Article 5 Measures to Safeguard Various Rights settlement with the victim’s family during court proceedings,51 resulting in the family receiving compensation. The victim’s family expressed that it would have been difficult for them to navigate the complexities of the legal process for seeking compensation across national borders without the assistance of Taiwanese NGOs. 41. Recommendations: The NHRC has expressed concern about the difficulties encountered by migrant workers and their families when seeking compensation across national borders. The principle of reciprocity, entrenched in the current State Compensation Law , does not completely align with contemporary standards pertaining to human rights protection, equality principles, and the spirit of international conventions. The Executive Yuan has already proposed an amendment to the State Compensation Law 52 which seeks to remove this principle of reciprocity. This would ensure that everyone in the country has an equal right to claim compensation regardless of nationality. The legislative process to enact these amendments should be expedited. 42. In 2019, the Judicial Yuan conducted an audit of the Legal Aid Foundation’s K a o h s i u n g b ra n c h , a s d o c u m e n te d i n t h e i r r e p o r t . O n e o f t h e i r recommendations stated that when foreign nationals apply for legal aid, they should be required to provide proof of their legal residency in Taiwan. 51 It should be noted that before the amendment of the Act Governing the Use of Police Weapons in 2022, compensation for any injury, death, or property damage caused by the use of police weapons was handled by the respective level of government. Compensation could consist of medical expenses, solatia, indemnity, or funeral expenses and was not 52 handled in accordance with the regulations of the State Compensation Law . According to the Ministry of Justice’s written reply dated March 16, 2023, considering that the protection of human rights has become a universally valued principle respected by countries worldwide, the reciprocity-based provisions of the State Compensation Law do not entirely align with modern principles of human rights protection, equality, and the spirit of the International Covenant on Civil and Political Rights. Therefore, the Executive Yuan has submitted a draft amendment to the State Compensation Law that proposes removing restrictions that are based on the principle of reciprocity for deliberation in the Legislative Yuan. 33

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