Article 2 and Article 3 Protection of All Rights to Equality
11.
The legislative intent of National Pension Insurance aims to ensure the
economic security of the disadvantaged in old age. Notwithstanding, statistics
gathered by the Bureau of Labor Insurance show that up to 25,681 prisoners
may be affected upon expiration of the 10-year grace period for payment of
their overdue premiums (namely on January 31, 2019). As it is impossible for
prison inmates to pay the National Pension Insurance premium, they may
become ineligible for enrollment in the insurance program after missing out
on the 10-year grace period for payment of overdue premiums. Clearly, this is
counter to the principles of impartiality. Upon investigation and subsequent
follow-up by the Control Yuan, the Agency of Corrections of the Ministry of
Justice (hereinafter referred to as “Agency of Corrections”) on May 23, 2018
amended the Directions Governing Disbursements of Non-Discretionary
Labor Compensation for Prisoners to allow prisoners to pay the National
Pension Insurance premium with their income from their labor done while in
prison. On September 3, 2019, the Bureau of Labor Insurance enacted the
Standard Operating Procedure for Payment of Premiums Overdue for More
than Ten Years Requested by the Insured for National Pension Insurance to
broaden the definition of causes “not attributable to” the insured. Therefore,
any prisoner who fails to pay the National Pension Insurance premium within
the 10-year grace period because they are in jail is still eligible to apply for
payment of the overdue premium with the Bureau of Labor Insurance if it is
done promptly after their being released from prison. Meanwhile, the Ministry
of Health and Welfare and Agency of Corrections shall communicate this
information to all prisoners.
12.
Under the work-outside camp prison system (low security environment,
usually working on farms, family visits allowed) implemented by the Ministry
of Justice, the quota for the maximum number of male inmates allowed
assignment to these camps has increased, while the number of female inmates
in the work-outsidecamps has remained unchanged. As a result, the percentage
of male inmates in work-outside camps as part of that in general prisons has
remained constant at 3%, while the same percentage for female inmates
declined from 2% to 1.9%. The failure of the Ministry of Justice and Agency
of Corrections to adjust the number of female inmates in these camps has
created inequality between the two sexes in the opportunity for serving their
sentence in such low-security camps. Upon investigation and subsequent
follow-up by the Control Yuan, the Agency of Corrections has established a
female work-outside camp under Yilan Prison, and authorized the transfer of
50 inmates thereto on September 1, 2019.
13.
Through the two amendments made to the Prison Camp Act in 1978 and 2014,
the “gap” between the sentence mitigation applicable to the same grade of
prisoner in work-outside camps and general prisons has widened. Unlike work9