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Vol 24 No 6 June/July 2019

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Taiwan and International Human Rights: A Story of Transformation

Edited by: Jerome A. Cohen, William P. Alford, Chang-fa Lo

ISBN13: 9789811303494
Published: June 2019
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £139.99

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This book tells a story of Taiwan's transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties.

There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition.

There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan's voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court's introduction of such treaties into its constitutional interpretation are also fully expounded in the book.

Taiwan's NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food.

The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan's human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions.

Human Rights and Civil Liberties, Other Jurisdictions , Asia
Part I – Introduction
1. Jerome A Cohen, William P Alford, Chang-fa Lo. Introduction – How the Story Began – Background to the Present
2. Jerome A Cohen.Taiwan’s Political-Legal Progress: Memories of the KMT Dictatorship
Part II – Human Rights Transition from Broader Perspectives
3. Nigel Li.Asian Values, Confucian Tradition and Human Rights
4. Brad R Roth. Human Rights and Transitional Justice: Taiwan’s Adoption of the ICCPR and the Redress of 228 and Martial-Law-Era Injustices
5. Chun Hung Chen, Hung Ling Yeh. The Battlefield of Transitional Justice in Taiwan: a Relational View
6. Cheng-Yi Huang. Frozen Trials: Political Victims and Their Quest for Justice
7. Chien-Chih Lin. Towards an Analytical Framework of Constitutionalism in East Asia: The Case of Taiwan
Part III – Institutional Setting and Voluntary Compliance of Human Rights Treaties
8. Mab Huang.A National Human Rights Commission for Taiwan?
9. Fort Fu-Te Liao. Establishing a National Human Rights Institution - Taiwan in Global Trends
10. Ernest Caldwell. The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?
11. Jacques deLisle. “All the World’s a Stage”: Taiwan’s Human Rights Performance and Playing to International Norms
12. Yu-Jie Chen. Isolated but Not Oblivious: Taiwan’s Acceptance of the Two Major Human Rights Covenants
13. Wen-Chen Chang. Taiwan’s Human Rights Implementation Act: A Model for Successful Incorporation?
14. Yean-Sen Teng. The Problems of Incorporation of International Human Rights Law in Taiwan
15. Chang-fa Lo. The Approach of Introducing International Human Rights Treaties into the Interpretation of Constitutional Provisions in Taiwan
16. Yen-tu Su.Rights Advocacy through Simulation: The Genius of the Constitutional Court Simulation in Taiwan
17. Song-Lih Huang, Yibee Huang.The Role of NGOs in Monitoring the Implementation of Human Rights Treaty Obligations
18. Manfred Nowak. Personal Reflections on the Taiwan Human Rights Review Process
Part IV – Protection of Civil and Political Rights
19. Ming-Sung Kuo, Hui-Wen Chen. Killing in Your Name: Pathology of Judicial Paternalism and the Mutation of the “Most Serious Crimes” Requirement in Taiwan
20. Rong-Geng Li. A Silent Reform of the Death Penalty in Taiwan (R.O.C.)
21. Chao-Chun Lin. A Core Case for Judicial Review-Protecting Personal Liberty in Taiwan
22. Hui-chieh Su. From Suppression to Real Freedom of Expression in the Open and Plural Society of Taiwan – The Constitutional Court’s Role in This Progress
23. Jeffrey Li. Freedom of Movement in Taiwan – A Local Development to Meet International Standards
24. Chih-hsing Ho. Configuration of the Notion of Privacy as a Fundamental Right in Taiwan – A Comparative Study with International Treaties and EU Rules
25. Margaret K Lewis. Who Shall Judge? Taiwan’s Exploration of Lay Participation in Criminal Trials
Part V – Protection of Economic, Social and Cultural Rights
26. Chuan-Feng Wu. The Right to Health in Taiwan: Implications and Challenges
27. Chun-Yuan Lin. The Evolution of Environmental Rights in Taiwan
28. Wen-chen Shih. Human Rights and Climate Finance—How Does the Normative Framework Affect Taiwan?
29. Ching-Fu Lin. Constitutional and Legal Dimensions of the Right to Food in Taiwan: A Long March Toward Normative Internalization and Realization
30. Tsai-yu Lin. Tobacco Investment and Human Rights: A Challenge for Taiwan’s Implementation of ICESCR in Its Foreign Investment Policy
31. Su-Hua Lee. Human Rights and Intellectual Property Protection: Their Interplay in Taiwan
Part VI – Protection of Specific/Vulnerable Groups
32. Chang-fa Lo. When Women’s Rights Encounter Tradition in Taiwan
33. Hsiaowei Kuan. LGBT Rights in Taiwan – The Interaction Between Movements and the Law
34. Awi Mona (Chih-Wei Tsai), Seediq Tgdaya. National Apology and Reinvigoration of Indigenous Rights in Taiwan
35. Amy Huey-Ling Shee. Local Images of Global Child Rights: CRC in Taiwan
36. William P Alford, Charles Wharton, Hu Qiongyue.People over Pandas: Taiwan’s Engagement of International Human Rights Norms with Respect to Disability
37. Nai-Yi Sun. On the Road to Equal Enjoyment of Human Rights for Persons with Disabilities: The Development of Domestic Laws in Taiwan and Their Dialogue with the CRPD
38. Yi-Li Lee. Constitutional Dynamics of Judicial Discourse on the Rights of Non-Citizens: The Case of Taiwan