Monitoring and review
Any policy that engages human rights needs to meet the test of necessity and proportionality at any given time, and should be immediately removed if it is found to no longer meet that test.
The Scottish Government will be responsible for monitoring and evaluating the policy. As the regulations have been laid under the Coronavirus Act 2020 there is a requirement to review the regulations every 21 days. The extent to which the policy is achieving the objectives will be monitored and evaluated in line with this requirement. Monitoring and evaluation will also provide us with further information about other positive and negative effects of the introduction of the policy. We will also continue to assess whether any less intrusive measures could be introduced to achieve the same combination of policy objectives in respect of the higher risk sectors concerned; if so, the policy will be immediately reviewed.
The Covid Vaccine Certification provisions will expire on 28 February 2022, as with all other Covid measures under the Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021. Parliamentary approval would be required to extend them further.
To that aim, we will continue to consider the impact of Covid Vaccine Certification on children's rights and wellbeing. This will include engaging with relevant stakeholders and we will publish further Children's Rights and Wellbeing Impact Assessments (CRWIA) if needed.
Bill - Clause:
The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2021
Aims of measure:
- Reduce the risk of transmission of Coronavirus
- Reduce the risk of serious illness and death thereby alleviating current and future pressure on the National Health Service
- Allow higher risk settings to continue to operate as an alternative to closure or more restrictive measures
- Increase vaccine uptake
Likely to impact on:
- Care experienced children
- Disabled children
- LGBT children
- ME children
- Young carers
- Children from low-income families
Compliance with UNCRC requirements:
We have detailed where the provisions engage UNCRC Articles and are of the view that the mitigations we have proposed minimise any negative impacts.
Article 3: the best interests of the child
Article 6: the right of every child to life and develop to their full potential.
Article 23: the right of a child with a disability to live a full and decent life with dignity and, as far as possible.
Article 24: the right to health and health services
Article 31: the right of every child to relax, play and take part in a wide range of cultural and artistic events.
Contribution to local duties to safeguard, support and promote child wellbeing:
The following wellbeing indicator is relevant:
Healthy: Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy, safe choices.
Achieving: Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community.
Active: Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community.