Part II >
Our Efforts and Transformation
Additionally, we also collected guidelines,
manuals, and cases of reasonable
accommodation from home and abroad and
issued our principle-based guidelines for the
reference of the administrative agencies thus
helping them understand the implications
of reasonable accommodation and develop
guidelines in their fields. In 2022 we extensively
consulted with experts, scholars, persons with
disabilities groups, and administrative agencies
regarding the contents of those guidelines. In the
future, we will continue to provide them for the
and social welfare administration systems,
so as to make recommendations for policy
improvement or law amendments to comply with
the CRPD. In addition to starting the project,
we also invited Professor Chang Li-ching of
the National University of Kaohsiung to form an
interdisciplinary research team to collect and
compare data regarding the legal system of
custodial protection of Germany, Japan, the US,
the UK, and Taiwan, as well as a preliminary
analysis of Taiwan’s judgements for custodial
protection. This project was completed in
November, 2022.
b. Promoting the human rights for offenders
with psychosocial disabilities: Oversight of
the modified treatment approaches
From November 7–11, 2022, some NHRC
members accompanied by staff and experts
visited Japan to observe the situation
there, including location of facilities and
resource allocation, and listened to the
different perspectives of stakeholders,
such as persons with disabilities groups,
government representatives, psychiatric
facility representatives, scholars and experts.
Additionally, the visited organizations also
provided relevant cases for our team to
exchange views on the challenges and
difficulties in both countries.
reference of the administrative agencies.
In response to the implementation of various
new measures, including “custodial protection”,
“temporary placements”, and “multiple programs”
in 2022, the initiation of the citizen judge system
in 2023, and the coming into effect of the 2022
amendment to the Mental Health Act two years
later, the treatments for offenders with psychosocial
disabilities would be facing change in terms of
either the practice of criminal procedure or the
actual implementation of treatment measures. In
the concluding observations of the second report
on CRPD in August 2022, the IRC also expressed
various concerns and made recommendations on
this topic.
To oversee the impacts of these new treatment
systems on human rights, we formed
the “treatment system for offenders with
psychosocial disabilities” project working group
based on the resolution made in the January
monthly meeting of 2022. It set out to study and
analyze the obstacles confronting offenders
with psychosocial disabilities in Taiwan’s
judicial, correctional, health administration,
48
National Human Rights Commission 2022 Annual Report
Considering the strengths and weaknesses
of the practice in Japan, our findings and
recommendations are as follows:
i. Although the competent authorities of Japan
have invested considerable resources
and man-power in medical treatment and
supervision, the treatment still fell short of the
requirements of international human rights
conventions. Hence, Taiwan should learn from
Japan’s experience and seek to strengthen
the supporting measures for human rights
protection.