VI. Conclusion and Recommendations
A. Conclusion
The distinction in eligibility for tuition subsidies between Taiwanese citizens
and permanent residents and their children constitutes discrimination and does not
comply with international human rights covenants.
The petitioner, in this case, resides in Taiwan, holds permanent residency, and
fulfills tax obligations like a citizen. Their child has received basic education in
Taiwan from birth, following the national curriculum. Even though the child may not
yet voluntarily naturalize, their family and upbringing are closely tied to Taiwan,
making them effectively the next generation of our country. However, she was denied
tuition subsidies solely because she failed to possess R.O.C. citizenship, which lacks
sufficient justification. Using nationality as a criterion to determine eligibility for
tuition subsidies does not comply with Article 13 of the ICESCR, Article 28 of the
CRC, and General Recommendation No. 30 of the ICERD.
B. Recommendations
i.
Tuition subsidies for secondary education should be the same for
non-citizens with permanent residency and taxpayers as for citizens.
Given that non-citizens who have obtained permanent residency and their
children have been in Taiwan for an extended period, they have developed close ties
to Taiwan in both their living and learning environments, effectively making them
quasi-citizens. Therefore, in terms of fundamental rights such as life, health, and
education, they should be treated as de facto citizens. The MOE argues that tuition
subsidies do not apply to those with permanent residency because the funding comes
from taxes paid by citizens, and this distinction is made to prevent the dilution of
educational resources for Taiwanese students.
However, since non-citizens earning income in Taiwan are subject to the same
tax obligations as citizens, and considering the aforementioned analysis that
25