Article 4 Legislation and Measures for the Prohibition of Racial Hatred
Article 4
Legislation and Measures for the
Prohibition of Racial Hatred
35. A s r e p e a t e d l y m e n t i o n e d i n t h e C o n c l u d i n g O b s e r v a t i o n s a n d
Recommendations after the review of the implementation of the ICCPR
& ICESCR, States are required to prohibit by law war propaganda and the
incitement of national, racial, or religious hatred and violence. The IRC
recommends that the government implement amend the Criminal Code
accordingly.43 In Taiwan, there are laws that regulate discriminatory speech,
such as the Guidelines for the Prevention of Bullying in Schools and the
Immigration Act .44 However, stereotypes and negative labeling and language
used against certain ethnic groups have not yet been mitigated. The offenses
of public insult in Article 309 and slander in Article 310 of the Criminal Code are
aimed at individuals rather than ethnic groups or groups as victims, and their
elements include vague legal concepts without specific, objective standards
that must be further clarified by the court. They do not help to achieve the
desired effect of general prevention. The government has yet to come up with
effective ways to stop discrimination or even hate speech against racial and
ethnic groups.
§74 of the first Concluding Observations and Recommendations (COR), §74 of the second COR, and §88 of the third COR.
43
44
Article 3, Paragraph 1, Subparagraph 4 of the Guidelines for Preventing Bullying in Schools states the following: “The terms
used in these guidelines are defined as follows:...(4) Bullying: An individual or group of individuals who directly or indirectly,
through spoken or written words, pictures, symbols, bodily gestures, electronic communications, the Internet, or other
means, intentionally degrades, excludes, mistreats, harasses, or teases another person by placing that person in a hostile or
unfriendly environment, causing mental, physical, or property damage, or interfering with normal learning activities.”
Article 62 of the Immigration Act provides that: “Any person shall not discriminate against people residing in the Taiwan
Area on the basis of nationality, race, color, class and place of birth (Paragraph 1). Any person whose rights are trespassed
due to the discrimination mentioned in the preceding Paragraph can file a complaint to the competent authorities on
the basis of the circumstances of the trespass, unless the matter is otherwise regulated by other laws (Paragraph 2). The
competent authorities shall enact regulations that govern items and filing requirements for complaints as mentioned in
the preceding Paragraph, and for complaint procedures and the composition of a review committee (Paragraph 3)”.
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