III.
Facts of the Case
A. “J,” the complainant, stated: “My child was born in Taiwan, and the education
laws here are unfairly biased against her. Our family has permanent residency in
Taiwan, and my child has been enrolled in school here since kindergarten.” She
elaborated, “Very few children are in a situation similar to my daughter’s.
Taiwan’s regulations do not offer financial support for foreign students in high
school. My husband and I pay taxes, and we, along with my daughter, are
permanent residents. Why is she being discriminated against?
B. The complainant argues that Article 56 of the Senior High School Education Act
needs to be revised. Her main appeal is that in Taiwan, every child has the right to
receive a high school education. Her daughter, “K,” was born and raised in
Taiwan and deserves the same rights as her Taiwanese peers. The law clearly
states that discrimination based on race, nationality, skin color, gender, ethnicity,
disability, age, or sexual orientation is prohibited.
C. In summation, the central issue in this matter is whether the unequal treatment of
individuals born and raised in Taiwan, who hold permanent residency but are
ineligible for tuition subsidies in senior high schools due to their lack of R.O.C.
citizenship, infringes upon international human rights standards and constitutes a
form of discrimination.
IV.
Reasoning and Evidence
A. Application of Laws
i. International Human Rights Covenants
1. Article 13 (the Right to Education) of the ICESCR and General Comment No.
13 from the Committee on Economic, Social, and Cultural Rights (CESCR),
as outlined in Paragraphs 6, 7, 31, 34, 37, emphasizes that contracting states
3