Call for unvaxxed to complain to Human Rights Commission

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First published by Freedoms & Rights Coalition (abridged)

We now have many vaxxed people who believe they have every right to look down their noses and ostracise a particular class of people in New Zealand.

Many vaxxed feel increasingly awkward with the discrimination beginning to unfold. This is only the tip of the iceberg with what’s about to unfold.

The Chief Human Rights Commissioner has also raised his concerns about how this new Traffic Light System law was railroaded through in Parliament.

If you take a gander at the Human Rights Commission website, it makes for some interesting reading concerning our rights under Covid-19. Here’s just a couple of excerpts:

  • Even in times of crisis, people have human rights that safeguard their dignity. Even in times of emergency, human rights place binding obligations upon the Government to abide by commitments they have made.
  • The Government has obligations to limit the spread of Covid-19, but restrictions must be necessary, proportionate and respectful of human dignity. The Government has Te Tiriti o Waitangi and human rights obligations to protect people’s economic and social rights, as well as their civil and political rights.
  • Vaccination status 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 vaccination status certificates require intensive attention to pre-empt potential discrimination and monitor distribution to ensure equality and avoid discrimination.
  • It is essential that the Government’s framework for the use of vaccination status certificates takes 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.
  • 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)…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.

We’d strongly encourage you to research and read all of the info on the Human Rights Commission website here.

All of us, now urgently need to state our case to the Human Rights Commission. We need to all document and report every time we suffer discrimination and are refused access or services under this new Traffic Light System. Let’s prove the severity of this new form of discrimination by overwhelming the Human Rights Commission with complaints. Let’s run the lights!

We’d encourage you to take the following steps:

Human Rights Commission complaint process

Step 1: If you are kicked out of an establishment, restaurant, school, shop, sports team, club, church, organisation etc or receive diminished service, document it. Ideally, take live video footage of the incident. Record the business name, address, contact details, and the time and date of the incident.

Step 2: Contact the Human Rights Commission through either of the following methods:

Step 3: Retain a copy of your complaint made to the Human Rights Commission and email it to the Freedoms & Rights Coalition at office@tfrc.org.nz with the subject heading ‘HRC Complaint’ so we can collate and present an overarching case to the Human Rights Commission on 16th December 2021, requesting for these cases to be urgently attended to.

Step 4: You should proceed through the Human Rights Commission process

Step 5: The Human Rights Commission will contact you within 15 days and arrange mediation with the other party. If that mediation does not work you can also take your case to the Human Rights Review Tribunal.

Step 6: The Human Rights Review Tribunal will serve the other party with papers.

Step 7: The other party that rejected you will think they can win in court, but they will have to spend great personnel, time and financial resources to achieve this.

Step 8: The Office of Human Rights Proceedings (OHRP) provides free legal representation to complainants to take selected discrimination cases to the Human Rights Review Tribunal.

Step 9: Judges could force the other party to pay. After all, the Human Rights Commission should remind them no business, private or public, can discriminate against anyone based on religion, race or any health reasons because it is illegal.

Step 10: Everyone could overwhelm these businesses/organisations enforcing vaccine passes with these Human Rights complaints that they will choose to abandon checking vaccine passes by allowing everyone inside and not turning anyone away.

Any business/organisation enforcing the vaccine passes should have to face the consequences for breaching our human rights, and they will not be able to handle the sheer volume of cases they receive.

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