70. Article 14, Paragraph 1, Subparagraph b of the CRPD states that States Parties shall ensure that persons with disabilities, on an equal basis with others, are not deprived of their liberty unlawfully or arbitrarily, and that any deprivation of liberty is in conformity with the law, and that the existence of a disability shall in no case justify a deprivation of liberty. Thus, Articles 41 and 42 of the MHA, which regulate mandatory hospitalization and emergency placement, does not conform to Article 14 of the CRPD. Accordingly, on August 22, 2017, the Committee for the Promotion of the Rights of People with Disabilities of the Executive Yuan resolved to place the two articles under a priority review. Pursuant to Article 10, Subparagraph 1 of the CRPD Implementation Act, legislative and administrative measures in priority review lists should be amended prior to December 3, 2017. However, draft amendments to the MHA are still under review at the Executive Yuan. They have not yet been submitted to the Legislative Yuan for examination and approval. 71. On July 29, 2021, the Executive Yuan announced Phase 2 Program (2021–2025) of Strengthening Social Safety Net. The program includes establishing six forensic psychiatric wards (each containing 30 hospital beds) and one forensic psychiatric hospital (containing 300 hospital beds)60 as designated locations for those sentenced to the disposition of custody. The wards will primarily be used to house individuals with mental disorders who have violated the law. The MOHW referenced the experiences of other states to show that the building of a forensic psychiatric hospital is not a clear inconformity with the CRPD and explained that the actual operations should be examined to determine whether the human rights of persons with disabilities are successfully protected61. Nonetheless, based on the announced plans, the NHRC cannot determine how the classification/segregation measures proposed by the Executive Yuan, which are based on the level of the risk of violence, protect the human rights of persons with mental disorders who have violated the law. Because Taiwan has incorporated the CRPD into its domestic laws, the NHRC reminds the government to comply with the principles enshrined in the CRPD when amending laws and to reference the 60 61 Approved version of Phase 2 Program (2021–2025) of Strengthening Social Safety Net released on July 29, 2021 The live webinar titled Treatment System for Persons with Mental Disorders Who Violate the Law, hosted by the NHRC on July 9, 2021. 49

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