The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?

Caldwell, Ernest

Abstract

This chapter contributes to the growing literature on international human rights and National Human Rights Institutions (NHRIs) in Taiwan. Despite decades of debate, Taiwan has never established a NHRI that complies with international human rights norms. At present, Taiwan is confronted with three viable options: the creation of an independent NHRI, the creation of a national commission under the Office of the President, or the reform of the Control Yuan into a NHRI. In this chapter, I focus on the latter option: the use of the Control Yuan as a NHRI. Specifically, I consider the historical relationship of the Control Yuan to human rights in Taiwan, and further consider the socio-legal as well as constitutional, implications of reforming this branch of government into a NHRI that complies with international human rights norms.

Citation

Caldwell, E. (2019). The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?. In W. Alford, J. Cohen, & C.-F. Lo (Eds.), Taiwan and International Human Rights: A Story of Transformation (155-172). Springer Nature. https://doi.org/10.1007/978-981-13-0350-0_10

• Acceptance Date: Sep 5, 2017
• Publication Date: May 27, 2019
• Deposit Date: Sep 10, 2017
• Publicly Available Date: Mar 17, 2021
• Pages: 155-172
• Series Title: Economics, Law, and Institutions in Asia Pacific
• Book Title: Taiwan and International Human Rights: A Story of Transformation
• ISBN: 9789811303494
• DOI: https://doi.org/10.1007/978-981-13-0350-0_10
• Keywords: Control yuan, National human rights institution, Martial law