This evidence would determine their eligibility for legal aid 53 under Article
14 of the Legal Aid Act . However, undocumented migrant workers who need
legal aid might be denied assistance due to an inability to produce a visitor
visa, ARC, APRC, or other documentation proving legal residency. Therefore,
the NHRC suggests a fair review of these regulations to accommodate such
circumstances.
B. Interpretation system
43. In the Independent Opinion on Taiwan’s 4th National Report under CEDAW in
2022, the NHRC pointed out that the inefficiencies in the judicial interpretation
system (due to the poor quality of interpreters and their rendering) may
hinder access to justice for female migrant workers and immigrants who have
been sexually assaulted. For a long time, the judicial courts, police authorities,
and immigration authority have operated independently. No single authority
oversees the interpretation system, which has led to considerable disparities
in interpreters’ salaries, benefits, and the quality of their services. 54 The
Independent Opinion has identified similar situations involving inadequate
protection of the judicial rights and interests of indigenous peoples, new
immigrants, and migrant workers, which are detailed as follows:
(a) Indigenous peoples
44. The Indigenous Peoples Basic Law and Indigenous Languages Development
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Article 14 of the Legal Aid Act states that the provisions of this Act also apply to the following non-citizens of Taiwan: (1)
Individuals who legally reside in Taiwan; (2) Individuals who have lost their residency rights due to reasons not attributable
to themselves; (3) Victims or suspected victims of human trafficking; (4) Non-residents of Taiwan who have previously
received assistance from the Legal Aid Foundation due to the same factual circumstances; (5) Non-residents of Taiwan
who, under Taiwan law, can exercise rights for another person who died after receiving assistance from the Legal Aid
Foundation due to the same factual circumstances; (6) Non-residents of Taiwan, who under Taiwan law, can exercise rights
for another person who has passed away due to an occupational incident; (7) Other conditions as determined by the Legal
54
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Aid Foundation. The Legal Aid Foundation will determine the methods for reviewing the above conditions.
See §12 of NHRC’s Independent Opinion on the 4th CEDAW in 2022.