Today I contacted the Human Rights Commission in response to the government’s CO-ronavirusV-accine-ID certificate rollout announcement. Their website information seems somewhat out of date.
Martin Harris 5/10/21
My Email to HRC:
Time you updated the info on your page:
While there have been proposals introduced overseas for COVID-19 “digital certificates” or “vaccine passports” as a way for people to prove their COVID-19 vaccine status to be able to travel or access public spaces, the government has not introduced these measures in New Zealand.
Busy trying to research the complexities of the announced certificates and what my rights will be. You were my first port-of-call.
I got a response (apparently automated) within minutes:
Thank you for contacting the Human Rights Commission.
We are experiencing high demand levels with many enquiries and complaints related to COVID-19. We read and consider all emails, and reply to those requiring a response. At present, the timeliness of our responses is being significantly affected. We thank you for your patience.
E mihi ana¬¬¬¬
Human Rights Information and Support Services | Mōhiohio Tika Tangata me ngā Ratonga Tautoko
“Many enquiries and complaints”. I sure hope so. I hope they are deluged. Its time to take action.
How are these Vaccine Certificates to be policed? Most of the Hospitality Industry appears to be opposed.
Only a few days ago, RNZ ran the following item:
Vaccine passports unlikely to be compulsory in NZ setting – legal expert
“RNZ understands officials could be on uneven ground if they tried to make Covid-19 vaccination passports mandatory in places like restaurants and bars, or at events such as rugby games or concerts.
As such, any moves regarding vaccine certificates will see the onus put on business owners, who will be left with a moral decision around whether to serve people without verification of vaccination.
Restaurant Association chief executive Marisa Bidois said that would be unfair on small businesses.
“Some of the major concerns that businesses have in this discussion were the fact that they would have to manage the process for this,” Bidois said.
“I think it is a lot to ask for a small to medium business owner or any business for that matter, to potentially police this sort of system.”
Bidois said support for mandatory vaccine certificates to access restaurants has waned over the past two months.
Before Auckland’s current lockdown, about 70 percent of restaurants surveyed said they broadly supported a vaccine passport system, but that has dropped to 50 percent support more recently…” READ MORE
And I understand support has dropped even lower in recent days.
THEN TODAY, (5/10/21) THIS:
At the time of writing, this video showed 78 dislikes versus 15 Likes. What does that tell you? “Please visit YT and give the announcement a thumbs-down”.
I suspect this is going to get a little messy. About time.
It would appear the HRC has updated it’s Vaccine and Vaccine Certificate information, and it is worth reading.
What is a vaccine certificate?
“Vaccine certificate”, “vaccine passport” and “digital certificate” are terms used to describe official proof someone is fully vaccinated for Covid-19. These have been adopted by some countries for international travel or domestic use.
New Zealand does not currently use a vaccine certificate. However, on 5 October 2021 the Government announced it will implement a vaccine certificate and develop a national framework for how these certificates will be used. The Government indicated vaccine certificates will be available in both paper-based and digital versions and will apply to ‘high risk’ settings, such as large events. The government said the vaccine certificates will not be used at supermarkets or essential health services.
Vaccine certificates have human rights implications, particularly regarding access to services and facilities. In its statement on Human Rights and Access to Vaccines, the UN Office of the High Commissioner for Human Rights stated that vaccine certificates require intensive attention, to pre-empt potential discrimination and to monitor distribution to ensure equality and avoid discrimination. The Government’s proposed framework to roll out the use of vaccine certificates must take a human rights approach to avoid inequality and discrimination. Public health measures must be reasonable and proportionate to protect all human rights.
Can I be refused service or entry to a public place if I am unvaccinated for health reasons?
Blanket rules that only allow vaccinated people to access services or facilities may constitute unlawful discrimination under the Human Rights Act in certain situations.
For example, some disabled people cannot get vaccinated for medical reasons. To treat disabled people differently, by refusing service or entry or by offering more onerous terms of service or entry, causes detriment and might constitute unlawful discrimination under the Human Rights Act.
The concept of ‘reasonable accommodation’ is relevant here. Generally, this means that organisations are required to make reasonable adjustments to accommodate the needs of a disabled person. What is reasonable in any situation depends on factors including the legal provisions that may apply, the facts of a particular case, any costs involved, and whether the required actions could pose a risk to other people. You can read more in our Reasonable Accommodation Guide.
If you think you have faced unlawful discrimination, you can make a complaint to the Human Rights Commission.
Can I be refused access or services because I am unvaccinated due to my personal beliefs?
The Human Rights Act makes it unlawful to discriminate against someone because of their political opinion or religious belief (or any other protected ground in the Act).
The Human Rights Act does not define ‘political opinion’. However, New Zealand courts have interpreted it to primarily apply to party political matters. As such the definition is unlikely to extend to someone’s personal preferences or views on vaccinations.
Someone who holds a religious belief that prevents them from being vaccinated may be able to object on religious grounds. Generally, someone making a claim on religious grounds would need to show their belief is sincere and connected to an established religion, rather than a personally held belief.
If you think you have faced unlawful discrimination, you can make a complaint to the Human Rights Commission. The Commission can check whether the specific circumstances of a complaint fall under the Human Rights Act, and in some cases, offer a dispute resolution process for complaints.
I’m travelling overseas. What do I need to know?
Different countries have different requirements for entry. Some countries will only let you travel there if you have official proof you have been fully vaccinated. Some airlines also require proof of vaccination to fly internationally. Before you travel overseas, it is important to check what proof of vaccination you need.
If you are travelling overseas and need formal proof you have been vaccinated, you can request a vaccination confirmation letter from the Ministry of Health (see their website for more information).
Martin notes: Since we now know all about the use of aborted foetal cells being used in the development of the vaccine, Pro-Lifers and Christians should be within their rights to refuse the Pfizer and Moderna jabs. I intend to follow up on this and will keep this post updated.
Related from Jon Eisen:
IF YOUR BOSS THREATENS YOU WITH FIRING IF NOT VACCINATED DON’T REFUSE:
The secret is NOT to refuse the jab and do not sign anything!
If you are being forced to Vax in order to keep your job, here’s a great way to handle it. (Conditional acceptance) The secret is NOT to refuse it. “I write with regard to the matter of potential covid vaccine and my desire to be fully informed and appraised of ALL facts before going ahead. I’d be most grateful if you could please provide the following information, in accordance with statutory legal requirements.”:
1. Can you please advise the approved legal status of any vaccine and if it is experimental?
2. Can you please provide details and assurances that the vaccine has been fully, independently, and rigorously tested against control groups and the subsequent outcomes of those tests?
3. Can you please advise the entire list of contents of the vaccine I am to receive and if any are toxic to the body?
4. Can you please fully advise of all the adverse reactions associated with this vaccine since its an introduction?
5. Can you please confirm that the vaccine you are advocating is NOT experimental mRNA gene-altering therapy?
6. Can you please confirm that I will not be under any duress from you as my employers, in compliance with the Nuremberg Code?
7. Can you please advise me of the likely risk of fatality, should I be unfortunate to contract Covid 19, and the likelihood of recovery?
8. Can you please advise me if I were to experience any adverse reactions is the manufacturer of the vaccine liable? If the manufacturer isn’t liable will the company I’m currently employed with be responsible & liable as it is their request that I have the vaccine in order to carry on my employment?
Once I have received the above information in full and I am satisfied that there is NO threat to my health, I will be happy to accept your offer to receive the treatment, but with certain conditions – namely that:
1. You confirm in writing that I will suffer no harm.
2. Following acceptance of this, the offer must be signed by a fully qualified doctor who will take full legal and financial responsibility for any injuries occurring to myself, and/or from any interactions by authorized personnel regarding these procedures.
3. In the event that I should have to decline the offer of vaccination, please confirm that it will not compromise my position and that I will not suffer prejudice and discrimination as a result?
I would also advise that my inalienable rights are reserved.
The point is that if they CANNOT provide that information you’ve NOT refused.
Submitted by JS