Non-discrimination Foremost, the collective detention in a mandatory quarantine of all asylum seekers to Samos may amount to a violation of the principle of nondiscrimination according to Article 14 of the ECHR and Article 21 of the Charter of Fundamental Rights. The detention of people seeking international protection was a blanket measure, targeting only asylum seekers, who are a recognised vulnerable group,[131] without any sufficient basis for the differential treatment. The UNHCR outlined key legal considerations in the context of the COVID-19 in March 2020, stating the following: Where such restrictions amount to detention, that detention must not be arbitrary or discriminatory, must be in accordance with and authorised by law in accordance with applicable procedural safeguards, for a limited time period and otherwise in line with international standards. Health concerns do not justify the systematic use of immigration detention against individuals or groups of asylum seekers or refugees.[132] Blanket de facto detention in the quarantine zones of the CCAC, as addressed above, was arbitrary both due to the irrelevance of the initial COVID-19 test and the comparative measures applicable to arrivals of tourists. The Council of Europe encouraged Member States to pursue COVID-19 measures that are proportionate to the evaluated risk;[133] however, no justification was provided by the authorities as to why a different risk evaluation was seemingly undertaken in relation to those seeking international protection. No 'risk evaluation' for the spread of COVID-19 specific to those seeking international protection was referred to by the Greek authorities in the Joint Ministerial Decision 51236/22.[134] Comparatively, it has been shown that those seeking international protection and restricted to the Greek hotspots are at a greater risk and require greater protection.[135] The blanket de facto detention which _____ [131] M.S.S. v Belgium and Greece [2011] ECHR (App No 30696/09), para 251. [132] UN High Commissioner for Refugees. 2020. Key Legal Considerations on access to territory for persons in need of international protection in the context of the COVID-19 response. Available here. [133] Stephanie Cramer Marsal, Christian Ahlund, Robin Wilson. 2020. COVID-19: An analysis of the anti-discrimination, diversity and inclusion dimensions of the Council of Europe member States. Council of Europe. Available here. [134] Joint Ministerial Decision 51236/22 (published in Government Gazette sheet no. 4756/B/09.09.22). [135] Refugee Support Aegean. 2021. Refugees unprotected against COVID-19 risks in Greece. Available here. Page 36