Part II >
Our Efforts and Transformation
II. Participation in the Procedure
of the Constitutional Court
The Constitutional Court Procedure Act coming
into effect on January 4, 2022, approximates
the judicial proceedings with court hearings and
verdicts. Before this new system, the NHRC had
already served as the friend of the court (amicus
curiae) in the case of compulsory labor in 2021.
Later the Commission was appointed as an
“expert agency” to participate in the court debate
and to answer the questions of the grand justices,
petitioners, and related parties in four cases,
they are indigenous identity, national health
insurance database, Sirayan identity, and the
gender equality concerning women’s leadership
position in ancestor worship guilds. Additionally,
Over the years the Constitutional Court usually
recognized our viewpoints on human rights—
except for the indigenous identity case—and
made decisions in consistency with our opinion,
which demonstrated our expertise. From August
1, 2021 to December 31, 2022, we participated
in the oral argument of five cases and proposed
a letter of opinion for one case (Table 5). Our
engagement in the Constitutional Court cases is
listed as follows:
regarding the recusal of judges from criminal
litigation procedure, the NHRC was instructed to
a. Case on Compulsory Labor (Judicial Yuan
Interpretation No. 812)
offer a written comment in accordance with the
international human rights standards. Moreover,
The question in this case is whether compulsory
labor as a penalty for specific offences
Table 5
Participation in the Constitutional Court Procedure
No.
Session of Oral
Argument/
Presentation
1
2021.10.12
Judicial Yuan
Interpretation No. 812
Case on compulsory labor
2021.12.10
2
2022.01.17
TCC Judgment
111-Hsien-Pan-4 (2022)
The indigenous peoples status of children of
intermarriage between indigenous and nonindigenous peoples case
2022.04.01
3
2022.04.26
TCC Judgment
111-Hsien-Pan-13 (2022)
Case on the national health insurance research
database
2022.08.12
4
2022.06.28
TCC Judgment
111-Hsien-Pan-17 (2022)
Case on the indigenous peoples status for the
Siraya people
2022.10.28
5
2022.10.18
TCC Judgment
112-Hsien-Pan-1 (2023)
Case on gender equality concerning women’s
leadership position in ancestor worship guilds
2023.01.13
6
2022.10.24
Pending
Case on recusal of judges from criminal litigation
procedure
Case No.
Source: The NHRC
40
based on the powers bestowed by the Paris
Principles and Organic Act, the Commission has
the right to examine and understand the existing
laws and their functions so as to make “necessary
and feasible” recommendations for revision in
the future.
National Human Rights Commission 2022 Annual Report
Case Title
Interpretation /
Holding Release
Date
Pending