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The Human Rights Commission welcomes the
Government’s clear confirmation that proof of
vaccine status will never be used for essential
public services such as hospitals and transport.
Human rights implications
Requiring evidence of vaccine status to secure
entry to premises or events engages a number of
human rights, such as freedom of assembly and
freedom of religion.
Ensuring that any use of vaccination certificates
complies with human rights involves
demonstrating that the use in question is
necessary to achieve a pressing social aim (eg.
protection of public health), goes no further
than necessary to achieve that aim, and is
proportionate.
If a measure involving less interference with
people’s rights could achieve the stated objective,
it ought to be used. An essential element of
proportionality is that the interference is timebound, lasting no longer than strictly necessary.
In terms of necessity, the aims of introducing
vaccination certificates are, for example, to
protect people from the virus; encourage vaccine
uptake among younger people; and avoid closure
of areas of the economy.
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In terms of proportionality, the Government
must be able to demonstrate that it has fully
considered the potential negative impact on
people’s human rights and balanced that against
the societal interest. An important element of
this will be to explain why the proposed scheme
does not include the alternative of a negative
COVID-19 test for those who cannot prove they
have been vaccinated. At the time of writing the
Government had not set out its assessment of
proportionality. In the interests of transparency
and accountability, the Government should
publish its full reasoning, including any evidence
relied upon.
Take-up of COVID-19 vaccines is lower among
some groups, and use of vaccination certificates
will therefore particularly impact people in these
groups. Many of these groups have also been
disproportionately impacted by the virus, and the
response to it.
If considering the introduction of vaccination
certificates in new areas it will be important
to hear directly from people who would be
excluded from those spaces, in order to properly
understand the impact on them before weighing
that against the societal interest. The Government
must ensure that vaccination certificates are not
used in a way that results in disproportionate
interference with people’s rights. That requires
ensuring that any scheme is temporary, with
regular, open and transparent review of its
ongoing necessity and proportionality.
See the Government’s Covid-19 website: https://covid19.govt.nz/alert-levels-and-updates/covid-19-protection/
Specific conditions briefing: upholding human rights protections in the use of vaccination
certificates under Aotearoa’s proposed Covid-19 Protection Framework