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