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