Taiwan and the Convention on the Rights of Disabled Persons (CRPD)

Taiwan and the Convention on the Rights of Disabled Persons (CRPD)

As a non-member state of the United Nations, Taiwan is not eligible to become a state party to the major human rights treaties. This, however, did not prevent the Taiwanese government from giving effect to the human rights treaties through domestic legislation. In 2009 the Taiwan legislature passed a law that incorporated the ICCPR and ICESCR into domestic law. Implementing laws were passed for CEDAW and CRC in the following years.

In 2014 the Legislative Yuan passed the Convention on the Rights of Disabled Persons Implementation Law (“Implementation Law”). Article 2 provides that the CRPD provisions “shall have domestic legal status”.

Notably, the Implementation Law also provides for its own reporting obligations. After an initial report within two years of the implementation of the law, the government shall file a report every four years (Article 7).

The Taiwanese government appears to have taken the task of producing the first state party report seriously. Starting from late 2015, a series of training workshops were held for government officials responsible for drafting the report. An initial draft was publicized in early 2016, followed by consultative meetings with relevant stakeholders. The final report was published by the Executive Yuan in December 2016. According to information provided by the government, the English translation of the Initial Report was provided to an International Review Committee (IRC) in April 2017 together with shadow reports drafted by civil society. The IRC held an interactive dialogue with the government over three days from 30 October to 1 November 2017. The Concluding Observations adopted by the IRC were published on 3 November 2017.

The government is also undertaking a review of its laws and regulations for their conformity with the CRPD, in accordance with Article 10 of the Implementation Law. The entire review and revision process is expected to end in 2019.

Related link:
CRPD Website of the Taiwanese government (http://crpd.sfaa.gov.tw/)

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