Permanent residents and their children are denied tuition subsidies when
attending senior high school and above under Article 56 of the Senior High School
Education Act due to their nationality, which means being subjected to differential
treatment compared to R.O.C. citizens. This difference in eligibility represents a clear
instance of discriminatory practice.
While certain fundamental rights, such as voting, may be exclusive to citizens,
the basic right to life, health, and education should be universally guaranteed. States
must ensure that citizens and non-citizens enjoy these rights equally per international
law. Foreigners with quasi-national status, including foreign spouses of citizens or
permanent residents, should be regarded as de facto nationals.
The current differentiation in subsidy eligibility between R.O.C. citizens and
permanent residents, along with their children, is inconsistent with international
human rights covenants. The following recommendations are proposed to help
address this issue and to serve as a reference for the reassessment and modification of
policies in upholding the principles of equality and non-discrimination as mandated
by international agreements:
(1) Children of permanent residents who contribute to the tax system should be
entitled to the same tuition subsidies for secondary education as their
Taiwanese counterparts.
(2) Any variations in educational policies must be substantiated by valid reasoning
and necessity.
(3) Educational laws and regulations should be revised to align with international
human rights norms.
(4) The State should work towards implementing a free education system to ensure
that secondary education remains affordable for everyone.
(5) Strengthen education and training related to international human rights
covenants.
(6) The government should conduct assessments to understand the educational
conditions and requirements of non-citizen residents and their children.
2