Specific conditions Adherence to a human Rights and Te Tiriti based approach requires that all measures implemented as part of the Covid-19 Protection Framework, including the use of vaccination certificates, must be accompanied by the following specific conditions9: a. Use or support of vaccination certificates should only be permitted on the basis of clear advice regarding the overall effectiveness of the proposed certification scheme in protecting life and health, and managing the pandemic, and it is assessed as both necessary and proportionate to do so. b. Vaccination certificates should be available in paper, digital and all accessible forms and be able to be replaced easily if lost. The system should be practicable for all, for example by including suitable and accessible alternatives for those who do not own or use smartphones, and for those who do not wish to use the technology for other reasons. c. Exemptions must be readily available to all those that are unable to be vaccinated, and thus unable to be certified, as a result of a disability or medical condition. The conditions upon which exemptions rely are clearly articulated, fully accessible, including an appeal or review process. The system to obtain exemptions and any associated documentation must be accessible, equitable and efficient. e. Access to vaccination certificates must be equitable and non-discriminatory. The verification process should accommodate those who have been vaccinated but may have difficulty obtaining proof of identity documentation or have been vaccinated overseas. f. The decision-making process must be open and transparent, with reasoning, evidence and advice relied upon, clearly set out. g. The use or support of vaccination certificates in certain settings must be temporary, and there must be regular, open and transparent review of the ongoing necessity and proportionality of the scheme, generally and in each setting in which it is used. This should include regular assessment of the impact of the scheme on people’s human rights and Te Tiriti implications, as well as the effectiveness of the scheme in achieving its aim. A sunset provision should be included in any certification scheme, ensuring that the measures are to come to an end on a specified date, or as soon as specific conditions are satisfied, for example when a sufficient number of people have been vaccinated. h. Failure to produce a vaccination certificate must not lead to a denial of access to any essential service. This includes access to essential goods and services, as well as access to government services. d. A necessity and proportionality analysis should be carried out in relation to the general use of vaccination certificates and the specific contexts in which it is proposed that certification will be used. The least restrictive measures that achieve the legitimate aim must be used. 9 4 These conditions specific to vaccination certificates should be read together with the general conditions in Briefing Two above. Specific conditions briefing: upholding human rights protections in the use of vaccination certificates under Aotearoa’s proposed Covid-19 Protection Framework