and subject to independent review. There must be no less intrusive and restrictive means available to reach the public health objectives. They must also be based on scientific evidence.4 Additionally, public health resources must be mobilised in the most equitable manner and should prioritise the needs of marginalised or vulnerable groups.5 These principles provide a check on limitations imposed on human rights. They also provide guidance on assessing whether balances between competing rights are fair and reasonable. Vaccination certificates6 Vaccination certificates are an integral part of the Covid-19 Protection Framework. A vaccination certificate is a health document that records that an individual has received a vaccination.7 In general, they note key details about the vaccinated person, the vaccine administered, date administered, and any other relevant information. The proposed use of vaccination certificates under the Protection Framework has clear human rights and Te Tiriti o Waitangi implications. People who do not hold a vaccination certificate will be treated differently from those that do and may have their rights limited, for example, freedom of movement, and the rights to assembly, and non-discrimination. This approach differs from the alert level system where restrictions generally apply to everyone in a defined geographical area. The use of vaccination certificates under the Protection Framework system may help to achieve a high vaccination rate, as well as containing and minimising illness and death. These are crucial public health and human rights goals. The Ministry of Health has released the following broad outline of how the system will work: 2 A vaccination certificate is a confidential way of proving you are fully vaccinated. Requiring a vaccination certificate will be optional for many locations. There will be some higher-risk settings where they will be required in order to open to the public. Businesses, events, organisations, community, and a range of sectors may legally choose to implement a vaccination entry requirement for customers. If a business, organisation or service doesn’t wish to request proof of vaccine, they will have to operate with strict limits on capacity and space requirements. They may need to close in Orange and/or Red levels. Everyone aged 16 and over will be able to access their COVID-19 vaccination records through a website called My COVID Record. This will also be where you can download domestic and international digital vaccination certificates and find your COVID-19 test results. 4 The Siracusa Principles as summarised by the World Health Organisation, see also Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights by the Committee on Economic, Social and Cultural Rights, E/C.12/2020/1 (6 April 2020) at 10-12 5 Statement on the coronavirus disease (COVID-19) pandemic and economic, social and cultural rights by the Committee on Economic, Social and Cultural Rights, E/C.12/2020/1 (6 April 2020) at 14 6 This Briefing has made extensive use of materials on the issue by our colleagues the Scottish Human Rights Commission, to whom we are thankful. 7 Vaccination certificates have been implemented in various forms in other countries, including the UK, the EU, Canada and Australia. Specific conditions briefing: upholding human rights protections in the use of vaccination certificates under Aotearoa’s proposed Covid-19 Protection Framework

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