Article 5 Measures to Safeguard Various Rights
Act are being amended, which has led to the current failure to protect the
property rights of new immigrants. The government should invite new
immigrant groups or representatives to participate in reviewing and amending
regulations related to the acquisition of property by new immigrants.
Upon completion of the revisions, the government should strengthen its
promotional efforts to ensure that new immigrants are informed about their
right to inherit family property.
J. Right to indigenous identity
73. In 2022, Taiwan’s Constitutional Court ruled that the current legal standards
for recognizing indigenous status violated the rights of indigenous people
to self-identification guaranteed by the Constitution . The Court ordered
the government to amend or formulate related laws within a specified
timeframe. 88 The NHRC recommends that the government, based on the
standards mentioned in the ICCPR & ICESCR, the UN Declaration on the Rights
of Indigenous Peoples, and ILO Convention No. 169, should ensure the self-
identification and respect for the will of indigenous peoples and actively
engage in dialogue with them.
K. Right to indigenous names
74. Currently, in Taiwan, the registration of indigenous names involves using
Mandarin Chinese (one of Taiwan’s official languages), but they may
also be registered in an unofficial language using the Roman alphabet.
The government maintains that because most societal communication
and identification is carried out in Mandarin Chinese, and indigenous
88
Constitutional Court judgements 111-Hsien-Pan-4 (2022) and 111-Hsien-Pan-17 (2022) were delivered on April 1 and July
29, 2022, respectively.
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