70.
Article 14, Paragraph 1, Subparagraph b of the CRPD states that States Parties
shall ensure that persons with disabilities, on an equal basis with others, are not
deprived of their liberty unlawfully or arbitrarily, and that any deprivation of
liberty is in conformity with the law, and that the existence of a disability shall in
no case justify a deprivation of liberty. Thus, Articles 41 and 42 of the MHA,
which regulate mandatory hospitalization and emergency placement, does not
conform to Article 14 of the CRPD. Accordingly, on August 22, 2017, the
Committee for the Promotion of the Rights of People with Disabilities of the
Executive Yuan resolved to place the two articles under a priority review.
Pursuant to Article 10, Subparagraph 1 of the CRPD Implementation Act,
legislative and administrative measures in priority review lists should be amended
prior to December 3, 2017. However, draft amendments to the MHA are still
under review at the Executive Yuan. They have not yet been submitted to the
Legislative Yuan for examination and approval.
71.
On July 29, 2021, the Executive Yuan announced Phase 2 Program (2021–2025)
of Strengthening Social Safety Net. The program includes establishing six
forensic psychiatric wards (each containing 30 hospital beds) and one forensic
psychiatric hospital (containing 300 hospital beds)60 as designated locations for
those sentenced to the disposition of custody. The wards will primarily be used to
house individuals with mental disorders who have violated the law. The MOHW
referenced the experiences of other states to show that the building of a forensic
psychiatric hospital is not a clear inconformity with the CRPD and explained that
the actual operations should be examined to determine whether the human rights
of persons with disabilities are successfully protected61. Nonetheless, based on
the
announced
plans,
the
NHRC
cannot
determine
how
the
classification/segregation measures proposed by the Executive Yuan, which are
based on the level of the risk of violence, protect the human rights of persons with
mental disorders who have violated the law. Because Taiwan has incorporated the
CRPD into its domestic laws, the NHRC reminds the government to comply with
the principles enshrined in the CRPD when amending laws and to reference the
60
61
Approved version of Phase 2 Program (2021–2025) of Strengthening Social Safety Net released on
July 29, 2021
The live webinar titled Treatment System for Persons with Mental Disorders Who Violate the Law,
hosted by the NHRC on July 9, 2021.
49