A/HRC/45/16 VII. Use of emergency powers to target certain groups 22. Emergency powers must not be used to deprive particular groups or individuals of liberty. For example, the power to detain persons during public health emergencies must not be used to silence the work of human rights defenders, journalists, members of the political opposition, religious leaders, health-care professionals or any person expressing dissent or criticism of emergency powers or disseminating information that contradicts official measures taken to address the health emergency. VIII. Detention in the context of migration 23. Detention in the context of migration is only permissible as an exceptional measure of last resort, 24 which is a particularly high threshold to be satisfied in the context of a pandemic or other public health emergency. 24. The Working Group reminds all States that migrant children and children with their families should not be detained in the context of migration policies, and should therefore be immediately released.25 25. Asylum seekers should not be held in places of deprivation of liberty during the course of the procedure for the determination of their status, and refugees should be protected by authorities of the recipient State and not detained. IX. Equality and non-discrimination 26. Emergency measures or powers enacted to address public health emergencies must also be exercised with respect to the principle of equality and non-discrimination based on the grounds of birth, national, ethnic or social origin, language, religion, economic condition, political or other opinion, gender, sexual orientation, disability or any other status. 26 27. Such measures and powers must take into account the disparate impact upon vulnerable groups who already experience disadvantage, including persons with disabilities, older persons, minority communities, indigenous peoples, people of African descent, internally displaced persons, persons affected by extreme poverty, homeless persons, migrants and refugees, persons who use drugs, sex workers and LGBTI and gender-diverse persons,27 who may not have the same capacity to comply with health directives (such as isolation at home, self-funded quarantine in hotels, requirements not to attend work or to pay fines or bail), and may be deprived of their liberty as a result. X. Independent oversight and cooperation with human rights mechanisms 28. The Working Group emphasizes the importance of independent oversight by national and international human rights mechanisms over all places of deprivation of liberty to minimize the occurrence of instances of arbitrary deprivation of liberty. 28 Such mechanisms include prosecutorial and judicial authorities, government human rights departments, national human rights institutions, national preventive mechanisms and civil society at the national level, as well as the Office of the United Nations High Commissioner for Refugees, the International Committee of the Red Cross and other relevant non-governmental organizations at the international level. 29. The Working Group acknowledges the particular challenges that the prevailing public health emergency poses to such independent oversight as those involved in human rights 24 25 26 27 28 38 See revised deliberation No. 5 on deprivation of liberty of migrants (A/HRC/39/45), para. 12. A/HRC/36/37/Add.2, para. 21. A/HRC/36/37, paras. 46–49, and A/HRC/36/38, para. 8 (e). A/HRC/36/37, para. 46. A/HRC/39/45/Add.1, para. 17, and A/HRC/39/45/Add.2, paras. 16–17.