Article 5 Measures to Safeguard Various Rights
Article 5
Measures to Safeguard Various Rights
A. Right to equal treatment in judicial proceedings
37. §§98-105 of the national report cite the Code of Ethics for Jurors in
Professional Courts and the Code of Ethics for Judges , which prohibit
differential treatment or other improper behavior on the basis of race.
Additionally, the paragraphs mention establishing special courts for
indigenous peoples and revising relevant laws and regulations. However, there
are still areas requiring improvement, as described below:
38. Concerns have been raised regarding the determination of what constitutes a
serious violation under Article 73, Subparagraph 6 of the Employment Service
Act , which can lead to the revocation of migrant workers’ work permits.47 The
MOL has stated that the determination of such violations should be based
on Article 42 of the Employment Service Act , which aims to prevent foreign
workers from hindering social stability and to mitigate the impacts of illegal
actions by such workers on social order, labor relations, personal safety, and
national, social, and individual legal interests.48 Previously, the MOL issued a
press release advising migrant workers not to ship or order prohibited pork
products from overseas. Importing such products is punishable by up to 7
years imprisonment and a fine of up to NT$3 million. Migrant workers found
47
The Control Yuan investigation report approved on June 3, 2020 (109 財 調 0031), pointed out that if a foreign worker
violates any law of Taiwan, it is considered a “serious violation,” without distinction whether the crime was committed
intentionally or due to negligence, the severity of the crime, the degree of punishment, or whether a suspended sentence
was issued. In all cases, the worker’s work permit is revoked, which may excessively infringe upon the foreign worker’s
right to work. Furthermore, the revocation of a foreigner’s work permit is an administrative penalty. Although legal
remedies can be sought and a stay of execution applied for by law, there is doubt whether foreign workers have the
48
capacity to pursue these remedies given considerations of finances, time, language barriers, and lack of legal knowledge.
According to the MOL’s written reply dated January 13, 2023.
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