Derogation from human rights and restrictive measures adopted in response to an emergency cannot discriminate on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
example In case of terrorist threats, states may derogate from the right to liberty to temporarily allow for a broader basis for detention of those suspected of having committed or plotting terrorist offences. However, such measures cannot be aimed solely at foreign nationals suspected of terrorist offences and not be applied to suspects who are state nationals.
States should also ensure that the measures taken in response to an emergency do not discriminate or have a disproportionally negative effect on certain groups of people indirectly.
example During a pandemic, a state may require people to stay indoors for a prolonged period. In these cases, states should carefully assess whether that obligation has a disproportionally worse effect on people experiencing poverty who live in small apartments or other shared living spaces and whose communal costs for living may rise sharply, as opposed to those who own large private homes and can afford an increase in the costs related to staying at home.