Article 18: Liberty of movement and nationality
82. Article 18 of the Immigration Act stipulates that the competent authority may
prohibit foreigners from entering the country if they have mental disorders or other
diseases that may jeopardize public health or social harmony. The NHRC argues
that this restriction is unclear and not in conformity with Article 18 of the CRPD.
This restriction has not been incorporated into Taiwan’s review lists for CRPD
laws, regulations, and administrative measures. The MOI stated that it has
proposed a draft amendment which is currently under review at the Executive Yuan
to remove this restriction, after which it will be sent to and reviewed by the
Legislative Yuan. To ensure that the freedom of persons with disabilities to enter
and leave Taiwan is protected, the NHRC will continue to monitor subsequent
amendments to the law made by the competent authority.
83.
In the Concluding Observations of the ROC’s Initial CRPD Report, the IRC
recommended that Taiwan abolish all laws and regulations restricting persons
with disabilities (and their families) from obtaining citizenship rights. Thus, the
NHRC recommends that the competent authority review the Nationality Act’s
stipulation that “foreigners or those without nationality who wish to apply for
naturalization must possess enough property or professional skills to support
themselves or lead a stable life” to determine whether it indirectly prevents
persons with disabilities from obtaining Taiwanese citizenship.
Article 19: Living independently and being included in the community
A. Support for independent living
84.
In 2012, support services for independent living were incorporated into the
PDRPA as a service item, thus requiring the competent authority to allocate a
budget for said services. Nevertheless, the NHRC has discovered that the source
of funding for these services is the Public Welfare Lottery feedback fund, which
is an unreliable source of funding and is designated for use in innovative,
experimental, integrative, and medium- and long-term services. The feedback
fund is not a statutory fund that must be submitted, and the Public Welfare Lottery
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