Rights or wrong?
Concerns raised about the legal ramifications of requiring proof of vaccination, as Victoria begins to ease restrictions.
Concerns have been raised about the legal ramifications of requiring proof of vaccination, as Victoria begins to ease restrictions, as outlined in the government’s roadmap.
In August, Prime Minister Scott Morrison said advice from the solicitor general indicated it was “unlikely” that requiring customers to be vaccinated would infringe discrimination laws.
Discrimination law expert Liam Elphick told The Guardian Australia that “choosing not to be vaccinated against COVID-19” is not a “protected attribute” in discrimination law”.
However the Australian Human Rights Commission said businesses should seek legal advice before imposing any blanket Covid vaccination policies, particularly in regards to “vulnerable” groups within the community.
Imposing blanket conditions with no exemption, for example a medical condition, may breach discrimination, the Commission advised.
Human rights
Opponents of mandatory vaccination, and the so-called vaccine "passports”, have questioned the legality of the measures, but it’s not cut and dried.
Human Rights Victoria’s website states “there is no protected attribute in the Equal Opportunity Act that directly protects a person from discrimination on the basis of their vaccination status or their opposition to vaccines.”
Although people may view their opposition to vaccination as a political belief or view, HRV said it’s unlikely that this would be a successful argument of discrimination under the Equal Opportunity Act.
The website states businesses can require customers or visitors to be vaccinated on health and safety grounds, saying under the Equal Opportunity Act, discrimination is allowed “if it is reasonably necessary to protect the health and safety of any person, or the public generally.”
Victoria’s Charter of Human Rights and Responsibilities sets out the rights people enjoy, as well as the responsibility of authorities to protect and promote those rights. This includes “the right not to be subjected to medical or scientific treatment without full, free and informed consent”.
However it warns that “human rights protected by the Charter are not absolute and can be limited in some circumstances”.
www.humanrights.vic.gov.au/resources/explainer-mandatory-covid-19-vaccinations-and-your-rights/
