The NZ Human Rights Commission on Vaccine Certificates and the COVID 19 Response

Some noteworthy excerpts from the HRC document on NZ’s COVID-19 response initiatives. The discerning reader will note a number of issues on which the NZ Government should be brought to account, especially regarding the use and misuse of Vaccine Certificates and the “Traffic Light Scheme”. All emphasis and highlighting is mine. Martin

The information has been drawn from an analysis
of recent complaints to the Human Rights
Commission, which have more than doubled

since the appearance of the Delta variant three
months ago. The Briefings also come after careful
assessment of all arguments in terms of the
respective issues, and after seeking advice from
outside the Commission on specific issues…

…International human rights law principles set
out when and how public health measures may
limit rights. Such measures must be specifically
aimed at preventing disease. They must also be
provided for, and carried out in accordance with,
the law and be strictly necessary in a democratic
society
to achieve their objective. They must be
proportionate, reasonable, non-discriminatory,

…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...

Businesses, events, organisations, community,
and a range of sectors may legally choose to
implement
a vaccination entry requirement for
customers…

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 time bound, lasting no longer than strictly necessary.

…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

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.

…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.

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.

READ THE FULL DOCUMENT AT THE LINK:

Specific_Conditions_Briefing_-_upholding_human_rights_protections_in_the_use_of_vaccination_certificates_under_Aotearoas_proposed_Covid-19_Protection_Framework.pdf (hrc.co.nz)

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Martin Harris

I have a lovely partner and 3 very active youngsters. We live in the earthquake ravaged Eastern Suburbs of Christchurch, New Zealand. I began commenting/posting on Uncensored back in early 2012 looking for discussion and answers on the cause and agendas relating to our quakes. I have always maintained an interest in ancient mysteries, UFOs, hidden agendas, geoengineering and secret societies and keep a close eye on current world events. Since 2013 I have been an active member of theCONTrail.com community, being granted admin status and publishing many blogs and discussion threads. At this time I'm now helping out with admin and moderation duties here at Uncensored where my online "life" began.

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