diseases, the research subjects may be adults with disposing capacity, persons with limited disposing capacity, or persons with no disposing capacity (where the research subject is a person with no disposing capacity, the consent of his/her legal representative is required). However, the NHRC argues that such a law is not inconformity with both the CRPD and the International Covenant on Civil and Political Rights. To date, the MOHW has yet to incorporate the above Article into the review lists for Taiwan’s CRPD laws, regulations, and administrative measures, and has made no plans to amend the act. 75. The CRPD Second Report indicates that the MOHW performs surprise inspections of institutions such as general nursing homes, residential social welfare institutions for the elderly, and welfare institutions for persons with disabilities to ensure that the institutions do not restrain the people they are caring for in an inappropriate manner and/or restrict them from engaging in activities, and that the institutions offer toilet training or assistance in using the toilet. Nonetheless, surprise inspection checklists provided by the MOHW to the NHRC do not include the items “offer toilet training” and “assist residents in using the toilet.” Additionally, the checklists merely ask whether physical restraint was applied with the residents’ (or their family members’) consent and do not forbid the institutions from physically restraining the residents. Thus, persons with disabilities are not protected against inhuman or degrading treatment. 76. The CRPD Second Report mentions that mechanisms such as regular assessments and surprise inspections to monitor welfare institutions for persons with disabilities are already in place, and that personnel at welfare institutions must receive at least 20 hours of on-the-job training (including human rights knowledge and skills training) per year to ensure that institutions do not abuse their residents. Nonetheless, the NHRC finds it necessary to alert the government to the fact that on occasion, incidents of violent abuse occur in welfare institutions for persons with disabilities. For example, in 2018, an incident involving a volunteer at the Hebron Holistic Care Association in Taoyuan whipping a resident62 occurred. Similarly, in July 2021, an incident involving the beating of a disabled resident by a social worker and an administrative assistant at the 62 The volunteer involved in the case was prosecuted, and later convicted of assault by the Taoyuan District Court. 52

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