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 __________________ 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). 21-10577

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