D. E. Continuing from the preceding issue, Point 53 states, “Prisoners alleging torture may submit complaints to the prison or its supervisory authority. Between 2015 and 2019, the Corrections Departments have received 1,945 complaints of this kind…” Accordingly, we can see that a large number of complaints have been filed; however, what is the ratio of verified to submitted cases of alleged torture, as calculated after investigation? What is the actual condition of the practice of torture in prisons? As information about the true status of torture and the disciplinary action and improvements to be adopted by the Corrections Departments are omitted in the report, the actual condition of the human rights of prisoners is thus inconclusive. Regarding labor rights protections in Article 7 of the ICESCR, the Taiwan government provides no statements on whether the remuneration for the daily work of prisoners meets the basic living requirements. In the publication of the Third Report, the Executive Yuan claims that the legalization of same-sex marriage and adultery decriminalization mark Taiwan’s significant progress in human rights protection in recent years. Although Taiwan is the first Asian country to recognize same-sex marriage, non-governmental organizations in Taiwan have struggled for more than 30 years to reach this point. In Judicial Yuan Interpretation No. 748 of 2017, the Justices of the Constitutional Court ruled that the related regulations in the Civil Code are unconstitutional and represent “inadequacy” due to their failure to allow two people of the same sex to establish an intimate and exclusive permanent relationship for the purpose of common living. The Judicial Yuan decided that this violated the right to freedom and equality of marriage prescribed in the Constitution. As for the decriminalization of adultery, in Judicial Yuan Interpretation No. 791 of 2020, the Justices of the Constitutional Court ruled that criminal punishment for those committing adultery as defined under Article 239 of the Criminal Code was unconstitutional. This was ruled because women in adultery cases are much more often prosecuted than men through these suits, thus causing indirect gender discrimination. Article 239 of the Criminal Code was eventually abolished by the Judicial Yuan, to realize substantial gender equality, some 80 years after it was last amended in 1934. Reviewing issues of human rights protection in Taiwan over time, relief from the injustice will not be achieved until the rights of the people involved have been long affected, as judicial rights are “passive” and “retroactive” by nature. Relief is only achieved after a long judicial procedure and a huge investment of labor, time, and expenses by many parties. Therefore, it is a major issue for the government at all levels to design mechanisms for the active, proactive, and efficient prevention, as well early warning indicators, of potential human rights violations. 3

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