Introduction
The International Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social, and Cultural Rights (ICESCR)
(hereafter the “two Covenants”) are the two most programmatic and dominant
covenants related to human rights that have been codified under the United Nations;
these two Covenants encompass and detail the precise substance of the Universal
Declaration of Human Rights. Moreover, the importance of the two Covenants to
Taiwan is self-evident due to the fact that in the legislation of the “Act to Implement
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social, and Cultural Rights” this Act is given precedence of
application if domestic law is in conflict with it; so when compared with other
domestic laws, the Act has priority. Although Taiwan is not a member of the United
Nations and is thus excluded from the national report review process undertaken by
the United Nations Human Rights Committee, Taiwan has managed to promote the
protection of human rights and incorporate international human rights standards by
designing a national report review system which resembles that of the UN
mechanisms.
Starting from 2013, international human rights experts have been invited to
Taiwan to evaluate Taiwan’s compliance with the two Covenants and to make
conclusive observations and recommendations every four years. Not only is this
review model ground-breaking and unique, it is also significant to both Taiwan and
the international community. The aim of composing human rights reviews and
reports is to provide governments with an occasion for self-examination and
reflection. Apart from expanding the scope and accuracy of human rights
investigations through existing policy indicators and statistics, the process of human
rights reporting also helps to enhance the government’s capacity for human rights
review, as well as assisting in the mobilization and learning functions of
implementation in the public sector. In addition, the national report review process
stimulates governments to examine their existing human rights systems and to
further bring to light the challenges and difficulties in enforcing human rights
protections, as well as to identify the scenarios which are disadvantageous to specific
or vulnerable groups. Self-examination of government departments and entities at
all levels helps to verify whether the related policies and administrative actions taken
by the government have obstructed the fulfillment of obligations to human rights. If
obstructed, possible resolutions should be proposed. Through constructive dialogues
with appraisers, civil society, and stakeholders, benchmarks to be achieved prior to
the next national report are thus set.
Given that the submission and review of national reports form part of the
government’s obligations and accountability in human rights protection, aside from
conforming to the basic requirements for rigor and credibility, the report contents
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