A Year of Human Rights Covenants: Great Leap for Taiwan
National Human Rights Commission, Taiwan
in constitutional regulations, on the grounds of
registration. Although there are over 190,000
indigenous people and obtain indigenous status.
women. Despite the shared obligation for
ethnic intent, all may apply to be registered as
Hence, the Taiwan Constitutional Court ruled that
Article 2 of the SAIP betrays the constitutional
intent to protect the right to identification and
culture of indigenous peoples. This largely
conforms to our interpretation.
successors, only some 10,000 of them are
ancestor worship, women are less likely to enjoy
the right of succession. The Act for Ancestor
Worship Guilds gives direct legal force to
traditional Taiwanese customs which establish
a differential treatment unfavorable to women.
Taiwan’s Legislature passed the Enforcement Act
e. Case on Gender Equality Concerning
Women’s Leadership Position in Ancestor
Worship Guilds (TCC Judgment 112-HsienPan-1, 2023)
of the Convention on the Elimination of All Forms
The point of contention in this case is whether the
inequality and eliminate prejudice based on the
for Ancestor Worship Guild “For guilds existing
the sexes.
final section of paragraph 1, Article 4, of the Act
before the implementation of the Act...in the
absence of any agreement or any designation
in the agreement, the founder or a male
offspring (including adopted children) should
be the successor” and the opening section of
paragraph 2, Article 1, of the same Act “In the
absence of any male offspring, an unmarried
female offspring may be the successor” are
constitutional.
At the oral argument of the Taiwan Constitutional
Court on October 18, 2022, the NHRC argued
that, according to articles 2 and 5 of CEDAW,
States should take all appropriate measures
to eliminate discrimination against women by
any person, organization or enterprise. These
measures include modification or abolition
of existing laws, regulations, customs, and
practices or any other measures meant to
eliminate prejudice resulting from customs
or other practices based on the idea of the
inferiority or the superiority of either of the sexes
or on stereotyped roles for men and women.
By 2020 a total of 995 ancestor worship
guilds across Taiwan completed government
of Discrimination Against Women in 2011 making
CEDAW effective in Taiwan. Therefore, the State
must now actively take measures to end gender
idea of the inferiority or the superiority of either of
The Taiwan Constitutional Court holds that, in
accordance with the intent of the constitutional
regulation: “The State shall protect the dignity
of women...eliminate sexual discrimination, and
promote substantive gender equality”, the State
itself has the duty to actively eliminate sexual
discrimination, hence it should not be willing
to allow legislation that recognizes sexually
discriminatory traditions or old customs.
Therefore, the article in dispute in the Act
for Ancestor Worship Guilds would seem to
constitute undue differential treatment based on
sexual discrimination and historical stereotypes,
thus contravening the principle of equality
prescribed in Article 7 of the Constitution. This
ruling is generally consistent with our view.
f. Case on Recusal of Judges from Criminal
Litigation Procedure
The point of contention in this case is judges who
take part in, or judge, a case in ordinary criminal
proceedings, second instance proceedings,
third instance proceedings, retrial of the
second instance, retrial of the third instance,
National Human Rights Commission 2022 Annual Report
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