COVID-19 and International Law Series: States’ Obligations to Refugees and Migrants in Detention

Article by Oona Hathaway, Preston Lim and Mark Stevens. Just Security. December 2, 2020.

Article by Oona Hathaway, Mark Stevens and Preston Lim. Just Security.

December 2, 2020.

This article is the second describing the aspects of international refugee law that the COVID-19 pandemic and resultant government responses implicate. It focuses on how COVID-19 might and should affect governments’ treatment of asylum-seekers, refugees, and other migrants under their care in large-scale camps or in custody in smaller facilities, domestically or at points of entry. This article first summarizes States’ health-related obligations as they pertain to migrants in State-operated or State-authorized facilities, including camps, detention facilities, or reception centers at points of entry. It then turns to States’ obligations to immigration detainees during a pandemic. Finally, it considers States’ obligations to immigration detainees in the particular context of COVID-19 and suggests approaches States might undertake to fulfill these obligations.

See the first article about international refugee law and the principle of non-refoulement here.

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