Covid-19 “vaccine passport” discourses : an exploratory study of 23 countries

Abstract

This comparative study looks into the proposed “vaccine passport” initiative from various human rights aspects. It was undertaken by the Global Digital Human Rights Network, an action started under the EU’s Cooperation in Science and Technology programme. The network currently unites more than 80 scholars and practitioners from 40 countries. The findings are based on responses to questions put to the network members by the authors of this study in February 2021 (questions attached in Annex I). We acknowledge individual contributions from colleagues (listed in the table of contributors above), whose views are sometimes presented in a generalised fashion. The study concentrated on the availability of a legal framework for the proposed “vaccine passport”, whether such a “passport” would create binding obligations in the public and private sectors or, alternatively, what would be the scope of discretion allowed to public and private entities to make their decisions affecting rights holders’ access to various services. The attitudes prevalent in different states and in the media were also analysed, along with the aspects that need to be considered to avoid potential human rights violations. There has been no thorough analysis in most countries as to whether a normative national basis exists to restrict fundamental rights through the requirement of having a “vaccine passport” to access certain locations or services. Compatibility of the proposed passport with European and/or international human rights rules and principles is a marginal issue in public discourse. Conceptualisation about such compatibility remains general and theoretical, and has not reached the level of practicality and effectiveness. Most countries have not enacted concrete legislative acts or provisions to deal with a pandemic of this scale and magnitude. [Excerpt from Introduction and Synopsis]