Article 5 Measures to Safeguard Various Rights
settlement with the victim’s family during court proceedings,51 resulting in the
family receiving compensation. The victim’s family expressed that it would
have been difficult for them to navigate the complexities of the legal process
for seeking compensation across national borders without the assistance of
Taiwanese NGOs.
41. Recommendations: The NHRC has expressed concern about the difficulties
encountered by migrant workers and their families when seeking
compensation across national borders. The principle of reciprocity,
entrenched in the current State Compensation Law , does not completely
align with contemporary standards pertaining to human rights protection,
equality principles, and the spirit of international conventions. The Executive
Yuan has already proposed an amendment to the State Compensation Law 52
which seeks to remove this principle of reciprocity. This would ensure that
everyone in the country has an equal right to claim compensation regardless
of nationality. The legislative process to enact these amendments should be
expedited.
42. In 2019, the Judicial Yuan conducted an audit of the Legal Aid Foundation’s
K a o h s i u n g b ra n c h , a s d o c u m e n te d i n t h e i r r e p o r t . O n e o f t h e i r
recommendations stated that when foreign nationals apply for legal aid,
they should be required to provide proof of their legal residency in Taiwan.
51
It should be noted that before the amendment of the Act Governing the Use of Police Weapons in 2022, compensation
for any injury, death, or property damage caused by the use of police weapons was handled by the respective level of
government. Compensation could consist of medical expenses, solatia, indemnity, or funeral expenses and was not
52
handled in accordance with the regulations of the State Compensation Law .
According to the Ministry of Justice’s written reply dated March 16, 2023, considering that the protection of human rights
has become a universally valued principle respected by countries worldwide, the reciprocity-based provisions of the State
Compensation Law do not entirely align with modern principles of human rights protection, equality, and the spirit of
the International Covenant on Civil and Political Rights. Therefore, the Executive Yuan has submitted a draft amendment
to the State Compensation Law that proposes removing restrictions that are based on the principle of reciprocity for
deliberation in the Legislative Yuan.
33