interpret "the people of the Republic of China" in Article 7 as encompassing all individuals within the R.O.C., which aligns with the Constitution's intent to protect fundamental human rights and avoid conflicts with other constitutional provisions. Furthermore, Article 141 of the Constitution could serve as a reinforcing basis for this interpretation, allowing for the incorporation of international human rights law into the domestic legal order as binding norms. 1 Denying non-citizens equal protection under the Constitution would not only contradict international human rights covenants and the norms of civilized nations but also undermine the value of fundamental rights protections for non-citizens. However, equal treatment does not necessarily imply identical treatment for non-citizens and R.O.C. citizens as may be justifiable distinctions based on the nature of certain fundamental rights. The key issue lies in whether such differential treatment is reasonable. Scholars argue that non-citizens are still subject to fundamental rights under the R.O.C. Constitution but are subject to reasonable restrictions per Article 23. 2 2. Hierarchical Standards for Differential Treatment Taiwan’s Constitution not explicitly distinguish between the basic rights of citizens and foreigners. Traditionally, constitutional scholars have categorized basic rights into three levels: human rights, national rights, and citizenship rights, with the rights enjoyed by nationals and foreigners differing based on nationality. However, globalization has led to the scope of non-citizens' basic rights protection gradually extending from human rights to national rights. Scholars argue that human rights, which are natural and inherent rights, must not be subject to differential treatment. Since there is no fundamental difference between foreigners and nationals regarding these rights, any discrimination would Li Nian-zu, "On the Equal Protection of Foreigners' Fundamental Human Rights under the Constitution of Taiwan," Constitutional Times, Vol. 27, No. 1, p. 95, July 2001. 2 Li Zhen-shan, "On the Immigration System and Fundamental Rights of Foreigners," Taiwan Indigenous Law Journal, No. 48, pp. 53-56, July 1, 2003. 1 15

اختر الفقرة المستهدفة3