Shining Light into Dark Corners Connecting with the Global Community Incorporation of International Human Rights Conventions into Domestic Legislation A n important function of national human rights rights conventions are therefore “incorporated into institutions is the fulfillment of international domestic legislation” by Taiwan instead. In other human rights conventions that each country has words, Taiwan fulfills its commitment to international signed up to, joined, or approved. As Taiwan human rights conventions by passing acts of is not a member of the United Nations, whether implementation for each convention through the has been incorporated into domestic legislation by and its Optional Protocol” was also proposed by the approval letter can be submitted to the UN Legislative Yuan. Taiwan through acts of implementation (see table the Executive Yuan in 2020. The draft act has been Secretary-General after Taiwan signs, joins or below for details). The “Draft Implementation Act submitted to the Legislative Yuan for examination and approves and international human rights convention 75% of all countries have now signed four or more of the Convention against Torture and Other Cruel, may become the next human rights convention to be still remains a challenge. International human of the nine core UN human rights conventions. Five Inhuman or Degrading Treatment or Punishment incorporated into domestic legislation. Progress on the Incorporation of the Nine Core UN Human Rights Conventions into Domestic Legislation Convention name 1 International Covenant on Civil and Political Rights (ICCPR) 2 International Covenant on Economic, Social and Cultural Rights (ICESCR) 50 The Second ICCPR & ICESCR Report Review Meeting. Photo provided by: Ministry of Justice Effective date Signatory nations 1976.3.23 173 1976.1.3 171 Incorporation into domestic legislation and date of proclamation National reporting schedule Competent authority of convention Reporting cycle Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (2009.4.22) 3rd time (2020) 2nd time (2016) 1st time (2012) Ministry of Justice Every 4 years (Note 1) 4th time (2021) 3rd time (2017) 2nd time (2013) 1st time (2009) Gender Equality Committee, Executive Yuan Every 4 years Convention on the Elimination of All Forms of Discrimination 3 against Women (CEDAW) 1981.9.3 189 Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women (2011.6.8) 4 Convention on the Rights of the Child (CRC) 1990.9.2 196 Implementation Act of the Convention on the Rights of the Child (2014.6.4) 2nd time (2021) 1st time (2016) Ministry of Health and Welfare Every 5 years 5 Convention on the Rights of Persons with Disabilities (CRPD) 2008.5.3 182 Act to Implement the Convention on the Rights of Persons with Disabilities (2014.8.20) 2nd time (2020) 1st time (2016) Ministry of Health and Welfare Every 4 years 1969.1.4 182 (Note 2) Expected in 2023 National Immigration Agency, MOI Every 4 years 1987.6.26 171 Submitted to the Legislative Yuan for deliberation in 2020 – – – 2003.7.1 56 Under discussion – – – 2010.12.23 63 Under discussion – – – 6 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 7 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 8 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) 9 International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) Note 1: A report is submitted every 4 years for ICCPR, and every 5 years for ICESCR. To reduce the burden on administrative and government resources, concurrent reviews are conducted based on the advice of international human rights experts. Submission deadlines differing from that of the UN were also defined based on local conditions. Note 2: Taiwan had already signed and approved the Convention on the Elimination of All Forms of Racial Discrimination before withdrawing from the United Nations. Instruments of ratification was deposited with the Secretary-General of the United Nations in 1970. Source: https://treaties.un.org/Pages/ParticipationStatus.aspx?clang=_en Date browsed: 2021.6.22 51