and health care for all who are or may be at risk, as well as access to State programs adopted to
ameliorate the economic hardships imposed by the pandemic. Not to address the health needs of
migrants, refugees, or other displaced persons on grounds of their origin or status would, in
addition to increasing the risk of further spread of COVID-19, constitute discrimination because it
would be unreasonable, disproportionate, pursue no legitimate goal, and threaten the well-being
of the entire community.
The principle of non-discrimination also mandates proactive measures to bring the necessary
health services and other vital life-saving services, such as food and housing, to marginalized
communities, including those whose displacement, voluntary or involuntary, has separated them
from traditional means of support. A proactive approach will necessarily benefit the community
as a whole by reducing the risks of transmission by and among those who otherwise might be
unable – due to lack of resources, illness, disability, or other circumstances – to stop work, selfisolate, or independently access health services.
(Sources: International Covenant on Civil and Political Rights (ICCPR) arts. 2(1), 26;
International Covenant on Economic, Social, and Cultural Rights (ICESCR) art. 2(2);
International Convention on the Elimination of All Forms of Racial Discrimination (CERD) art.
1(1); Charter of the United Nations, preamble, arts. 1(3), 55; Universal Declaration of Human
Rights (UDHR), art. 2(1); Convention Relating to the Status of Refugees (Refugee Convention),
art. 3; Guiding Principles on Internal Displacement, principle 1(1).)
2. Right to health
States must respect the right to health of migrants, refugees, and other displaced persons,
including by ensuring that the provision of essential medicines, prevention, and treatment are
provided in a non-discriminatory manner.
The right to health is widely recognized in international law. States have an obligation to provide
access to existing health care services that are reasonably available when lack of access to that
health care could expose an individual or community to a risk that can result in loss of life. Access
to food, water and sanitation, safe shelter and education are recognized as part of realizing the right
to health. These obligations, crucial in the current COVID-19 pandemic, are owed to all persons,
including migrants, refugees, and other displaced persons, as well as stateless persons whose lack
of effective nationality must not preclude them from enjoying the right to health. The right to
effective and respectful health services are best achieved by measures that take into account the
views of affected populations.
(Sources: UDHR art. 25; ICESCR art. 12; CERD 5(e)(iv); UN Committee on Economic, Social
and Cultural Rights, General Comment No. 14 on the right to the highest attainable standard of
health; UN Human Rights Committee, CCPR Nell Toussaint v Canada (2018), para 11.)
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