HUMAN MOBILITY AND HUMAN RIGHTS IN THE COVID-19 PANDEMIC: PRINCIPLES OF PROTECTION FOR MIGRANTS, REFUGEES, AND OTHER DISPLACED PERSONS
In responding to the COVID-19 pandemic, many States have taken harsh and unprecedented measures against migrants, refugees, and other displaced persons. Actions taken to control and prevent the spread of the virus and to ameliorate the massive harms inflicted by the pandemic must be consistent with established international human rights norms. These norms – including those of non-discrimination, rights to health and to information, due process, and non-return to risks of serious harm – apply to all persons, irrespective of their immigration status.
The following principles derive from international treaties and instruments, customary international law, decisions of UN treaty bodies, and guidelines widely accepted by the international community. They are further informed by decisions of human rights bodies at the regional level and regional inter-State agreements. The principles are offered to inform and guide State action, to assist international organizations, and to provide a basis for advocacy and education.
The fourteen principles are listed below.
Members of the Drafting Committee included: T. Alexander Aleinikoff, Chaloka Beyani, François Crépeau, Joanne Csete, Guy Goodwin-Gill, Walter Kaelin, Ian Kysel, Jane McAdam, Chidi Anselm Odinkalu, Anna Shea, Leah Zamore, and Monette Zard. 1. Equal treatment and non-discrimination
State policies responding to COVID-19 must guarantee equal and non-discriminatory treatment of all persons, irrespective of their immigration and citizenship status or the fact of their displacement.2. Right to health3. State obligations to combat stigma, racism and xenophobia4. Restrictions on movement between States5. Restrictions on movements within States6. Non-return and access to territory7. Enforcement of immigration law, including detention8. Right to protection of life and health for persons in camps, collective shelters, and settlements9. Right to information10. Protection of privacy11. Gender considerations12. Marginalized groups13. Labor rights of workers14. Rights and their limitations
Principles of protection for migrants, refugees, and other displaced persons
Reiterating the importance of adherence to the rule of law and basic norms of human rights and refugee law is critical.Read the 14 Principles.
Developed under the auspices of The Zolberg Institute on Migration and Mobility (The New School), the Columbia Program on Forced Migration and Health, and the Cornell Migration and Human Rights Program.
