Below is a list of resources you can leverage to mount a solid case against mandated or coerced medical procedure.
This comes as the Australian Government contemplates financial coercion of Aged Care workers with regard to COVID-19 vaccination.
The below resources may also assist Aged Care facility workers and visitors hoping to challenge the current Aged Care Direction which restricts Aged Care workers and vistors from entering or remaining at aged care facilities if they have not been vaccinated against influenza.
LINKS
Fair Work Australia
Excerpt:
If an employee refuses a direction to be vaccinated, it’s unlikely that their employer can stand down the employee. Stand down is only available in certain circumstances.
Further, employers generally don’t have the power to suspend employees without pay, unless an enterprise or other registered agreement, award or employment contract allows them to.
If an employee refuses to be vaccinated, can an employer require evidence about why they’ve refused?
If an employer has provided a lawful and reasonable direction to be vaccinated and an employee refuses, the employer could also ask the employee to provide evidence of the reason for their refusal.
Where an employer wants to direct an employee to provide evidence, the employer should make sure that the requirement to provide evidence is also lawful and reasonable.
Directing an employee to provide evidence of a medical reason for refusing a vaccination is likely to raise privacy issues.
Australian Human Rights Commission
Links to anti-discrimination laws by State
ACT
NT
NSW
QLD
SA
TAS
VIC
WA
Attorney-General of Australia
"The right to health is the right to the enjoyment of the highest attainable standard of physical and mental health."
Australian Law Reform Commission
Common law - traditional rights and freedoms encroachments
INTERNATIONAL TREATIES
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
United Nations
Universal Declaration of Human Rights
United Nations High Commissioner
"COVID-19: States should not abuse emergency measures to suppress human rights – UN experts"
The United Nations Educational, Scientific and Cultural Organization (UNESCO)
“Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information”
World Medical Association
Declaration of Helsinki
Declaration of Reykjavik
Declaration of Geneva
Declaration of Lisbon
World Medical Association - Statement on human genome editing (Oct 2020)
