the laws to deem failure in making reasonable accommodation as an act of
discrimination. The CRPD Second Report listed legal statutes which have made
reasonable accommodation, such as the Regulations Governing National
Examination Rights for People with Disabilities. The Regulations has limited its
subjects to those who have already acquired disability booklets or ID, and has also
limited its reasonable accommodation measures to specific items according to
disability type. The NHRC is of the opinion that this violates General Comment No.
6 of the CRPD.
25. Since December of 2019, the MOHW has commissioned the Legal Aid Foundation
to begin including lawsuit litigation and legal defense services. However, after
viewing the Ministry of Health and Welfare Legal Aid Project for Persons with
Disabilities, the NHRC found that eligibility for legal aid was limited to those who
have acquired disability booklets or ID, which goes against Article 1 – Purpose of
the CRPD. Furthermore, its review standards contain a financial threshold and
exclude cases in which the opposing party to the case is a member of the Executive
Yuan, the MOHW, or any of its affiliated agencies, which violates Article 8 of
CRPD Implementation Act. Also, when the NHRC wrote to the MOHW to request
that it provide actual statistics, it was discovered that only 30%8 of case requests
filed by persons with disabilities were approved as of the end of December 2020.
The main reasons for refusal were “lawsuit was obviously non-beneficial or there
was no chance of winning” (48.02%) and “exceeded the scope of the entrusted
project” (27.97%). However, as referenced in Article 8, Paragraph 2 of the CRPD
Implementation Act, legal aid aims to promise the fundamental rights guaranteed
by the CRPD and other international human rights treaties, rather than solely being
limited to those who have acquired disability booklets or ID and are below a
certain level of financial ability. Thus, the NHRC recommends that the central
competent authorities review the eligibility and assessment standards for case
requests to bring them in line with the CRPD and the CRPD Implementation Act,
and budget a reasonable amount of project funds in accordance with Article 9 of
the CRPD Implementation Act. Meanwhile, the NHRC will continue to oversee
8
According to statistical data provided by the MOHW, there were 471 case requests (category 1
and 7 disabled persons had the most case requests at 188 and 131 respectively) as of December,
2020. 143 were approved for assistance, making the approval rate 30.4%.
19