acknowledge the right to education for all individuals. To fully realize this
right, it is essential that secondary education, including technical and
vocational options, is made available and accessible through all appropriate
means, mainly through the gradual implementation of free education.
2. Articles 1 and 2 of the ICERD and General Recommendation No. 30 from the
Committee on the Elimination of Racial Discrimination (CERD) emphasize
that contracting states must refrain from discrimination based on race, color,
descent, or national or ethnic origin. Any differential treatment by the
government must be substantiated by legitimate, reasonable, and necessary
justifications. Furthermore, adequate measures must be taken to amend,
abolish, or invalidate any laws or regulations that could result in racial
discrimination—wherever they may exist.
3. Article 5 of the ICERD stipulates that, in compliance with the basic
obligations outlined in Article 2 of Taiwan’s Constitution, the state commits to
prohibiting and eliminating racial discrimination in all its forms. They must
ensure that every individual, without distinction based on race, color, or
national or ethnic origin, enjoys equality before the law, particularly
concerning the following rights: (d) Economic, social, and cultural rights,
especially: (5) The right to education and training.
4. Article 28 of the (CRC) and Paragraph 59 of General Comment No. 23 of the
CRC Committee emphasize that children have the right to education. The
exercise of this right must be based on the principle of equal opportunity,
including children with an international migrant background.
ii. Relevant Domestic Laws
1.
Articles 7, 21, 23, and 159 of Taiwan’s Constitution.
2.
Article 8, Paragraph 2 of the Educational Fundamental Act stipulates that
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