While many New Zealanders will look forward to enjoying more freedom with the removal of COVID-19 protections, it is vital that the rights of people who experience more risk are protected, Human Rights Commissioner Saunoamaali'i Karanina Sumeo says.

“The end of the COVID-19 Protection Framework exposes disabled people and those with health conditions to greater risks.”

Sumeo says we can support each other by choosing to wear masks on public transport or at public indoor gatherings and respecting people who wear masks either for their own or their loved one's protection.

Healthcare and health protection are fundamental human rights. Yet, disabled people face poorer health outcomes than non-disabled people, partly due to the barriers preventing access to health (poverty, transport, inaccessible facilities, not always seeking medical attention).

“With our health system under stress, these barriers are exacerbated,” says Sumeo.

“We know some disabled people were already choosing to self-isolate under the Traffic Light system and we need to make sure that people continue to have access to protective measures (for example, masks, PPE) and reliable and safe support.”

If you receive a disability support service, you should be involved in the decisions about how you continue to receive support and how that will be done safely.

Tāngata Whaikaha (Māori disabled people) have the right to be linked to both Māori and disability response teams.

“Asking families to provide additional support to fill gaps is not an option for many people.”

The Human Rights Commission’s urgent inquiry into the impact of the Omicron response recommended that specific measures be put in place due to the greater risk to many disabled people and tāngata whaikaha Māori of contracting COVID-19. Risks such as disruptions in services, access to essential services and the need for tailored information were also identified.

This recommendation is still valid with the reduction in protections, says Sumeo.

With the elimination of the COVID-19 Protection framework, the Human Rights Commission recommends:

· there should be free, good quality masks for immune-compromised and disabled people and whānau;

· information should be available immediately to disabled people in alternative formats, including on the eligibility for anti-viral medication;

· clarity is given on the definition of disability-related residential care and if community services are included in mask mandates;

· information on what comprehensive support is being considered for schools and immune-compromised students and teachers;

· a plan for any future service disruptions of disability support services due to any future variants;

· communications supporting people’s choice to continue to wear masks - given international experiences of harassment when mask mandates are removed;

· support workers and carers wear masks when visiting disabled and immune-compromised people in their homes.

Information on your rights

The Code of Code of Health and Disability Services Consumers' Rights states you have the right to services that respect your dignity and independence and to make an informed choice.

If this is not happening, you can complain to contact the Health and Disability Commissionhere.

If you believe your employer is not protecting the health and safety of workers, customers or other people who visit the workplace, you have rights under the Health and Safety at Work Act.See Worksafe’s website for more information.

Disabled employees also have the right to reasonable accommodation in the workplace. This means a disabled employee can seek changes to work arrangements that would make work safe and accessible. For example, if your impairment or other health condition makes it less safe for you to return to work you could seek an arrangement that enables you to continue working from home. You can read more in the Human Rights Commission’sReasonable Accommodation Guide.

If you believe you have been unlawfully discriminated against you can contact the Human Rights Commission for advice and information on the dispute resolution process.

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