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The paper seeks to examine whether and on what basis the international human rights law applies to the territorial non-state entities, having as an example the cases of the Republic of China and the territorial non-state entities from the post-Soviet space. For this purpose, the paper will focus first, on the applicability of the relevant international human rights treaties and general international human rights law regulations. Second, it will look at what place is reserved for the international human rights law in the national legal systems of the analysed territorial non-state entities. It is argued here that these territorial non-state entities proclaim their commitment to the rule of law and human rights by transplanting international regulations, especially the human rights ones, into their national provisions. After analysing the two case studies, it will be claimed that although the territorial non-state entities committed themselves to following international human rights law norms and standards, legal transplant is not sufficient and the territorial non-state entities shall engage more at the practical level in order to ensure the effectiveness of human rights protection on their territories. [ABSTRACT FROM AUTHOR]

The People's Republic of China (PRC) and the Republic of China (ROC) (Taiwan) have taken divergent paths in the area of human rights. Since the two leaders Xi Jinping and Tsai Ing-wen came to power, the differences in the area of human rights have further increased. The paper analyses and compares their external human rights strategies based on realist assumptions and the soft and hard power resources of the PRC and the ROC. The PRC's objectives are to deflect international criticism of its human rights situation and to weaken the global human rights system and its underlying human rights norms. Taiwan's objective is to use its record as a human rights leader in Asia to expand its limited international space and to strengthen its ties with other consolidated democracies and the global civil society. [ABSTRACT FROM AUTHOR]

The paper describes the growing human rights gap between China on one side and the US and Taiwan on the other side and analyses its impact on cross-strait relations. Since Xi Jinping's ascent to power in the People's Republic of China in 2012/2013 and the elections of Donald Trump in the US and Tsai Ing-wen in Taiwan in 2016, the relationship between China and the other two countries has worsened. The US and Taiwan have a similar view on human rights in the PRC. The increasing repression and authoritarianism of the PRC leads to a human rights gap in the Taiwan Strait that increases the divide and the tensions between both sides. The failure of the PRC to address in its proposal for a peaceful unification the concerns of the Taiwanese for their democracy and human rights pushes Taiwan further away. The similar assessment of the PRC's authoritarian threat by the US and Taiwan strengthens the bond between both, based on the shared values of democracy and human rights. [ABSTRACT FROM AUTHOR]

The Presbyterian Church in Taiwan (PCT) is the Protestant denomination with the longest tradition in the country. The central theological position of the church began to change in the late 1960s, and over the following decade the church became increasingly politically active and vocal in its support for human rights, minority rights, and democratization. This paper addresses the issue of human rights as narrated within the PCT, which explained its involvement in human rights with reference to its Christian beliefs. One outcome of the church's endeavors was that the people of Taiwan accepted the struggle initiated by the church and began to ask for free elections. Using the PCT as an example, the paper shows that religious bodies have the potential to be a positive force for change in society and that a Christian perspective on human rights can contribute to secular discourse on the topic. 摘要: 台灣基督長老教會是台灣歷史最為悠久的新教教派。長老教會的神學立場從上世紀 60年代晚期開始發生變化，在此後的幾十年中，教會在人權、少數群體權益和民主 化方面變得尤為政治活躍。本文探討了基督長老教會內部的人權敘事變化，這解釋 了長老教會在基督信仰體系下的人權活動參與。教會努力的結果之一是台灣人民接 受了教會發起的抗爭，開始要求自由選舉。以基督長老教會為例，本文表明宗教 團體有可能成為社會變革的積極力量，基督教對人權的看法可以促進有關該主題的世 俗討論。 [ABSTRACT FROM AUTHOR]

This study focuses on art projects that reflect human rights violations committed by the Guomindang (KMT) government on Taiwan during the Republic of China's (ROC) White Terror Period between 1949 and 1991. It starts with a brief introduction to this historical period in Taiwan, followed by a discussion of artwork that seeks to preserve personal memories in the absence of official records. The paper contrasts official art projects initiated by KMT and Democratic Progressive Party (DPP) administrations in recent decades that aim to address the difficulties of transitional justice, such as the silence of victims, fading memories, and misapprehensions between generations, with spontaneous artwork that responds to the official narratives of past injustice. [ABSTRACT FROM AUTHOR]

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Human rights museums have flourished in the postwar era. Within Asia, a number of these museums reflect upon the histories of dictatorship after WWII and memorialize the victims of related human-rights violations. As providing human rights education (HRE) becomes an increasingly important focus of human rights museums, many challenges must be overcome to achieve the dual goals of memorializing victims and implementing HRE. These challenges are particularly complex for museums that have been established on 'difficult heritage' sites. The National Human Rights Museum in Taiwan (NHRM) was selected as a case study to investigate how a museum can balance the dual functions through a consideration of the very naming process of the museum, its curatorial strategies, and its pedagogical orientations. The proposed pedagogy of listening and dialogue, which focuses visitors' attention on victims' personal stories and intergenerational dialogue, brings both consolation to survivors and learning opportunities for visitors. This paper argues that in order to fully realize the functions of HRE at NHRM, the meanings of traumatic memories should be explored, testimonies should be linked to an examination of the mechanisms used by the totalitarian regime, and discussions of contemporary human rights issues should be appropriately addressed. [ABSTRACT FROM AUTHOR]

Objectives: To investigate the effects of selection and group socialisation on support of human rights, moral reasoning and prejudice in police officers in Taiwan. Methods: We used a longitudinal quasi-experimental design to track three cohorts of police officers (n = 585) and a comparison group of criminology undergraduates (n = 43). Results: There were no statistically significant differences in measures of human rights, moral reasoning and prejudice between new police recruits and the control group. However, time in police education was associated with a statistically significant reduction in police officer support of human rights, moral reasoning and an increase in prejudice. In the control group, the reverse was true. Conclusions: Exposure to police education in Taiwan resulted in police officers being significantly more prejudiced and significantly less adherent to the principles of human rights and moral reasoning. These results appear to be attributable to police socialisation rather than selection effects. [ABSTRACT FROM AUTHOR]

For a long time, Taiwan was confined to being an object of the EU's China policy, but the EU increasingly treats Taiwan as a partner in its own right. EU-Taiwan relations are in their most dynamic stage since the EU opened its representative office in Taipei in 2003. But the 'One China policy' still constrains EU-Taiwan relations, as the EU only recognizes the People's Republic of China as a sovereign state and not Taiwan. The article analyzes EU-Taiwan relations through the lens of Normative Power Europe. Taiwan has gained more attention and support in the EU, because Taiwan is Asia's most liberal democracy. Furthermore, Taiwan also fits well into the EU's geo-economic strategy of de-risking. China's increasingly aggressive policy towards Taiwan and strong support from the United States for Taiwan strengthen the EU's support for Taiwan, too. [ABSTRACT FROM AUTHOR]

In 2020, Taiwan released its National Action Plan on Business and Human Rights (NAP) to implement the UN Guiding Principles on Business and Human Rights, with the government committing to release a revised plan by the end of 2024. In parallel was the release of Taiwan's first National Human Rights Action Plan (NHRAP) in 2022, where refugee protection was expressed as a priority. In this, the government commits to codify legal mechanisms for asylum and clarify application procedures. These developments on business and human rights, on the one hand, and refugee protection, on the other, are significant for the Asia-Pacific because the region hosts the highest number of displaced persons and is the global manufacturing hub. This article examines the nexus between business, human rights and protection for displaced individuals. It provides recommendations on how Taiwan's next NAP can address refugee protection in line with its human rights protection commitment. [ABSTRACT FROM AUTHOR]

Purpose — This paper aims to analyse the class dimensions of racism in Taiwan against temporary migrant workers and migrants' efforts to build inter-ethnic and labour-community coalitions in struggle against racism. Design/methodology/approach — An important source of data for this study were the unstructured interview. Between September 2000 and December 2005, more than 50 temporary migrants and their support groups in Taiwan were interviewed, specifically about migrants' experiences of racism and their resistance strategies. These interviews were conducted face-to-face, sometimes with the assistance of translators. Between 2001 and 2007, some 70 people were interviewed by telephone, between Australia and Taiwan. Findings. — In Taiwan, temporary migrants suffer the racism of exploitation in that capital and the state `racially" categorize them as suitable only for the lowest paid and least appealing jobs. Migrants also suffer neglect by and exclusion from the labour unions. However, migrants have succeeded, on occasions, in class mobilization by building powerful inter-ethnic ties as well as coalitions with some labor unions, local organizations and human rights lobbies. Research limitations/implications — The research raises implications for understanding the economic, social and political conditions which influence the emergence of inter-ethnic bonds and labour-community coalitions in class struggle. Practical implications — The research will contribute to a greater appreciation among Taiwan's labour activists of the real subordination of temporary migrant labour to capital and of the benefits of supporting migrants' mobilization efforts. These benefits can flow not only to migrants but also to the labour unions. Originality/value — A significant body of academic literature has recently emerged on temporary and illegal migrants' efforts to engage the union movements of industrialized host countries. There is a dearth, however, of academic research on the capacity of temporary migrants to invigorate union activism in Asia, including Taiwan. [ABSTRACT FROM AUTHOR]

This article applies discursive institutionalism to compare the debates on the children of temporary immigrant workers in Israel and Taiwan. Policymakers in both countries adopted a guestworker program that prevents the long-term settlement of foreign laborers, let alone that of their children. Over time, the increasing number of children born to these laborers triggered the debate on the proper treatment of these children. The debates in these two countries demonstrated varying discursive themes and led to different policy outcomes. Though primarily built on a particularistic, ethnocentric discourse, the discursive interactions around Israel's Jewish identity resulted in two ad hoc, temporary decisions that legalized the status of hundreds of such children. In contrast, while the dominant narrative in Taiwan has been the supposedly more liberal idea of universal human rights norms, these children have been granted only temporary social service and education support, with no prospect of long-term legal settlement. To understand the seeming paradox in why the more ethnocentric discourse resulted in a degree of policy liberalization while a more universalistic discourse has not, this article shows how agents in the debate responded to the discursive opportunities, with each largely shaped by their respective national identity public philosophies. [ABSTRACT FROM AUTHOR]

The field of queer/sexuality studies in Taiwan was pioneered in the 1990s by a group of mainly second‐generation descendants of Chinese civil war migrants (waishengren) who have problematised and disparaged the post‐martial law Taiwanisation of identity and politics. Despite the seminal nature of their 'sex positive' work that challenged many cultural orthodoxies, subsequent sociopolitical developments strengthening civil society, visibility of and human rights protections for tongzhi (LGBTQ) citizens, the consolidation of Taiwanese identity, and the Chinese Communist Party's (CCP) acceleration of revanchist hostility towards Taiwan over the past two decades have coalesced to forge unequivocal rifts between them and a new generation of Taiwanese sexuality scholars and activists. This rupture highlights how "Taiwan's sex/gender/sexualities knowledge production and reproduction have long been intertwined with the [contentious] politics of nationhood, nation‐building, and nationalism" (Kao, 2019). In probing these interstices, this article proposes a decolonial approach to tongzhi identity politics in Taiwan. [ABSTRACT FROM AUTHOR]

Taiwan is considered to be one of the most progressive countries in Asia but has no asylum law. Does it need one? Many in Taiwan, including officials and politicians, claim that the regulations that are currently in place are sufficient. There are, however, some people in Taiwan who require protection, and the government is not able to respond effectively in the absence of an asylum law. The author has identified several different groups in Taiwan that would benefit from an asylum law — from Hong Kong protesters facing persecution, through Chinese dissidents or descendants of the ROC army from the Thai-Myanmar border region, to Turkish people with revoked passports; grouped into two major categories — persons from the PRC, Tibet, Hong Kong, and Macau (group 1) and persons from other countries (group 2). The draft of the asylum law has been sitting in the Parliament for 14 years, and the reason for it not yet having passed is the "China Factor." The Taiwan-China relationship thus cannot be disconnected from this issue, and the article discusses the three most common concerns with regard to this in the Taiwanese society. While these are legitimate concerns, they could be solved by adopting a dual asylum system dealing with group 1 and group 2 separately. Compared to UN member countries, Taiwan is on its own when it comes to the asylum issue, although adopting an asylum law is part of a broader push to bring Taiwan's legal system in line with international human rights law. The article provides a comprehensive description and analysis of the refugee situation in Taiwan; it is based on document studies and interviews conducted in Taipei in autumn 2020. [ABSTRACT FROM AUTHOR]

In May 2019, Taiwan became the first country in Asia to introduce same-sex marriage. This article compares the path to same-sex marriage in Taiwan with the situation in three of its neighbours – Hong Kong, Japan and South Korea – where similar debates have proceeded without yet achieving marriage equality. Advocates for marriage equality in Taiwan's neighbours can learn some lessons from the experience of the island democracy. First, the struggle for marriage equality is a long-term effort that is built on progress in LGBTQ rights in general and on a broad coalition of supporters from civil society and political parties. Taiwan was already home to Asia's most vibrant LGBTQ community and movement, and has enacted anti-discrimination legislation. Second, the island has introduced gender education in schools, and this shaped the younger generation's positive attitude towards marriage equality. Third, discourses on rights need to be adapted to a country's culture and values. Taiwanese advocates for marriage equality not only talked about marriage equality as a fundamental human right but also stressed values such as mutual respect and a stable partnership and family. [ABSTRACT FROM AUTHOR]

Transitional Justice (TJ) mechanisms have been applied in several post-conflict spaces and commonly hailed by the academy as a - if not the - route to lasting positive peace. Taiwan has seen bouts of at times violent protest, which has given rise to popular and academic claims that renewed TJ efforts are required to achieve true, lasting peace. Against this backdrop, this text identifies sources of grievances and situates Taiwan's case in the wider TJ literature to then explore Taiwan's most recent TJ endeavours under Tsai Ying-Wen, focusing on its core mechanism, the Transitional Justice Commission. Engaging other readings of Taiwanese TJ mechanisms, this article argues that Tsai's TJ mechanisms should be read chiefly as an identity-building project. Located in a wider drive to develop a positive identity for Taiwan, they are an attempt to establish shared historical narratives and ultimately aim to create a more stable Taiwanese identity independent of China as a pivotal Other or benchmark. This process is directed at both domestic and international audiences. This way, Taiwan negotiates, (re-)constructs and reifies a relatively inclusive positive Taiwanese identity not solely through the memories uncovered and remembered through the TJ process, but chiefly through the process itself. [ABSTRACT FROM AUTHOR]

In an era of worldwide rights regression, beleaguered Taiwan remains Asia's most democratic, gender equitable, and liberal internationalist nation. What accounts for this seemingly exceptional record—and how does the feminist factor contribute to the construction of rights? Bridging constructivist and feminist scholarship, this essay argues that gender equity is a force multiplier for democratization as it empowers civil society and fosters legitimacy at home and abroad. In a three-level game, states at the margin of the international system may benefit from rights reform that expands the national interest and delivers material and reputational rewards. The case of Taiwan illustrates the dynamics of the double transition to liberal democracy and a liberal gender regime and its projection to world politics. The rewards of rights for Taiwan suggest a wider range of options even in small states facing regional challenges—and greater attention to the feminist factor in world politics. [ABSTRACT FROM AUTHOR]

Education serves the role of preserving and passing down to future generations' valuable aspects of traditions and cultures, forming the building blocks for advanced civilizations. The world is culturally diverse, yet bonds can be created through cultural exchanges, and found a global peaceful coexistence. The transmission of a variety of cultures can be inhibited or promoted by governments, yet civil society has an autonomous and important role. The author discusses examples from her personal experience in teaching music in a variety of cultural and socio-economic settings, and the impact of governmental policies on artistic teaching. The author also establishes why education in the humanities, conscience, music and fine arts form the structural underpinnings of an advanced society and culture that is sustainable and respects human rights for all. [ABSTRACT FROM AUTHOR]

Since the 1990s, Taiwan has achieved an impressive democratisation that has made it one of the most vibrant democratic societies in Asia. Most of the existing research about Taiwan's foreign policy and cross-strait relations neglects how Taiwan's identity and role as a democratic and pluralistic state influences the island's external relations. This article analyses how Taiwan's achievements in the field of democracy and human rights affect Taiwan's foreign policy and its identity in world politics, and why democracy and human rights are important for it and its external relations. The analysis uses role theory and the three roles of normative power, civilian power, and Global Good Samaritan. [ABSTRACT FROM AUTHOR]

Employing the spiral model, this research analyses how anti-human trafficking legislation was promulgated during the Ma Ying-jeou (Ma Yingjiu) presidency. This research found that the government of Taiwan was just as accountable for the violation of migrants' human rights as the exploitive placement agencies and abusive employers. This research argues that, given its reliance on the United States for political and security support, Taiwan has made great efforts to improve its human rights records and meet US standards for protecting human rights. The reform was a result of multilevel inputs, including US pressure and collaboration between transnational and domestic advocacy groups. A major contribution of this research is to challenge the belief that human rights protection is intrinsic to democracy. In the same light, this research also cautions against Taiwan's subscription to US norms since the reform was achieved at the cost of stereotyping trafficking victimhood, legitimising state surveillance, and further marginalising sex workers. [ABSTRACT FROM AUTHOR]

Transitional justice is a procedure for the government to redress past political and juristic mistakes; however, there are always issues beyond its reach. I've observed that when it comes to the more sensitive issues such as the violation of human rights, art is able to go further with subtle maneuvers through the dimensions of psychology, environment or gender. Based on my research I also find that, in Taiwan, art can better correspond to the formation of a civil society than direct political actions. [ABSTRACT FROM AUTHOR]

This study was designed to investigate the transformation in attitude of social work under-graduate students following the completion of a human rights module near the end of their academic programme in Taiwan. Twenty-five students who enrolled in the 'Human Rights, Gender and Social Work' module at a university in central Taiwan were evaluated by means of self-reported change in attitude towards human rights before and after participation in this semester-long module. Their attitude towards human rights was measured using a twenty-four-item, four-point Likert scale that was developed and previously validated by Xie and Dan (2003). Quantitative analysis was applied. Following an educational intervention of one semester's duration, the participants self-reported a statistically significant change in their attitude towards human rights. The linkage of human rights with social work practice can be facilitated by adopting a specific teaching methodology. [ABSTRACT FROM AUTHOR]

The goals for special education policy in Taiwan are to enable students with disabilities to develop their capacities to the fullest, have equal opportunity to access an effective education, live independently, fully participate in their communities, and become economically as self-sufficient as possible, thereby contributing to their communities in various ways. The authors compare these policies to three conceptual models, one international and two national, and ask: (1) to what extent do these policies have congruence with the recently promulgated United Nations Convention on the Rights of Persons with Disabilities ( UNCRPD) (a document that declares rights in an arguably culturally neutral way)? (2) to what extent are they congruent with the core concepts of U. S. disability policy? and (3) to what extent do these goals, adopted by a democratic government that is significantly different in culture from the United States, reflect U. S. policy as set out in the Individuals with Disabilities Education Act ( IDEA)? The authors also ask: To what extent might Taiwan policy be improved as a consequence of a comparison of it with U. S. and United Nations policy? In reflection, the authors conclude that in general, Taiwan's national special education policy coheres with IDEA, the core concepts, and UNCRPD. The differences between Taiwan's policy and those of IDEA and the core concepts occur mainly because of Taiwan's traditional values and beliefs toward disability. The authors propose more sophisticated elaborations of Taiwan's policies related to family participation, rights of privacy, and appropriate evaluation procedures. [ABSTRACT FROM AUTHOR]

Immigration from marriage has been on the increase in Taiwan since the 1980s.There are more and more foreign women from Southeast Asian countries that have married Taiwanese men. After foreign spouses arrive in Taiwan, they face difficulties such as spousal abuse and social stigma.We should be aware that social work undergraduates can be culturally insensitive and may harbor unintentional discrimination toward these immigrants. We propose a module of introducing human rights, cultural diversity and female marriage immigrants into a social work curriculum. This framework is to spread social work education to a new area, namely, human rights. [ABSTRACT FROM PUBLISHER]