Modern Australian
The Times

How far should compulsory proof of vaccination go — and what rights do New Zealanders have?

  • Written by Claire Breen, Professor of Law, University of Waikato
How far should compulsory proof of vaccination go — and what rights do New Zealanders have?

With greater numbers of people being vaccinated and countries looking to reopen borders safely, the introduction of some form of vaccine passport seems increasingly likely.

For New Zealand, where the elimination strategy has been largely successful but which remains vulnerable to border breaches, proof of vaccination may well be a condition of entry.

Health Minister Chris Hipkins has said this would be “almost an inevitability” within the next year. Air New Zealand is one of a number of airlines already trialling the IATA travel pass initiative.

Some countries are also requiring “health passes”, mandatory proof of vaccination or a negative test, including for indoor events (such as sports games and concerts) and hospitality — triggering anti-restriction protests in the process.

In Britain, the Royal Society has warned of the potential of vaccine passports to restrict the freedoms of some individuals, or to create a distinction between individuals based on health status.

Furthermore, vaccine passports use sensitive personal information, and recent cyber attacks on health sectors in New Zealand and overseas are a reminder that data security is not always guaranteed.

Vaccine passports aren’t new

We should remember, however, that freedom of movement across borders has been routinely regulated throughout history. Modern passports for international travel have been in use for over 100 years.

Proof of vaccination is nothing new, either. Some countries have required certificates for yellow fever vaccination for a number of decades, and the World Health Organization’s “yellow card” vaccination document is familiar to many international travellers.

Read more: France’s Covid health pass raises serious ethical questions

In New Zealand, immunisation registers document vaccination records for public health purposes. And in Australia, a “No Jab No Play/No Jab No Pay” policy governs eligibility for child welfare payments.

Rights and freedoms in a public health emergency

The right to freedom of movement is recognised in the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, as well as in other core UN human rights treaties that New Zealand has accepted.

The New Zealand Bill of Rights Act also includes the right to freedom of movement.

But border closures and lockdowns clearly demonstrate that this right can be limited, although this “must be necessary and have a legitimate aim, be proportionate and be based in law”.

In reality, any requirement that citizens use vaccine passports or passes will involve balancing various rights.

Read more: Before we introduce vaccine passports we need to know how they'll be used

Competing rights and duties

Limiting the right to freedom of movement can be justified on the grounds of public health. The International Covenant on Economic, Social and Cultural Rights actually requires states to prevent, treat and control epidemic diseases as one means of ensuring the right to the highest attainable standard of health.

Because the New Zealand Bill of Rights Act also permits demonstrably justifiable restrictions on the right to freedom of movement, the various COVID-19 measures adopted by the government under the Health Act had to meet that requirement.

Read more: How would digital COVID vaccine passports work? And what's stopping people from faking them?

And Te Tiriti o Waitangi underpins the principle of active protection that “requires the Crown to act, to the fullest extent practicable, to achieve equitable health outcomes for Māori”.

While the New Zealand Bill of Rights Act does not contain a right to privacy, one of aims of the Privacy Act is to give effect to international obligations and standards, including the International Covenant on Civil and Political Rights.

No grounds for discrimination

Any initiatives to introduce vaccine passports or health passes must be underpinned by the right to be free from discrimination, as provided for in international human rights law, as well as the New Zealand Bill of Rights Act. The Human Rights Act prohibits discrimination on the basis of physical illness.

These requirements extend to the private sector, with particular rules at play around the provision of goods and services and access by the public to places, vehicles and facilities — an exception to the latter being the risk of infecting others with an illness.

Read more: Are COVID-19 vaccine passports fair?

But it’s not only a question of avoiding discrimination. Just as there have been questions about equitable access to COVID-19 vaccines themselves, universal access to the digital technology underpinning passports or passes presents a challenge.

More generally, as a recent UN report warned, “big data and artificial intelligence are entrenching racial inequality, discrimination and intolerance”.

Ultimately, it will be a balancing act, not a case of absolutes.

Digital vaccination certificates will help in the effort to reopen borders and protect public health. But there are significant implications for our rights as individuals. Careful and transparent decisions will be crucial.

Authors: Claire Breen, Professor of Law, University of Waikato

Read more https://theconversation.com/how-far-should-compulsory-proof-of-vaccination-go-and-what-rights-do-new-zealanders-have-165317

The Everyday Wear and Tear Most Warehouse Storage Systems Experience

The modern warehouse is a dynamic, high velocity environment where industrial storage structures are subjected to immense, continuous physical stres...

Why Pendant Lights Continue To Be A Popular Choice In Modern Interiors

Lighting has become an essential design element in modern homes, influencing both the appearance and functionality of interior spaces. Many homeowne...

How Whiteboard Supports Structured Communication In Work And Learning Environments

Clear communication and structured planning are essential in both professional and educational settings, which is why a whiteboard remains a practi...

How A Cardboard Box Manufacturer Supports Modern Packaging Needs

Packaging has become an essential part of modern business operations across retail, manufacturing, logistics, and e-commerce industries. Many busine...

How Pallet Racking Helps Businesses Improve Warehouse Operations

Efficient warehouse management depends on reliable storage systems that support organisation, safety, and productivity. Many businesses use pallet rac...

Why I/O Controller Is Essential For Efficient Industrial Automation Systems

Modern industrial systems rely heavily on automation and precise data exchange, which is why an I/O controller plays a critical role in ensuring sm...

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...