At a minimum, when implementing emergency measures, states should grant temporary residency rights to women asylum seekers and migrants while asylum claims and
citizenship processing have been suspended, to allow women and their children to
access essential services.
The approach taken by Portugal, for example, has been to grant all migrants and asylum
seekers full citizenship rights, on a temporary basis.154
States should dedicate resources for the rapid processing of births in the recovery period, along with paying attention to removing any barriers to this process that specific
minority groups may encounter.
SUSPENSION OF “NON-ESSENTIAL” AND “NON-URGENT” HEALTH SERVICES
During the coronavirus pandemic, emergency measures have impacted healthcare in
two key ways: medical resources (including personnel, equipment, hospital beds, etc.)
have been diverted to treat those who were being treated for COVID-19, while, simultaneously, “non-essential” or “non-urgent” health services have been suspended or limited.
The effects of other emergency measures, such as border closures and restrictions on
movement, have resulted in shortages or sharp price inflation on medicines.
Other crises may represent a less immediate threat to human health but would, nevertheless, still require the mobilization of medical personnel, equipment and other resources.
The right to the highest attainable standard of physical and mental health155
Right to
includes the right to access health care and health-related education and
health
information, the right to receive testing and treatment, the right to the
protection of health (such as safe working conditions, which can include
access to appropriate personal protective equipment, [PPE]) and the right to access hygiene
facilities, clean water and sanitation. International law recognizes that women and men have
distinct health issues, and also that some women are prevented from exercising their right to
health care due to multiple forms of discrimination and marginalization. The right to health as
defined by the ICESCR includes sexual and reproductive health, and also entails the obligation
154 Alberti, M. & Cotovio, V., “Portugal Gives Migrants and Asylum-Seekers Full Citizenship Rights during Coronavirus
Outbreak”, CNN website, 31 March 2020, <https://edition.cnn.com/2020/03/30/europe/portugal-migrants-citizenship-rights-coronavirus-intl/index.html>.
155 ICESCR, op. cit., note 16, Art. 12.
46
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