in lieu of conciliation for private sectors. In other words, unlike the
NHRCK, the NHRC does not have the legal authority to abolish practices
adopted by airline companies that infringe human rights or constitute
gender discrimination, nor is it allowed to issue any administrative
remedies.
2)
The NHRC is responsible for oversight of government
agencies and providing recommendations to help abolish all
forms of discrimination
Pursuant to the Paris Principles, a state’s human rights institution
shall be given the legal status to accept a wide range of complaints and
shall be given the authority to mediate matters or issue legally binding
decisions to resolve said complaints.
However, as mentioned above, the NHRC does not currently have the
regulatory status to end discriminatory practices in the private sector,
marking a departure from the directives given in the CESCR’s General
Comment No. 10, the CEDAW Committee’s Statement on the Elimination
of Discrimination against Women, and the OSCE Office for Democratic
Institutions and Human Rights’ (OSCE/ODIHR) Handbook for National
Human Rights Institutions on Women’s Rights and Gender Equality.
Pursuant to Article 2 of the Organic Act of the Control Yuan National
Human Rights Commission, when handling complaints, the NHRC
determines whether the matter in question constitutes a systemic,
widespread discriminatory practice in society (including in the private
sector) in accordance with the equality/non-discrimination principles
provided in CEDAW and other human rights conventions. If so, the NHRC
oversees the government in the fulfillment of its national obligations set
forth under CEDAW and other conventions. Such measures may include
due diligence in investigation and taking all necessary measures to protect
people from discrimination by third parties. Finally, if structural or
systemic issues are identified, the NHRC is charged with providing the
government with regulatory or policy recommendations to strengthen the
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