3. State obligations to combat stigma, racism and xenophobia
States should ensure that neither their actions nor the actions of others stigmatize or incite violence
against persons on account of their actual or perceived health status, in particular when such
stigmatization is linked to race, national origin or immigration status.
International human rights norms prohibit States from targeting or discriminating against particular
groups based on their status, including actual or perceived health status. Numerous instances of
stigmatization and racist or xenophobic violence have been directed against people based, in
particular, on their Asian descent or the perception that they were a source of COVID-19 infection.
Stigma can operate as a significant barrier to seeking health care – a result that endangers both the
groups that are targeted and the public at large. Thus, States must refrain from measures that foster
or perpetuate stigma, and they should ensure that public health responses to COVID-19 are
inclusive of and respect the rights of marginalized groups, including migrants, refugees, and other
displaced persons. In addition, States should take proactive steps to combat stigma and
discrimination on the part of third parties, such as service providers, private sector employers, the
media, and community members. These could include a range of efforts aimed at public education
and communications to underpin the fact that viruses are not synonymous with nationality. The
availability of accurate and timely information about the disease and how it can be transmitted is
also critical in both realizing the right to health and combating stigma.
(Sources: UDHR art. 2(1); ICCPR art. 2(1); ICESCR art. 2(2); ICERD arts. 1.1, 2, 4; Refugee
Convention art. 3; CERD Committee General Recommendation No. 30 (2005.))
4. Restrictions on movement between States
States are required to ensure that restrictions on mobility adopted in response to COVID-19
respect the rights of all persons to leave any State and to re-enter their home State.
The right of all persons to leave any State and the right to re-enter one’s home State (including
one’s state of habitual residence) may be restricted only in exceptional circumstances. Restrictions
of these rights adopted to prevent or contain the spread of COVID-19 must be authorized by law
and must be necessary and proportionate to the legitimate aims of protecting public health and the
rights of others.
In many cases, there are more effective disease-control measures than border closures.
Furthermore, border closures can endanger mobile populations and impede the movement of
medical supplies. Where necessary to protect public health, border closures should be subject to
exceptions for compelling humanitarian and compassionate needs and that ensure that a State’s
international obligations can be respected (including the right to seek and enjoy asylum).
(Sources: UDHR arts., 13(2), 29(2); ICCPR art.12(2)-(4); UN Human Rights Committee, CCPR
General Comment No. 27; WHO, International Health Regulations (2nd ed.) arts. 23, 32.)
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