Article 2 Elimination of Racial Discrimination
Article 2
Elimination of Racial Discrimination
A. Legal framework and general policies for the elimination of racial
discrimination
19. Equality and non-discrimination are the core values and common principles
upheld by every human rights convention. However, anti-discrimination
provisions in Taiwan are scattered across different laws, and there is a lack
of comprehensive legislation. 24 The National Human Rights Action Plan
announced in May 2022 includes the Equality Law drafted by the Executive
Yuan as a priority human rights issue to be addressed; the draft will be sent
to the Legislature for discussion and review in 2024, but it remains to be
observed if the legislation will proceed as scheduled.25
20. Recommendations: Taiwan should speed up the legislative process for the
comprehensive Equality Law , actively discuss solutions to areas in which the
Equality Law conflicts with current regulations, promote government action
on behalf of vulnerable groups as is stipulated in the Equality Law (e.g., ethnic
equality education), and discuss issues brought to light in the mass media
and the public sphere that may fall under the jurisdiction of Equality Law . The
opinions of ethnic group representatives, civil society groups, and experts
24
In the third Concluding Observations and Recommendations (COR) on the ICCPR & ICESCR and the second concluding
observations on the CRPD, the international review committee has pointed out that Taiwan’s anti-discrimination
provisions are scattered across different laws such as the laws concerning employment, gender equality, and persons
with disabilities. Taiwan lacks comprehensive legislation that encompasses all forms of discrimination. The committee
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recommends that Taiwan formulate a comprehensive anti-discrimination law.
As mentioned in §38 of the national report, a study commissioned by the government to research the formulation of a
comprehensive anti-discrimination law was completed in June, 2019. The study made recommendations on legislation,
but potential points of conflict between the Equality Law and current laws, the establishment of a complaint mechanism,
and details concerning the functions of organizations all require further deliberation and assessment; the legislative
process appears to be difficult and progress is quite slow.
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