I.
Case Background and Origin
“J” has submitted a complaint asserting that her daughter, “K,” who was born in
Taiwan to foreign parents holding permanent residency, has been subjected to
discriminatory practices. “K” has received all her schooling in Taiwan since
kindergarten. However, when she enrolled in a private vocational high school, she
was deemed ineligible to receive tuition subsidies from the government due to her
lack of Republic of China (R.O.C.) citizenship. “J” contends that this treatment is
discriminatory. In response, the National Human Rights Commission (hereafter
referred to as the Commission) launched an investigation into the matter during its
50th meeting of the 1st session on February 27th, 2024.
II.
Case Summary
This case examines whether the refusal to provide tuition subsidies to individuals
lacking
R.O.C.
citizenship—specifically,
permanent
residents
and
their
children—based on nationality infringes upon international human rights covenants
and amounts to discrimination.
The International Covenant on the Elimination of All Forms of Racial
Discrimination (ICERD) and General Recommendation No. 30 from the Committee
on the Elimination of Racial Discrimination (CERD), stipulate that the protections
offered by the covenant apply to all individuals within a country, irrespective of
citizenship. Both citizens and non-citizens alike are entitled to protection against
discrimination. Article 13 of the International Covenant on Economic, Social, and
Cultural Rights (ICESCR) and General Comment No. 13 affirm that all individuals
have the right to education. Furthermore, Article 28 of the Covenant on the Rights of
the Child (CRC) and General Comment No. 23 stress that the right to education must
be exercised on equal opportunity, including children from international migrant
backgrounds.
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