Assessment Mechanisms

However, the progress of law revision is beyond the control of administrative departments. Before domestic laws fall in line with international conventions, the administrative and judicial authorities may face the problem of legal co-existence.As the concluding observations and recommendations of the 2nd national report on the Two Covenants pointed out, in the event that existing or subsequent regulations conflict with the Two Covenants, it is not clear how much the Taiwanese court should give priority to the Two Covenants. Therefore, it is suggested that Taiwan regard the Two Covenants as part of the constitution while strengthening the domestic application of the Two Covenants and other core human rights conventions of the United Nations. In summary, any doubts about the priority application of conventions need to be amended in the implementation acts of the conventions.

No. Action Competent Authority Timetable Key Performance Indicator

16 Evaluate the feasibility of amending Article 8 of theAct to

Implement the Two

Covenants. Ministry of Justice 2021-2024 Convene law amendment meetings to formulate amendment drafts.

17 Evaluate the feasibility of amending Article 8 of the Enforcement

Act of the CEDAW.

18 Evaluate the feasibility of amending Article 9 of the

ImplementationAct of the CRC. Department of Gender Equality, Executive Yuan 2021-2024 Convene law amendment meetings to formulate amendment drafts.

Ministry of Health and Welfare 2021-2024 Convene law amendment meetings to formulate amendment drafts.

(V) Establish Taiwan’s Human Rights Indicators and Human Rights Impact Assessment Mechanisms

1. Human rights indicators

In 2012, the United Nations developed a complete framework and methodology for

human rights indicators, developing 14 human rights “model indicators.” These indicators provide a standard for evaluating how each country is implementing the Two Covenants to protect people’s rights. Each nation may develop its own human rights indicators to suit domestic situations. Taiwan currently adopts some concepts of the human rights indicators in the follow-up response to the concluding observations and recommendations of the international review of the Two Covenants, the CRC and the CRPD. Additionally, the competent authorities of various human rights conventions plan their own development of localized human rights indicators. However, the establishment of localized human rights indicators involves a wide range of aspects and has far-reaching impacts, and more discussions and overviews need to be conducted to build consensus and accelerate Taiwan’s progress of developing human rights indicators.

The Taiwan Women’s Human Rights Indicators Development and Situational Analysis completed in June 2017 included the contents of the CEDAW and the gender equality policy framework to develop 33 important women’s human rights indicators. These indicators will be used in the writing of national reports for the convention to examine the development of women’s human rights every four years.

2. Human rights impact assessment

Taiwan’s human rights impact assessments are handled according to laws or medium- and long-term individual projects. Relevant laws are handled in accordance with the provisions of Subparagraph 4, Article 3 of the Notices Regarding the Submission of Bills of Executive Yuan Agencies. While drafting relevant bills, a thorough assessment of the aspects and scope of its impact, including cost, benefits, and effect on human rights must be conducted. The current Regulatory and Gender Impact Assessment Checklist includes Constitutional Provisions on People’s Rights, ICCPR and ICESCR. The checklist examines impacts on human rights but is not regulated by human rights indicators. In addition, the medium- to long-term case plan includes human rights impact assessment regarding gender and accessibility based on the “Self-assessment Checklist” and “Gender Impact Assessment Form for Medium- and Long-term Individual Projects” formulated by the “Directions for Editing and Deliberation of Medium- and Long-Term Individual Projects of Executive Yuan Subordinate Agencies.”

The above-mentioned human rights impact assessment tools lack a complete and comprehensive assessment design. What’s worse, localized core human rights indicators have yet to be developed for most conventions. Currently, assessments for

the CRC are being developed, with certain bills selected for trial implementation to determine effectiveness and accumulate experience. The bills may be expanded to other human rights conventions. The core human rights indicators of each convention are selected to gradually develop a set of impact assessment tools that include the core indicators of the human rights conventions in bills and medium and long-term individual projects.

3. Human rights statistics

Constructing Taiwan’s human rights indicators and human rights impact assessment mechanism requires sound human rights statistics. There is currently a lack of statistical data on the implementation of many human rights aspects, making it impossible to fully evaluate how conventions are implemented. Moreover, the current statistical categories are not in line with human rights indicators, but human rights statistics are the responsibility of various agencies and require inter-agency cooperation.

No. Action Competent Authority Timetable Key Performance Indicator

19 1. Human rights indicators: (1) Each competent authorityof human rights conventions develops a plan to promote the development of human rights indicators. 20 (2) Each competent authorities of human rights conventions develops a plan to promote the education of human rights indicators.

Various human rights competent authorities: Ministry of Justice, Department of Gender Equality, Executive Yuan, Ministry of Health and Welfare, Ministry of the Interior 2020-2024 1. Each competent authority of human rights convention develops 5-10 indicators for important points or specific groups.

2. Establish a mechanism for data collection, aggregation and analysis, and regular reports on human rights indicators.

Raise awareness of human rights indicators among the competent authorities of various human rights conventions.

No. Action Competent Authority Timetable Key Performance Indicator

21 (3) Monitor CEDAW human rights indicators and publish CEDAW human rights indicators statistics.

22 2. Human rights impact assessment:

(1) Formulate and develop human rights impact assessment promotion plans, establish training groups for human rights impact assessment, and develop operational tools for assessing the human rights impact of developing bills and medium- and long-term individual projects. Department of Gender Equality, Executive Yuan 2022 Examine the progress of women’s human rights through women’s human rights indicators in national reports every four years, and publish CEDAW human rights statistics in the “important gender statistics database” section of the Executive Yuan Gender Equality Committee.

Current: Executive Yuan (Executive Yuan Human Rights Protection Working Group (Human Rights System Team)) and relevant ministries and departments Future: Department of Human Rights, Executive Yuan and relevant ministries and departments 2022-2024 Establish a standard mechanism for the human rights impact assessment of bills and mid- to long-term case plans.

No. Action Competent Authority Timetable Key Performance Indicator

23 (2) Cooperate with the standard human rights impact assessment mechanism for bills and medium- and long-term individual projects established by the Human Rights Protection Working Group of the Executive Yuan and discuss feasible practices, assessment categories, and procedures. 24 (3) Promote the assessment mechanisms developed by the Human Rights Protection Working Group of the Executive Yuan (including the recommended assessment format and content) on a trial basis. 25 (4) Revise the Directions for Editing and Deliberation of Medium- and

National Development Council 2022-2024 Design human rights impact assessment items and methods for mid- to long-term plans.

National Development Council 2022-2024 Trial completed.

National Development Council 2022-2024 Complete revisions of the Directions for Editing and Deliberation of Medium- and Long-Term Individual Projects of Executive Yuan

No. Action Competent Authority Timetable Key Performance Indicator

Long-Term Individual Projects of Executive Yuan Subordinate Agencies according to the results of the trial operation. Incorporate the above-mentioned assessment system into the self-assessment checklist for the official launch. 26 (5) After the competent authorities of various human rights conventions have developed indicators on important human rights items or specific groups, relevant provisions of the Notices Regarding the Submission of Bills of Executive Yuan Agencies will be examined and revised, requiring all agencies under the Subordinate Agencies.

Executive Yuan Legal Affairs Committee 2022-2024 Complete revisions to relevant provisions of the Notices Regarding the Submission of Bills of Executive Yuan Agencies.

No. Action Competent Authority Timetable Key Performance Indicator

Executive Yuan to carry out assessments based on the indicators they established if impacts on human rights are discovered in impact assessments conducted by Executive Yuan agencies. 27 (6) Review the adequacy of the scope of gender impact assessment. 28 3. Human rights statistics:

Human rights statistical categories are jointly formulated by the competent authorities of human rights conventions and the Directorate-General of Budget, Accounting and Statistics. Department of Gender Equality, Executive Yuan 2024 Complete review of the scope of the gender impact assessment and the revision of related forms.

Organized by the competent authorities of each human rights convention (Ministry of Justice, Department of Gender Equality, Executive Yuan Ministry of Health and Welfare, Ministry of the Interior) and Directorate-General of Budget, Accounting and Statistics, Executive Yuan; co-organized by other agencies 2020-2024 Add important human rights statistical categories for each convention.