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 45

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