The SA Human Rights Commission (SAHRC) is awaiting complaints about the Covid-19 vaccination records, which the government is considering to allow access to certain locations.
“We assume that we have complaints obtain . How we intervene depends on how the passport is used, “said SAHRC Chairman, Prof Venues.
said in an address to the nation.
” If the vaccination record is used, to say, ‘If you don’t vaccinate, you don’t go to school or you can’t go to the clinic’ it can be problematic as you will be faced with a situation where the passport seems to interfere with an existing right “Said Majola.
He said the issuance of a vaccination record must meet the requirements of Section 36 of the Constitution, which states that rights are enforced by a law of general application that” in an open and democratic society is reasonable and justifiable on the basis of dignity, liberty and equality “.
” In my opinion, something bigger than a law would be needed, and even if there was, such a law would have to meet the requirements of Section 36 that it is a justified That there is no other means than a vaccination record to withdraw this right, “said Majola.
He said the commission has already received complaints from people that employers are threatening to grant them vaccinate or lose their job.
“We have received complaints from people that the employer is threatening to evict them from the accommodation they have provided if they do not vaccinate.
< p> “Others say, ‘It’s okay if you don’t want to vaccinate, but every time you come to work you have to present a new laboratory certificate that proves that you are not Covid-19 positive.” / p>
He said in one case they got engaged to the employer, who then withdrew an instruction requiring employees to vaccinate.
Regarding people who argued that the Fundamental Rights Ordinance protected her from being forced to vaccinate, Majola agreed that s He gives everyone the right to control their bodies.
“The Fundamental Rights Ordinance also states that you have the right to refuse to use your body for medical experiments.
” The Fundamental Rights Ordinance goes further, however, and says that everyone has a right to an environment that does not harm their health or well-being.
“If you say you have a right not to vaccinate, but if you do pose the risk of infecting other people, the question becomes: Are we then only protecting your rights? What about other people’s right to life? We have to balance these rights … People tend to look at a right and forget that other people around them also have rights. ”