(blue-collar) migrant workers,18 domestic migrant workers, factory workers, and fishers employed domestically or overseas in terms of salary, family reunification, obtaining nationality, freedom of contract, health checkups, and pension systems, but there is no clear justification for the differences. Please refer to the paragraphs under Article 5 of this independent opinion for further details. 16. Recommendations: Although Article 1, Paragraph 2 of ICERD provides that the Convention shall not apply to distinctions, exclusions, restrictions, or preferences made by a State Party to this Convention regarding citizens and non-citizens such as the right to be elected and to vote, States shall nevertheless accord equal treatment when it comes to fundamental rights such as the right to life, health, and education to the extent recognized by international law. Therefore, the government’s differential treatment of citizens and non-citizens should be specific enough to make it clear that the distinction is legitimate, reasonable, and necessary, and such differential treatment must comply with General Recommendation No. 30. 19 The government should not vaguely refer to subjective considerations such as national security and social order while at the same time failing to provide proportionate supporting measures. Furthermore, it is not advisable to 18 The term “blue-collar migrant workers” refers to migrant workers employed based on of Article 46, Paragraph 1, Subparagraphs 8-10 of the Employment Service Act : Subparagraph 8: Marine fishing/netting work. Subparagraph 9: Household assistant and nursing work. Subparagraph 10: Workers designated by the Central Competent Authority in response to major national construction project(s) or economic/ social development needs. White-collar foreign workers can apply for jobs in Taiwan in the occupational categories currently opened by the MOL for foreign professionals, including: A. Specialized or technical work; B. Director/manager/ executive of a business invested in or set up by overseas Chinese or foreigner(s) with the authorization of the Government; C. Teachers. D. Full-time foreign language teachers working in supplementary schools; E. Sports coaches and athletes; F. Religious, artistic, and show business work; G. Contract workers. 19 Such workers are employed pursuant to Article 46, Paragraph 1, Subparagraphs 1-6 of the Employment Service Act . General Recommendation No. 30 states that Article 5 of the Convention requires States parties to prohibit and eliminate racial discrimination to ensure the enjoyment by all persons of civil, political, economic, social and cultural rights. While certain rights, such as the right to participate in elections, vote, and run for office, may be limited to citizens, human rights, in principle, should be enjoyed by all individuals. States parties have an obligation to ensure that both citizens and noncitizens enjoy these rights equally within the scope recognized by international law. 16