Taiwan – Equality & non-discrimination

III. The State duty to protect human rights

C. Actions planned

  • Continue committing to implement important United Nations human rights covenants, incorporating them into domestic law, and preparing national reports for review (pages 8-9)

‘A plan of the Ministry of the Interior (MOI) to implement the “International Convention on the Elimination of All Forms of Racial Discrimination” was approved by the Executive Yuan on 8 May 2020. […] The Ministry’s work will include the preparation of a national report and the conduct of an international review.’

  • Continue pushing for passage of laws to protect working conditions and labor rights (pages 9-10)

‘The Taiwan government each year holds workshops on workplace equality and sexual harassment to prevent employers from discriminating against employees or job seekers on account of age.’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, The state duty to protect, UNGP 2, Actions planned (pages 39-40).

 

V. Access to remedy

B. Actions taken

  • Judicial remedy

Civil remedy and litigation aid (page 17)

‘The “Code of Civil Procedure” and the “Labor Incident Act” both provide for a “litigation aid” system. Under this system, except in cases where there is manifestly no prospect for a party to prevail in the action, or where a party lacks the financial means to pay the litigation expenses, the court may grant the litigant temporary relief from any requirement to pay court costs. Taiwan’s “Legal Aid Act” provides that when a party lacks the financial means to pay litigation expenses and attorney fees, the court shall provide aid through an institutional channel to safeguard the basic human right of the people to engage in litigation and benefit from the right of equality.’

This information is also covered under Appendix 3: Concrete actions taken by Taiwan to provide effective remedy systems, Civil remedy and litigation aid (page 35).

  • Non-judicial remedy

Grievance system for employment discrimination (page 19)

‘The labor competent authorities in local governments throughout Taiwan have already established employment discrimination grievance channels to deal with instances of employment discrimination involving gender, age, and disability. Accordingly, employees or job seekers who discover law-breaking behavior on the part of an employer can file a grievance via any of the [channels mentioned in this NAP].’

This information is also covered under Appendix 4: Overview of the implementation of the state duty to protect and the access to remedy, Access to remedy UNGP30, Actions taken (page 59).

 

Appendix 1: Concrete actions taken by Taiwan to fulfill the state obligation to protect

  • Taiwan’s commitment to human rights and international participation (page 23)

‘The “Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women” came into force on 1 January 2012. This convention promotes fairer gender standards in Taiwan with the aim of achieving gender equality.’

  • Government procurement (page 24)

‘Article 101, paragraph 1, subparagraph 14 of the “Government Procurement Act” provides that where the supplier discriminates on the
basis of gender, aboriginal status, physical or mental disability, or status as the member of a disadvantaged group, where the details of the
discrimination are particularly serious, it will be published in the Government Procurement Gazette and the supplier shall not be allowed to
bid on a government contract (or be a sub-contractor) for one year.’

  • Other legislative action and measures (page 29)

‘To promote gender equality in the workplace, Chapter II of the “Act of Gender Equality in Employment” expressly prohibits employers from discriminating on the basis of gender or sexual orientation, and Chapter III of the same Act states that employers are obliged to prevent sexual harassment, and requires employers of a certain size to establish measures for preventing and correcting sexual harassment, complaint procedures, and disciplinary measures, and to openly display these measures in the workplace.’