Logo Assembly Logo Hemicycle

Preventing vaccine discrimination

Doc. 15608: compendium of written amendments | Doc. 15608 | 13/10/2022 | Final version

Contents

A Draft Resolution
B Draft Recommendation

Compendium index

Amendment 10 Amendment 11 Amendment 12 Amendment 13 Amendment 14 Amendment 15 Amendment 16 Amendment 17 Amendment 18 Amendment 19 Amendment 1 Amendment 2 Amendment 3 Amendment 4 Amendment 5 Amendment 6 Amendment 7 Amendment 8 Amendment 9 Sub-amendment 1 to amendment 9 Amendment 20

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The Parliamentary Assembly recalls its work carried out in response to the Covid-19 pandemic and the measures taken to counter it, in particular the following resolutions: Resolution 2329 (2020) “Lessons for the future from an effective and rights-based response to the Covid-19 pandemic”, Resolution 2338 (2020) “The impact of the Covid-19 pandemic on human rights and the rule of law”, Resolution 2383 (2021) “Covid passes or certificates: protection of fundamental rights and legal implications”, Resolution 2361 (2021) “Covid-19 vaccines: ethical, legal and practical considerations”, Resolution 2424 (2022) “Beating Covid-19 with public health measures” and Resolution 2455 (2022) “Fighting vaccine-preventable diseases through quality services and anti-vaccine myth-busting”.
2The Assembly recalls that during the Covid-19 pandemic, Council of Europe member States have imposed various measures to restrict access to their territories (such as Covid passes, quarantine or self-isolation, bans on entering their territory, obligation to register or to carry out Covid-19 tests shortly before or after arrival, etc.). Some of them also decided to restrict access to public venues (such as bars, restaurants, sport and leisure facilities, event venues and others) or even to some means of public transportation.
3The Assembly recalls that, in accordance with the European Convention on Human Rights (ETS No. 5, the “Convention”), while public health may constitute a legitimate purpose justifying restrictions on the rights to respect for private and family life (Article 8), freedom of assembly and association (Article 11) and freedom of movement (Article 2 of Protocol No. 4 to the Convention, ETS No. 46), any restrictions on the aforementioned rights must be “prescribed by law”, “necessary in a democratic society” and proportionate to the legitimate aim pursued.
4The Assembly notes that compulsory vaccination can raise issues under international human rights standards, in particular the right to respect for private life (Article 8 of the Convention) and the right to give free and informed consent to any intervention in the health field, which is enshrined in the Convention for the protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Biomedicine: Convention on Human Rights and Medicine (ETS No. 164, the “Oviedo Convention”). The Assembly notes that the starting position for a vaccine is that it should not automatically be generally mandatory, but that mandatory vaccination may sometimes be appropriate; for example, for special professions such as those exposed to vulnerable populations. The Assembly also notes the cases pending before the European Court of Human Rights concerning mandatory vaccination for specific workers.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Sorin-Titus MUNCACIU, Mr Petr BYSTRON

In the draft resolution, paragraph 4, replace the last two sentences with the following sentences:

"Referring to its Resolution 2361 (2021), the Assembly reiterates that Council of Europe member States and the European Union should ensure that citizens are informed that vaccination is not mandatory and that no one is under political, social or other pressure to be vaccinated if they do not wish to do so. They should also ensure that no one is discriminated against for not having been vaccinated, due to possible health risks or not wanting to be vaccinated."

Explanatory note

This is the version suggested in the Rapporteur’s original draft. It conveys much more effectively the message that, in the view of the Assembly, vaccination should not be mandatory.

5The Assembly recalls the information document “Protection of human rights and the ‘vaccine pass’” issued by the Secretary General of the Council of Europe, the “Statement on human rights considerations relevant to ‘vaccine pass’ and similar documents” issued by the Council of Europe Committee on Bioethics (DH-BIO) and the statement “Covid-19 vaccination, attestations and data protection” issued by the Council of Europe Consultative Committee of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (T-PD).
6The Assembly notes that the use of Covid passes, and in particular of vaccine certificates, entails risks of infringements of human rights and fundamental freedoms. Those risks are further exacerbated when there are inequalities in access to vaccination against Covid-19. Moreover, the introduction and the use of Covid passes has in many instances led to distinct treatment of persons who have been vaccinated against Covid-19 and those who have not, as well as to possible discrimination between persons vaccinated with different vaccines. This may amount to unlawful discrimination within the meaning of Article 14 of the Convention if it does not have an objective and reasonable justification. The Assembly recalls that any inequality in treatment must pursue a legitimate aim and be proportionate; proportionality requires a fair balance between protecting the interests of the community (the legitimate aim) and respect for the rights and freedoms of the individual.
7Referring to its Resolution 2383 (2021), the Assembly again stresses that measures such as the introduction of a Covid pass must be applied only in a context of fighting the pandemic and in compliance with the European Convention on Human Rights. There should also be clear and well-established scientific evidence showing that the adoption of such measures lowers the risk of transmission of SARS-CoV-2 to an acceptable level from a public health point of view. Any system of Covid passes should be limited in time according to the requirements of the public health emergency. Moreover, as stressed in Assembly’s Resolution 2424 (2022), vaccination certificates should primarily be used for “their designated purpose of monitoring vaccine efficacy, potential side effects and adverse events.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Sorin-Titus MUNCACIU, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK

In the draft resolution, paragraph 7, in the first and second sentences, replace the words “the European Convention on Human Rights. There should also be clear and well-established scientific evidence showing” with the following words:

"the positive obligations under the European Convention on Human Rights. There is no clear and well-established scientific evidence showing".

Explanatory note

There is no clear and well-established scientific evidence that measures such as excluding a group of people from non-work activities have ever had an impact on public health.

8The Assembly recognises the introduction of the European Union Digital Covid Certificate (EUDCC), as an instrument for facilitating freedom of movement within the European Union within the context of the various travel restrictions during the Covid-19 pandemic, and that this type of system has also been used by numerous non-EU Council of Europe member States and other States.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, delete paragraph 8.

Explanatory note

The Covid passport has never facilitated free movement between member states. In most states, it has severely restricted participation of a specific group of people - the unvaccinated - in social activities. This discrimination is a severe infringement of the human rights of those affected.

9The Assembly notes however that the EUDCC was also used for other domestic purposes such as limiting access to certain public venues and is concerned that such practices may lead to discrimination and other violations of human rights and fundamental freedoms.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Sorin-Titus MUNCACIU, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, replace paragraph 9 with the following paragraph:

"The Assembly further notes that the European Union Digital Covid Certificate was also used to limit and to grant freedom of movement in the European Union and in some public venues. It is concerned that such practices may lead to discrimination and other violations of human rights and fundamental freedoms."

Explanatory note

This text taken from the Reporter's original draft makes it much clearer that the Covid certificate has been misused. It is our job to speak out against this.

10The Assembly notes that although the European Medicines Agency (EMA) has granted conditional authorisation for the marketing of only six vaccines, some member States of the Council of Europe administered other vaccines, including those listed only by the World Health Organisation (WHO) under its Emergency Use Listing process or approved by national authorities. The Assembly is worried that the use of Covid and vaccine passes may lead or might have led to discrimination in travelling and access to public venues between persons vaccinated with different vaccines, including those which have been approved only by the EMA, and those which have been listed only by the WHO.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Sorin-Titus MUNCACIU, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, paragraph 10, first sentence, replace the word "listed" with the following word:

"approved".

Explanatory note

Back to the draft report. This is an important clarification. Approving is stronger than simply "listing" vaccines.

11The Assembly notes with satisfaction that the recognition of WHO-listed vaccines is now more and more widely accepted within the European Union. However, European Union member States are free to limit access to public venues and to impose additional restrictions on non-European Union citizens’ access to their territory, which may lead to discrimination.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, replace paragraph 11 with the following paragraph:

"The Assembly notes with satisfaction that the recognition of WHO-approved vaccines is now more and more widely accepted within the European Union. With European Union member States free to limit access to public venues and to impose additional restrictions on non-European Union citizens, however, this may lead to discrimination and to other violations of human rights and fundamental freedoms."

Explanatory note

It must be made clear that limitations on the movement of individuals can lead to discrimination and human rights violations.

12In the Assembly’s view, vaccination against Covid-19 has made a major contribution to overcoming the pandemic. This has facilitated the lifting of various Covid-19 related restrictions and therefore indirectly restored the full enjoyment of many fundamental freedoms. Nevertheless, the pandemic is not yet over and new infringements on human rights and fundamental freedoms may still occur in the future. The Assembly therefore calls on all the member States to:

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, paragraph 12, delete the second sentence.

Explanatory note

The victory over the pandemic has, if anything, been accompanied by restrictions. There are still fundamental freedoms that are being ignored.

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, paragraph 12, third sentence, replace the words "and new infringements on human rights and fundamental freedoms may still occur in the future" with the following words:

"and new public health measures may be necessary in the future which risk leading to infringements on human rights and fundamental freedoms"

12.1refrain from imposing further restrictions to individuals’ human rights and fundamental freedoms, unless it is strictly necessary to achieve the legitimate aim pursued. All restrictions must be compliant with the requirements stemming from the Convention and the case law of the European Court of Human Rights, namely that they must be prescribed by law; they should be in force for the shortest possible time; they must be proportionate to the pursued aim; and they must be effective;
12.2take full account of the latest scientific evidence and expert knowledge, including that from WHO, when deciding on restrictions to human rights and fundamental freedoms or on relaxation of such restrictions;
12.3treat equally all people vaccinated against Covid-19 by a vaccine approved either by the EMA or listed by WHO, whose evaluation under the Emergency Use Listing procedure enables a thorough assessment of the quality, safety and effectiveness of vaccines;

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

In the draft resolution, replace paragraph 12.3, with the following paragraph:

"treat all people equally, whether unvaccinated or vaccinated against Covid-19 by a vaccine approved either by the EMA or by the WHO, whose Emergency Use Listing procedure enables a thorough assessment of the quality, safety and effectiveness of vaccines;".

Explanatory note

Inclusion in the emergency use list is an unnecessary restrictive condition. In addition, human rights require that we treat everyone equally and not discriminate based on vaccination status.

12.4mutually recognise Covid passes issued by other Council of Europe member States;
12.5refrain from preventing individuals from exercising their human rights and fundamental freedoms because they have not been vaccinated or because they have been vaccinated with a vaccine which is not approved by the EMA;
12.6avoid discrimination between those who have been vaccinated against Covid-19 and those who have not or cannot be vaccinated, either for medical or other reasons;

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, replace paragraph 12.6 with the following paragraph:

"avoid unlawful discrimination between those who have been vaccinated against Covid-19 and those who have not or cannot be vaccinated, either for medical reasons or because they are minors;"

12.7avoid discrimination between people vaccinated against Covid-19 with different vaccines approved by different organisations;

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, delete paragraph 12.7.

.

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, after paragraph 12.7, insert the following paragraph:

"refrain from imposing restrictions that undermine the right to seek asylum, which is a basic human right, and replace the requirement of having a valid Covid pass with testing, quarantine, access to vaccination and/or other reasonable and proportionate measures;"

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, after paragraph 12.7, insert the following paragraph:

"follow WHO advice and refrain from imposing blanket travel bans, which have proven to be ineffective from a public health perspective, and which may interfere with the right to family life and, in cases concerning children, with the best interests of the child, and disproportionately impact individuals and families from countries that have been undermined in equitable access to vaccines;"

12.8discontinue the use of Covid passes for other uses than those which are strictly necessary to achieve a legitimate purpose.

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT

If adopted, amendment 6 falls.

In the draft resolution, replace paragraph 12.8 with the following paragraph:

"discontinue the use of Covid passes to control access to public venues and various services."

Explanatory note

We must call for Covid passes to be discontinued altogether. The only legitimate goal that should be pursued is the restoration of freedoms.

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

Falls if amendment 18 is adopted.

In the draft resolution, paragraph 12.8, replace the words "legitimate purpose" with the following words:

"legitimate public health purpose"

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"work together with organisations dealing with undocumented migrants to ensure that they have equal access to vaccination, with particular regard to the challenges which undocumented migrants may face, such as not having a social security number, a national identity number, or in some cases a home address. Due consideration should also be given to the situation of undocumented migrant children who are unaccompanied or separated from their parents, bearing in mind the need for their informed consent. The Assembly calls on member States to adopt specific safeguarding policies to ensure that personal data is not transmitted to immigration authorities;"

13 October 2022

Tabled by Mr Christophe LACROIX, Mr Fourat BEN CHIKHA, Mr Max LUCKS, Mr Ahmet Ünal ÇEVİKÖZ, Ms Marina BERLINGHIERI, Ms Heike ENGELHARDT, Mr Axel SCHÄFER, Mr Fabian FUNKE, Mr Domagoj HAJDUKOVIĆ, Ms Marica MONTEMAGGI, Mr Givi MIKANADZE, Mr Stefan SCHENNACH

In the draft resolution, after paragraph 12.8, insert the following paragraph:

"Ensure that the design and implementation of national vaccination plans and rollouts secure an ethical and equitable distribution of vaccines and avoid any discrimination on the basis of age, health, gender, race, religion, legal or socio-economic status, ability to pay, location and any other factor. Priority access should be given to groups in vulnerable situations, including persons over 65 years old and those under 65 with underlying health conditions."

13The Assembly calls on Council of Europe member States which have not yet ratified the Oviedo Convention and/or Protocol No. 12 to the European Convention on Human Rights (ETS. No. 177) to do so without delay.
14The Assembly also calls on Council of Europe member States which do not belong to the European Union to recognise the European Union Digital Covid Certificate.
15The Assembly invites the European Union and its member States to:
15.1refrain from imposing additional restrictions to free movement, including to that of EUDCC holders, unless strictly necessary to achieve a legitimate purpose;

13 October 2022

Tabled by Mr Norbert KLEINWÄCHTER, Mr Harald WEYEL, Mr Bob De BRABANDERE, Mr Martin GRAF, Ms Nicole HÖCHST, Mr Petr BYSTRON, Mr Tomasz LATOS, Ms Iwona ARENT, Mr Arkadiusz MULARCZYK

If adopted, amendment 8 falls.

In the draft resolution, paragraph 15.1, delete the following words:

"unless strictly necessary to achieve a legitimate purpose".

Explanatory note

The preliminary draft version is more in line with the requirement to prevent vaccine discrimination.

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

Falls if amendment 19 is adopted.

In the draft resolution, paragraph 15.1, replace the words "legitimate purpose" with the following words:

"legitimate public health purpose"

15.2require the EUDCC only as a measure of last resort and to reassess its usefulness on a regular basis in the light of an epidemiological assessment;
15.3elaborate common standards as regards the length of validity of the EUDCC;
15.4respect the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, when implementing Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, and other related EU legal acts.

13 October 2022

Tabled by the Committee on Social Affairs, Health and Sustainable Development

Votes: 38 in favor 1 against 2 abstentions

In the draft resolution, after paragraph 15.4, insert the following paragraph:

"develop the necessary technical solutions to recognise proof of recovery from Sars-CoV-2 from a country other than a person's usual place of residence, so that this can be added to their certificate."

13 October 2022

Tabled by the Committee on Legal Affairs and Human Rights

In amendment 9, delete the following words:

", so that this can be added to their certificate."

16Finally, the Assembly calls on all Council of Europe member States and other States to:
16.1ensure proper funding to WHO;
16.2submit their national regulatory systems to the WHO Global Benchmarking Tool in order to allow them to become WHO-listed authorities.

BDraft Recommendation

1Referring to its Resolution …. (2022) “Preventing vaccine discrimination”, the Parliamentary Assembly recommends that the Committee of Ministers:
1.1establish a list of human-rights compliant and effective practices as regards the use of passes during the Covid-19 pandemic, with a special focus on the purposes for which they were used, the conditions under which they were issued and the period of their validity;
1.2reflect on the impact of Covid passes, and in particular vaccine passes, on human rights and fundamental freedoms, and consider how best to ensure that such measures do not constitute discriminatory practices in light of Article 14 of the European Convention on Human Rights (ETS No. 5);
1.3exchange information on these issues with other international organisations such as the United Nations, the World Health Organisation and the European Union, and reflect, in co-operation with them, on the need to establish further common standards on measures to counter the Covid-19 pandemic.
1.4provide input to the Intergovernmental Negotiating Body to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response, with the aim of ensuring its compatibility with Council of Europe human rights standards.