Part VI >
Essays on Human Rights
The Rights Defender (Défenseur des droits),
and organizational issues faced by human
cases and has five areas of competence:
positioning is always a much-debated issue,
on the other hand, mainly deals with individual
children’s rights, access to public services,
fight against discrimination, ethical behavior
of security personnel and protection of
whistleblowers. This institution receives
over 100,000 complaints a year and also
publishes analytical reports with key policy
recommendations based on the numerous
cases it receives on a daily basis. Because
of its area of expertise, the Rights Defender
usually provides an independent opinion to the
UN Committee on the Rights of the Child and
the Committee on the Rights of Persons with
Disabilities.
Lastly, the Controller of Places of Deprivation
of Liberty (CGLPL) monitors the human rights
situation of persons detained in such places
(prisons, detention centers, psychiatric
hospitals, juvenile detention centers, etc.). It
receives complaint letters from detainees and
patients and carries out regular, impromptu
visits across the nation. It is also in charge
of monitoring the implementation of the
Convention Against Torture in France.
At the end of 2022, two series of exchanges
between the French National Consultative
Commission on Human Rights and the
Taiwanese NHRC were organized. In
November, a representative from the CNCDH
came to Taipei to give a keynote speech about
the positioning ( 定 位 ) of national human rights
institutions and their relationships at the annual
conference organized by the NHRC. It was also
an opportunity to have internal discussions with
Commissioners and staff to deepen the ideas
presented during the conference and discuss
more thoroughly about working methodologies
90
National Human Rights Commission 2022 Annual Report
rights institutions. A human rights institution’s
especially in the early days of its existence. In
Taiwan, as elsewhere, all the stakeholders who
interact with the Commission are concerned
with this issue, from NGOs, scholars, officials
and MPs to members of international convention
review committees and representative offices in
Taiwan.
These initial discussions were further developed
when a delegation of the NHRC, led by its
President Chen Chu, went to Paris a month
later and met with the President of the CNCDH
as well as with the CGLPL. The delegation also
met with several French NGOs and unions
working on human rights internationally as well.
It provided an opportunity to talk about human
rights issues in Taiwan such as the abolition
of death penalty, migrant workers’ rights or
indigenous rights.
As mentioned above, there are a few
differences between the Taiwanese and French
way of setting up human rights institutions.
Firstly, France has set up different human
rights institutions with different mandates
while, for now, Taiwan has chosen to establish
one institution, the NHRC, with a very wide
mandate roughly equivalent to the three French
institutions. Therefore, the mandates of the
CNCDH and the NHRC do not fully overlap.
Moreover, the number of members is quite
different given the CNCDH has many more
members (60 to be precise), half of which come
from the main NGOs and unions in France
while the other half are human rights experts
(academics, former Special Rapporteurs,
former judges, lawyers, etc.) while the NHRC
has eight full members and two that rotate on