A/HRC/12/22
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27. General comment No. 12 (1999) of the Committee on Economic, Social and Cultural
Rights on the right to adequate food (art. 11) calls on States to “... refrain at all times from food
embargoes or similar measures, which endanger conditions for food production and access to
food in other countries. Food should never be used as an instrument of political and economic
pressure”.22 Nor should it be used as a counter-terrorism measure.
28. General comment No. 14 of the Committee on Economic, Social and Cultural Rights also
notes that “States are under the obligation to respect the right to health by, inter alia, refraining
from denying or limiting equal access for all persons, including prisoners or detainees,
minorities, asylum-seekers and illegal immigrants, to preventive, curative and palliative health
services”.23
29. There is a need to make a clear distinction between immigration and migration laws and
regulations, and security and counter-terrorism measures. It is neither correct nor desirable to
consider all migration laws and policies as counter-terrorism legislation. However, it is clear that
terrorism and security may be used as a trigger for States to take measures aimed at targeting
ethnic minorities and migrants.24 Measures that targeted particular minorities, for example, took
the form of invasive surveillance of a group, fingerprinting campaigns targeting a specific ethnic
group, the adoption of decrees stating that a particular minority was a security threat, or the
adoption of measures to facilitate their eviction. All of these measures have a serious impact on
economic, social and cultural rights.
30. In addition, a number of specific human rights concerns may occur in the context of
ensuring border security, linked to the treatment and screening of individuals when crossing an
internationally recognized State border.
31. States are increasingly placing their immigration laws and policies at the centre of their
counter-terrorism strategies. Terrorism and national security concerns have become a
justification to tighten immigration and asylum regimes. There is a tendency to return
asylum-seekers or repatriate refugees hastily without paying sufficient attention to their
economic, social and cultural rights, with the risk that they may face persecution in their
countries of origin. Such measures could have a disproportionate and discriminatory impact on
asylum-seekers, refugees and immigrants and, more generally, non-citizens.
22
Paragraph 37.
23
Paragraph 34.
24
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on
non-discrimination in economic, social and cultural rights (art. 2, para. 2, of the Covenant),
paras. 10 (a), 16, 17, 22, 23, 30 and 40.
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