionate
negative impact on the most marginalized groups. The Special Rapporteur
reaffirms the Committee’s recommendation to Member States that they must
“mobilize the necessary resources to combat COVID-19 in the most equitable
manner, in order to avoid imposing a further economic burden on these
marginalized groups”. 64
98. The Special Rapporteur notes with concern that the pandemic exacerbates
existing socioeconomic inequalities and discrimination, marginalizing those in a
precarious economic situation who are disproportionately exposed to financial
shocks. States should ensure that the right to non-discrimination and the rights
to an adequate standard of living and the highest attainable standard of health,
among other human rights standards, are at the centre of COVID-19 response
policies. In particular, the Special Rapporteur underlines the need for affordable
care and equal access to health facilities to prevent, treat and control epidemic
diseases, with a view to realizing the right to the highest attainable standard of
health for all, without discrimination.
99. The Special Rapporteur recommends that States incorporate equality
impact assessments into their ongoing public health, economic, and social policy
responses to the crisis, in order to ensure that such responses are inclusive and
proportionate. Impact assessment with a focus on vulnerable groups should be
an essential component of intervention measures to guarantee the enjoyment of
human rights for all, without discrimination.
100. The Special Rapporteur calls upon States to engage with victimized
communities and curb racist incidents where some public officials have failed to
do so. States should take stock of the normalization of emergency measures that
employ discriminatory strategies or manifest any form of discrimination. The
Special Rapporteur encourages national and local authorities to devise
post-pandemic recovery plans that are fully inclusive, and are implemented in
compliance with international human rights standards.
101. Recalling her thematic report of 2018 that noted the growing support for
racist and related ideology through the use of digital technologies, the Special
Rapporteur reiterates that the current international and regional human rights
framework offers principles that should be implemented effectively in law and
in practice by States in order to tackle racism and intolerance through the use of
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22/23
Durban Declaration and Programme of Action, paras. 66, 99, 167 and 191.
See E/C.12/2020/1.
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