Human Mobility and Human Rights in the COVID-19 Pandemic: 14 Principles of Protection for Migrants, Refugees, and those Displaced
Written by Catherine McGahan, Associate Director of the Zolberg Institute on Migration and Mobility
Earlier this year, after the world seemingly shut down to prevent the spread of COVID-19, the Zolberg Institute on Migration and Mobility at The New School, the Migration and Human Rights Program at Cornell Law School, and the Forced Migration and Health program at Columbia University’s Mailman School of Public Health, convened a group of thirteen experts on international law, migrants, and human rights, to discuss protections for migrants in the wake of the global pandemic.
“Since the beginning of the pandemic, the US government has made a slew of rash policy changes that have been extremely detrimental to migrant communities inside and outside the country’s borders.”
In responding to the COVID-19 pandemic, many States have taken harsh and unprecedented measures against migrants, refugees, and other displaced persons. These have included border closures, quarantines, expulsions, and lock-downs of migrant worker communities and refugee camps. Migrants, refugees, and other displaced persons have also been excluded from programs adopted by States to secure the health and economic well-being of those within their borders. 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.
As noted by the Center for Migration Studies, “Immigrants in the United States, regardless of legal status, contribute significantly to the economy, to the social fabric of our nation, and to the nation’s response to the pandemic. They also are disproportionately impacted by the COVID-19 pandemic and should receive support — as integral members of US communities — to protect and sustain themselves and their families.” Since the beginning of the pandemic, the US government has made a slew of rash policy changes that have been extremely detrimental to migrant communities inside and outside the country’s borders.
“It is precisely in such times that international human rights do their most important work, reminding us of the core principles of the humanity we are struggling to preserve.”
As we continue to acclimate to the new normal, we must remember that vulnerable groups –like migrants, refugees, and asylum seekers — continue to need protection. 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 current crisis demands robust and effective action. But turbulent times do not justify claims that rights can be dispensed with or set aside because they are considered inconvenient to the pursuit of controlling the virus. It is precisely in such times that international human rights do their most important work, reminding us of the core principles of the humanity we are struggling to preserve.
The fourteen protections are listed below:
1. Equal treatment and non-discrimination
2. Right to health
3. State obligations to combat stigma, racism and xenophobia
4. Restrictions on movement between States
5. Restrictions on movements within States
6. Non-return and access to territory
7. Enforcement of immigration law, including detention
8. Right to protection of life and health for persons in camps, collective shelters, and settlements
9. Right to information
10. Protection of privacy
11. Gender considerations
12. Marginalized groups
13. Labor rights of workers
14. Rights and their limitations
Read a more in-depth breakdown of the Principles of Protection on the Zolberg Institute’s website.
Interested in more from the Zolberg Institute? They recently launched Entry Denied, an eight-eposode podcast that explores the Trump Administration’s immigration policies. Co-hosted by University Faculty and Zolberg Institute Director Alex Aleinikoff and National Public Radio’s Deb Amos, the podcast provides a comprehensive discussion of the origins, content and implications of Trump policies, told by leading journalists, migrants, and academics.
The Zolberg Institute is also offering a free online course, Human Rights and Migration, that will present multiple perspectives on mobility and human rights. Running Sept. 9-Nov. 18, 2020, this course draws on insight from leading experts in the field who will address the most pressing issues of the day — including migrant workers, gender, racism and xenophobia, human trafficking, child migration, immigration enforcement, and forced migration.
