relatively inaccessible and unfriendly to persons with a range of disabilities.
Furthermore, accessibility planning for emergencies and dangerous situations is
currently insufficient. Lastly, the NHRC notes that different disaster prevention
and protection planning is spread across different units. The resulting
inconsistencies make it difficult for persons with disabilities and their families to
obtain information that they may need.
63.
The NHRC notes that despite the MOHW sending information updates about
persons with disabilities to frontline disaster prevention and protection units to be
utilized by said units, the information is relatively inaccurate. Additionally, such
information is generally used by rescuers to identify disabled persons in need of
aid if an incident occurs. It is not intended for planning preventive evacuation
response measures, rescue operations during disasters, and post-disaster
accessible evacuation shelters and support services.
Article 12: Equal recognition before the law
64.
The NHRC asserts that commencement of guardianship denies the legal capacity
of persons with less favorable mental capacity, not conforming to Article 12 of
the CRPD. Despite Taiwan amending relevant laws and adding the adult
guardianship system in 2019, thereby granting people the right to choose their
own guardians, the amendments have their basis in substituted decision-making.
Taiwan has not yet developed broad-based supported decision-making to replace
substituted decision-making (the latter of which remains markedly common) in
accordance with General Comment No. 1 of the CRPD. In regard to adults with
disabilities, the judiciary emphasizes the principle of “best interest.” Nonetheless,
such emphasis still does not meet the conditions stipulated in Article 12 of the
CRPD, which states that the will and choices of persons with disabilities shall be
respected.
65.
Table 12.1 of CRPD Second Report shows general data related to new and
completed cases of individuals subject to an order of commencement of
guardianship or assistantship from 2016 to 2019. However, as regards persons
with disabilities subject to an order of commencement of guardianship or
46