A/HRC/41/44 migrants or refugees; threats to prosecute, deport or suppress those who campaign on behalf or speak in support of them (or the actual taking of such measures); and the prosecution or suppression of persons who participate in a reasonable way in protests on board aircraft in solidarity with irregular migrants about to be deported, are prima facie violations of this right. The enjoyment of this right is explicitly limited by the permission granted to States in article 19 (3) to enact “necessary” restrictions “for respect of the rights or reputations of others” and “for the protection of national security or of public order, or of public health or morals.” Except in the case of protests on board aircraft, the criminalization or suppression of protests in solidarity with irregular migrants and refugees is manifestly unjustifiable, even under any of these permissible limitations. Even so, not every act of protest on board an aircraft can be justifiably suppressed or criminalized in the interests of national security. Such restrictions must be strictly necessary and justifiable in the circumstances. 68 Right to a fair hearing 39. The right to a fair hearing is guaranteed in article 14 of the International Covenant on Civil and Political Rights. A key component of that right is the right to legal counsel for those charged with or likely to be charged with breaking the law. The enjoyment of that right is violated by any law or practice that functions to restrict or negate access to a lawyer of one’s choice. Thus, the right would be violated by the prosecution or suppression of humanitarian-minded lawyers who provide legal advice to irregular migrants. That is so because such prosecutions and acts of suppression will have the effect of discouraging many lawyers from providing advice to irregular migrants or refugees, thereby restricting significantly their rights to access to legal counsel. Right to adequate housing 40. The right to adequate housing is guaranteed in article 11 of the International Covenant on Economic, Social and Cultural Rights as a component of “the right of everyone to an adequate standard of living.” States parties to the Covenant are required by this provision to take appropriate steps to ensure the realization of this right. The criminalization or suppression of humanitarians who rent accommodation to irregular migrants or refugees and the prosecution or suppression of religious authorities, NGOs and others who provide housing or sanctuary to them are prima facie serious violations of this right. The Committee on Economic, Social and Cultural Rights has authoritatively interpreted the Covenant as requiring States to guarantee to “everyone” within their territory a “minimum core entitlement” to each right contained in that treaty, such as the right to adequate housing.69 Instructively, only developing countries are given some wiggle room in article 2 (3) to determine to what extent they may refrain from guaranteeing this kind of right to non-citizens, such as irregular migrants. The case of European Council of Churches v. The Netherlands before the European Committee on Social Rights is also illustrative of the validity of the positions taken here by the Independent Expert.70 Right to food and to an adequate standard of living 41. The right to food is guaranteed in article 11 of the International Covenant on Economic, Social and Cultural Rights as a component of “the right of everyone to an adequate standard of living.” In line with the arguments in the previous paragraph, it becomes clear that the prosecution or suppression of humanitarians who provide the necessities of life, such as food, water, medical help, clothing and showers, to irregular migrants and refugees is also a serious violation of this right and that the “progressive realization” clause discussed above does not save such acts of criminalization and suppression from being illegal under international human rights law. 68 69 70 See Bakur v. Belarus (CCPR/C/114/D/1902/2009), paras. 7.4, 7.7, and 7.9–7.10. See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to adequate housing; and I.D.G v. Spain. (E/C.12/55/D/2/2014), para. 11.1. See Conference of European Churches v. the Netherlands (decision on the merits, 1 July 2014), complaint No. 90/2013, paras. 31–32, 34–35, 37, 41, 45, 48 and 113. 13