Vaccine Mandates: Human Rights Destroyed by Emergency Declarations

In light of Professor Brendan Murphy’s, the Secretary Department of Health & Aged Care, evidence during the June estimates that mandates are no longer justifiable, I asked the Human Rights Commissioner, Lorraine Finlay, for their latest guidance on COVID vaccine mandates.

Commissioner Finlay’s response was that this advice has not changed throughout the COVID response in terms of general human rights principles. What this means is that although governments can restrict individual human rights in an emergency, those restrictions need to be proportionate, non-discriminatory and targeted to risk.

This goes to the heart of the problem. Decisions were made that put Australia onto an emergency footing in 2020. Yet this has dragged on beyond what is reasonable. The response has not been proportionate to the risk of the COVID infection, which the Chief Medical Officer in March of 2021 admitted was low to moderate.

Discrimination remains to this day against those who exercised their right to say no to injections, despite the coercion. We must have a system in place whereby civil liberties are rightfully returned. The Australian Human Rights Commission should be at the forefront of calling for this, yet they appear to be captured, with the exception of Commissioner Finlay, who has come out strongly in support of human rights principles.

Commissioner Finlay is looking forward to the COVID Inquiry that was recently announced, after the Senate approved my motion to establish an inquiry to recommend and report on the Terms of Reference for a COVID-19 Royal Commission. She sees the need not only to look at the economic and scientific impacts and advice that were given throughout the COVID response, but the human cost too.

Transcript

CHAIR: Senator Roberts, do you want to see if you can get some questions done?

Senator ROBERTS: Yes. As the chair said, my questions are fairly short and straight to the point. What is the latest guidance from the commission on COVID vaccine mandates? Where was that published?

Ms Finlay: I would refer you to the answer we gave you in relation to this at the previous estimates. The advice remains the same in terms of the general human rights principles that we rely on in our approach to both
vaccine mandates and all other restrictions that were imposed during the COVID-19 pandemic.

Senator ROBERTS: I must compliment you here and express my appreciation and admiration for your stand on being so clear on the Voice and on misinformation and disinformation. I also want to thank everyone for being here tonight so I could do that. Are you aware of the evidence from the Secretary of the Department of Health and Aged Care, Professor Brendan Murphy, at the previous estimates in regard to COVID mandates?

Ms Finlay: In a general sense.

Senator ROBERTS: On 1 June, Professor Brendan Murphy said – at this stage in the pandemic there is little justification for vaccine mandates. That is the most senior health bureaucrat in the country who said that. There doesn’t seem to be any updated guidance from the commission on vaccine mandates despite the fact they are still in effect at employers and are clearly a breach of human rights that’s not proportionate to any supposed benefit. Why haven’t you come out clearly on this issue?

Ms Finlay: I would answer that in two respects. The first is that the guidance in terms of the general human rights principles remains the same. We are not medical experts. I think we discussed that at the previous estimates. Our advice is based on those general human rights principles where in emergency situations governments can restrict human rights but those restrictions need to be proportionate, nondiscriminatory and targeted to risk. So the advice remains the same because of the general principles of international human rights law that we rely on in informing our views about these things and those don’t change.

Senator ROBERTS: So you as a commission essentially follow blindly? The Chief Medical Officer advised me in March 2021 that the severity of COVID was low to moderate, not severe. So it was not a crisis.

Ms Finlay: No, our advice doesn’t follow blindly. Again, I would refer back to the evidence we gave previously and note that, for example, the most recent TGA advice in relation to their vaccination safety report
repeated the same advice that we discussed at the previous estimates in terms of the benefits of the vaccination outweighing the risks. It’s on the basis of that that the general principles of human rights law then apply.

Senator ROBERTS: I appreciate that you probably haven’t got any latitude to investigate, but the TGA told me at Senate estimates in February, I think, that they did not test the injections. They relied on the FDA in
America, which did not test injections. It relied on Pfizer, which shut down the trial because of the horrendous results.

Ms Finlay: I can’t provide any information on that—

Senator ROBERTS: No, I wasn’t expecting that. I’m just—

Ms Finlay: but I would refer to the second aspect of the answer that I was meaning to get to, which is that we welcome the opportunity for these issues to be explored at the COVID-19 inquiry that’s been announced. Certainly we have made public comments in relation to that inquiry about the need to not only look at the economic and scientific impacts of advice that was given throughout the pandemic but at the human cost of the
pandemic as well.

Senator ROBERTS: That’s refreshing to hear. Thank you.