and a basic standard of living and to ensure accessibility and reasonable accommodation for people
with disabilities to enable them to live independently in the community, with support as necessary.
Children constitute an estimated 31 million of the world’s forcibly displaced, and, in the context
of the current pandemic, face particular challenges, including access to testing and treatment,
adequate water, sanitation, shelter, and education. These challenges are compounded for children
who are unaccompanied or separated through border closures, intensified immigration
enforcement, containment measures such as quarantine, and the death of caregivers. International
human rights law requires States to ensure that the best interests of the child is a primary
consideration in all actions concerning children. In responding to the COVID-19 crisis, States must
respect the right to family life and the principle of family unity. States should thus refrain from
actions that could result in separation and should take proactive measures to facilitate the speedy
reunification of families. States must also take steps to combat the sexual exploitation and
trafficking of children.
(Sources: CRC art. 3(1), 9(1), 10(1); ICCPR arts. 17(1), (2), UN Convention Against
Transnational Organized Crime: Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children art. 9; ICESCR arts. 10, 12; International Covenant on
the Rights of Persons with Disabilities arts. 11, 25.)
13. Labor rights of workers
States must observe the labor rights of migrants, refugees, and other displaced persons working
in essential occupations and industries, and in particular take measures to protect their health.
States must provide assistance to migrants, refugees, and other displaced persons who lose their
jobs and incomes due to the COVID-19 pandemic to the same extent that such protection is
afforded to nationals.
Migrants, who make up large portions of the “essential” workforce in many States, will continue
to work during the COVID-19 pandemic. Standards related to workplace safety, minimum wages,
hazard pay, overtime, and collective bargaining apply to them on the same basis as nationals. To
protect the health of all workers, States must ensure that migrant, refugee, and other displaced
workers are provided with appropriate protective equipment, as well as with soap, water, and
sanitary facilities. They may not be compelled to work in hazardous conditions or confined in
overcrowded accommodation.
States must also protect, on the same basis as nationals, migrants, refugees, and other displaced
persons who are unable to work (whether because of sickness or workplace closures) due to the
pandemic. They are entitled to the same social benefits as nationals, including with respect to
health care, sick leave, social security, and unemployment insurance. States should also take steps
to ensure that work closures and other measures do not expose migrants and their families to any
special risks, whether they stay or are forced to return home in order to survive. For instance, visas
should be granted or extended regardless of employment status, and no one should be rendered
“irregular” because they have lost their job or failed to acquire one during the pandemic.
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