KNOWLEDGE

COVID Passports

Morton Fraser Senior Associate Sarah Gilzean
Author
Sarah Gilzean
Partner
PUBLISHED:
23 April 2021
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category:
Blog

COVID-status certification could discriminate against some groups.

The UK government published a consultation on 15 March 2021 to inform their review on whether COVID-status certification (also referred to as 'COVID passports') could play a role in reducing restrictions on social contact and improving safety. More than 50,000 members of the public have provided their views and the on-going review will consider the ethical, discrimination, privacy, legal and operational aspects of the COVID passports. The findings are expected in June and will look at whether such passports will be required for employment and access to services.

The aim is that the COVID passports will use testing and vaccination data and as such would demonstrate an individual's vaccine status, a recent negative test, or proof of natural immunity after having contracted COVID-19 in the last six months. While it accepts that, in principle, the COVID passports could help with the easing of restrictions, the Equality and Human Rights Commission (EHRC) warns that their introduction may be discriminatory and could create a "two-tier society whereby only certain groups are able to fully enjoy their rights". EHRC also raised concerns about proposals to make vaccination a condition of employment for some workers. It said "a blanket policy requiring workers to be vaccinated, applied inflexibly, is likely to be unlawful" because there are a number of people who are not able to be vaccinated. Any mandatory vaccine policy must be objectively justified and applied in a way that is proportionate.

EHRC's response refers to those from marginalised groups where take-up of the vaccine is lower such as with some people in ethnic minority groups, migrants and people from lower socio-economic groups.  Reference is also made to concerns that those unable to have the vaccine based on medical or religious grounds may be excluded from accessing essential services, social activities and entering their workplace. This includes people with severe allergies to ingredients in the vaccine and some pregnant women. EHRC also warns that the policy would need to reflect the progress of the vaccine rollout, so it does not discriminate against younger people who have not been offered immunisation yet.

EHRC comments that if the COVID passports are introduced, they must be time-limited and regularly reviewed by Parliament to ensure that they remain a proportionate measure - i.e. striking an appropriate balance between protecting the public's health and any discriminatory implications. 

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