case filed by a person with disabilities. The MOE’s Special Education
Student Appeals Council has not processed any cases related to disability
discrimination since its establishment, and there were only 2 petitions
from schools under the high school level in 2019. Furthermore, the
Ministry of the Interior (hereinafter referred to as the MOI) has not
received any filed cases. There is a very obvious discrepancy between the
reported number of cases and the discrimination persons with disabilities
still commonly face.
(2) In terms of employment discrimination, though local labor administrative
authorities processed 28 disability discrimination appeals in 2019, there
still exist cases in which evidence of discrimination is difficult to prove,
so that a complaint cannot be filed. For example, an employer claimed not
to have any vacancies or suitable positions to refuse a job seeker when
discovering that they have an intellectual disability. It is difficult to prove
employment discrimination on the part of the employer.
(3) The above highlights the government’s continual lack of concrete
definitions regarding situations in which persons with disabilities face
discrimination, thus making these situations difficult to identify.
21.
In recent years, disabled persons’ organizations have repeatedly called for the
government to enact anti-discrimination laws or add anti-discrimination clauses
to related laws. The competent authority completed the commissioned study
Should the Republic of China Enact Comprehensive Anti-Discrimination Laws
and Legislative Proposals, with the project ultimately proposing a draft equality
bill. And the Executive Yuan holding the National Human Rights Action Plan
(first draft) public hearing in October of 2020 to reiterate its plans to formally
submit a draft bill for an anti-discrimination or equality law for review by the
Legislative Yuan. However, the NHRC notes, the competent authority appears to
have taken no subsequent action to enact these laws.
22.
Though the Committee for the Promotion of the Rights of People with Disabilities
of the Executive Yuan passed the Principles for the Amendment of CRPD Legal
and Administrative Measures, with the MOHW also including the relevant
indicators in the social welfare performance evaluation, the NHRC believes that
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