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Kia ora Ms Evans,
Thank you for your email. 
The Ministry of Health does not have a 'position statement in relation to
using the pandemic response to deny children their rights as set out by
the UN convention on the rights of the child please or in it's absence
minutes of meetings that have outlined the Ministry of Health's thoughts
on this topic.'
While the Act allows New Zealanders to ask for information from Ministers
and government agencies, there is no requirement for agencies to create
new information, compile information they do not hold or provide or prove
an opinion. The Act does not support requests where an opinion, comment,
argument, or hypothetical statement is put to the Ministry for response,
couched as a request for information. These questions are therefore
refused under section 18(g) of the Act on the grounds that the information
sought is not held by the Ministry. 

Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602. 

Ngā mihi 

OIA Services Team 

  

[2]Ministry of Health information releases 

[3]Unite against COVID-19 

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From: Ms Evans <[FYI request #18225 email]>
Sent: Tuesday, 18 January 2022 12:32
To: OIA Requests <[email address]>
Subject: Official Information request - Position statement on UN
convention on the rights of the child and local restrictions to public
facilities for children not vaccinated against Covid-19
 
Dear Ministry of Health,

I am specifically concerned about the erosion of children's rights (right
to be free from discrimination, rights to freedom of thought and
expression, right to education, cultural rights) in light of the current
pandemic response.  This is evidenced through  restrictions being placed
on unvaccinated children (as per OCC age guidelines) such as entry to
public facilities including; libraries, museums and swimming pools.

On the 25th of November 2021 you published a "position statement on
routine pre-consultation testing of unvaccinated individuals in healthcare
settings".

In relation to this document this statement was issued:

"The Ministry is of the view that in most cases, with vaccinated staff and
other precautions in place, that the risks are unlikely to be high enough
to provide sufficient justification to not follow the Code. In other
words, denying access to health care on the basis of vaccination status is
unacceptable.

This statement used in health care clarified the Ministry of Health's
position and help steer health responses at a local level when many were
looking to provide a two tiered system.  

I am requesting a copy of the Ministries position statement in relation to
using the pandemic response to deny children their rights as set out by
the UN convention on the rights of the child please or in it's absence
minutes of meetings that have outlined the Ministry of Health's thoughts
on this topic.

Children have a fundamental and unalienable set of rights including a
right to education (which occurs in more places than outside of a
classroom eg: swimming lessons and libraries) and I imagine in most cases
"with vaccinated staff and other precautions in place, that the risks are
unlikely to be high enough to provide sufficient justification to not
follow the [UN convention on the rights of the child]. In other words,
denying access to [education in all it's forms]  on the basis of
vaccination status is unacceptable.

Yours faithfully,

Ms Evans

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