2.6 Monitoring human rights safeguards for criminal offenders with
mental disabilities
1.
Reason for selection
1)
In Points 63–75 of the concluding observations on Taiwan’s
Second National Report on the CRPD, the IRC expressed
concern that current temporary placement and custodial
protection measures violate the CRPD in that detainees can be
held in custody for disproportionate periods of time,
sometimes
even
indefinitely,
which
prevents
their
reintegration into the community. The IRC also expressed
concern over the lack of mental health professionals at prisons
and correctional facilities.
2)
The NHRC should monitor whether the implementation of
measures stipulated in the Criminal Code, Code of Criminal
Procedure, Rehabilitative Disposition Execution Act, and
other related laws complies with CRPD requirements in terms
of personal freedom and other Constitutional rights for those
with mental or social disabilities who violate the law. The
NHRC should also offer provisional recommendations
regarding issues and doubts arising from the implementation
of new policies.
2.
Significance
Increased understanding of the human rights issues facing those with
mental or social disabilities who violate the law in the judicial,
correctional, health, and sociopolitical system; monitoring new
policies and providing recommendations.
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