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without fear of detection, detention and deportation, and so that disaggregated data
and indicators in all areas relevant to migration can be collected, while ensuring data
protection and respect for the right to privacy of migrants. 47
E.
Immigration detention in the context of COVID-19
59. International human rights states that “no one shall be subjected to arbitrary
arrest or detention” and that anyone deprived of his liberty, including in cases of
immigration control, is entitled to take proceedings before a court and be rel eased in
case of unlawful detention. 48 Immigration detention of adults should be a measure of
last resort, and immigration detention of children is against their best interest and is
always a child rights violation and should therefore be banned. 49
60. In the context of COVID-19 pandemic, and using public health concerns as
justification, some reception facilities, shelters, hotspots and places of quarantine
have been converted into de facto detention centres. The Working Group on Arbitrary
Detention has clarified that a mandatory quarantine in a premise where the
quarantined persons may not leave for any reason, is de facto a deprivation of liberty
(A/HRC/45/16, annex II). The situation of migrants who have been forced to remain
in such centres for prolonged periods or lacking clarity on the duration, without access
to effective judicial remedies, and often in substandard conditions with limited
opportunities to gain access to medical care, would amount to arbitrary detention. 50
F.
Non-discrimination and enhancing tolerance in the context
of COVID-19
61. International human rights law establishes that States must prohibit and
eliminate racial discrimination in all its forms and guarantee the right of everyone,
without distinction, to equality before the law. 51 In its resolution 74/270, the General
Assembly emphasized the need for full respect for human rights and stressed that
there is no place for any form of discrimination, racism and xenophobia in the
response to the pandemic. However, the COVID-19 pandemic has exposed underlying
structural inequalities and exacerbated racism, discrimination and hate speech in
many parts of the world. 52 In May 2020, the Secretary-General expressed concern as
“the pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating
and scaremongering”. 53 The Special Rapporteur has also noted with concern
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50
51
52
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As the Special Rapporteur said in his contribution to the report of the Secretary-General on the
Global Compact Migration: “States should collect disaggregated data and indicators in all areas
relevant to migration, while ensuring data protection and respect for the right of migrants to
privacy, in particular by establishing firewalls in order to enable societies to conduct better informed public debates and States to make evidence -based policy decisions.” See also joint
general comment No. 4 of the Committee on the Protection of the Righ ts of All Migrant Workers
and Members of Their Families/No. 23 of the Committee on the Rights of the Child (2017) on
State obligations regarding the human rights of children in the context of international migration
in countries of origin, transit, destination and return.
International Covenant on Civil and Political Rights, art. 9; Human Rights Committee, general
comment No. 35 (2014) on liberty and security of person.
See www.ohchr.org/Documents/HRBodies/CRC/Discussions/2012/DGD2012ReportAnd
Recommendations.pdf, para. 32; and A/75/183, paras. 82–86.
Submissions by: Global Detention Project; Centro por la Justicia y el Derecho Internacional;
Global Rights Advocacy; Fundación para la Justicia y el Estado Democrático de Derecho.
International Convention on the Elimination of All Forms of Racial Discrimination, arts. 1 and 5.
See www.un.org/en/un-coronavirus-communications-team/we-are-all-together-human-rights-andcovid-19-response-and.
See www.un.org/press/en/2020/sgsm20076.doc.htm.
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