| TAIWAN Taiwan T'ai-wan Joined United Nations: Not Applicable- (lost status in 1971 to the People's Republic of China) Human Rights as assured by their constitution Updated 12 October 2012 |
Chapter II Rights and Duties of the People
Article 7
All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law.
Article 8
(1) Personal freedom shall be guaranteed to the people. In no case except that of flagrante delicto, which shall be separately prescribed
by law, shall any person be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by
law. No person shall be tried or punished other than by a law court in accordance with the procedure prescribed by law. Any arrest,
detention, trial, or punishment not carried out in accordance with the procedure prescribed by law may be resisted.
(2) When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall inform
him in writing, and any relative or friend of his designated by him, of the grounds for his arrest or detention, and shall turn him over, not
later than twenty-four hours after his arrest, to a competent court for trial. The said person, or any other person, may petition the
competent court to serve a writ on the organ making the arrest to surrender within twenty-four hours the said person for trial.
(3) The court shall not reject the petition referred to in the preceding paragraph, nor shall it first of all order the organ concerned to make
an investigation and submit a report thereon. The organ concerned shall not refuse to comply, or delay in complying, with the writ of the
court for the surrender of the said person for trial.
(4) When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court to make an investigation.
The court shall not reject such a petition and shall, within twenty-four hours, investigate the action taken by the organ concerned and
deal with the matter in accordance with law.
Article 9
Except those in active military service, no person shall be liable to court-martial.
Article 10
The people shall have freedom of residence and of change of residence.
Article 11
The people shall have freedom of speech, teaching, writing, and publication.
Article 12
The people shall have freedom of privacy of correspondence.
Article 13
The people shall have freedom of religious belief.
Article 14
The people shall have freedom of assembly and of association.
Article 15
The right to live, the right to work, and the right to own property shall be guaranteed to the people.
Article 16
The people shall have the right to present petitions, lodge complaints, and institute legal proceedings.
Article 17
The people shall have the rights of election, recall, initiative, and referendum.
Article 18
The people shall have the right to take public examinations and hold public offices.
Article 19
The people shall have the duty to pay taxes in accordance with law.
Article 20
The people shall have the duty to render military service in accordance with law.
Article 21
The people shall have the right and the duty, to receive elementary education.
Article 22
All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the
Constitution.
Article 23
All the freedoms and rights enumerated in the preceding articles shall not be abridged by law except such as may be necessary to prevent
infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare.
Article 24
Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to
disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim
damages from the State for any injury sustained therefrom.
Article 7
All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law.
Article 8
(1) Personal freedom shall be guaranteed to the people. In no case except that of flagrante delicto, which shall be separately prescribed
by law, shall any person be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by
law. No person shall be tried or punished other than by a law court in accordance with the procedure prescribed by law. Any arrest,
detention, trial, or punishment not carried out in accordance with the procedure prescribed by law may be resisted.
(2) When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall inform
him in writing, and any relative or friend of his designated by him, of the grounds for his arrest or detention, and shall turn him over, not
later than twenty-four hours after his arrest, to a competent court for trial. The said person, or any other person, may petition the
competent court to serve a writ on the organ making the arrest to surrender within twenty-four hours the said person for trial.
(3) The court shall not reject the petition referred to in the preceding paragraph, nor shall it first of all order the organ concerned to make
an investigation and submit a report thereon. The organ concerned shall not refuse to comply, or delay in complying, with the writ of the
court for the surrender of the said person for trial.
(4) When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court to make an investigation.
The court shall not reject such a petition and shall, within twenty-four hours, investigate the action taken by the organ concerned and
deal with the matter in accordance with law.
Article 9
Except those in active military service, no person shall be liable to court-martial.
Article 10
The people shall have freedom of residence and of change of residence.
Article 11
The people shall have freedom of speech, teaching, writing, and publication.
Article 12
The people shall have freedom of privacy of correspondence.
Article 13
The people shall have freedom of religious belief.
Article 14
The people shall have freedom of assembly and of association.
Article 15
The right to live, the right to work, and the right to own property shall be guaranteed to the people.
Article 16
The people shall have the right to present petitions, lodge complaints, and institute legal proceedings.
Article 17
The people shall have the rights of election, recall, initiative, and referendum.
Article 18
The people shall have the right to take public examinations and hold public offices.
Article 19
The people shall have the duty to pay taxes in accordance with law.
Article 20
The people shall have the duty to render military service in accordance with law.
Article 21
The people shall have the right and the duty, to receive elementary education.
Article 22
All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the
Constitution.
Article 23
All the freedoms and rights enumerated in the preceding articles shall not be abridged by law except such as may be necessary to prevent
infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare.
Article 24
Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to
disciplinary punishment in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim
damages from the State for any injury sustained therefrom.
Taiwan came under the possession of Japan following the First Sino-Japanese War from
1894-1895 with the Treaty of Shimonoseki in 1895. Resistance was sporadic in the first days
of the 20th century but effectively crushed by 1902. Taiwan's early industrial base was due
in part to Japan's efforts to modernize the island and, in the 30's, to ramp up production of
war materials. Following World War II the Chinese Nationalist Party (Kuomintang) occupied
the island on 25 October 1945 following Japan's surrender. The nation's constitution was
adopted on 25 December 1946. Violent resistance to mainland occupation led to a massacre
of 30,000 Taiwanese. Following the civil war on mainland China, which had been underway
since the 1930's between Chiang Kai-shek and the Communist Party's Mao Zedong, 2
million Chinese mainlander nationalists fled to Taiwan, proclaiming it the Republic of China
(ROC) when Mao declared the mainland as the People's Republic of China (PRC) in 1949. In
the 1952 San Francisco Peace Treaty, Japan renounced all right, claim, and title to Taiwan,
but no "receiving country" was specified. Hence, although Chiang Kai-shek's ROC
government retained its position as the sole legal government of China in the world
community, it was not internationally recognized as the legal government of Taiwan. In
1971, the ROC government walked out of the United Nations shortly before the body
recognized the PRC government in Beijing as the legitimate holder of China's seat in the
United Nations. The ROC had been offered dual representation, but Chiang Kai-shek
demanded to retain a seat on the UN Security Council, which was not acceptable to the
PRC. The national status of Taiwan continues to remain unresolved as Mainland China
considers Taiwan part of the People's Republic and about half of Taiwan's residence desire
independence. Human rights are enumerated in Chapter II and are detailed below. For a full
English translation of Taiwan's constitution, click here.
1894-1895 with the Treaty of Shimonoseki in 1895. Resistance was sporadic in the first days
of the 20th century but effectively crushed by 1902. Taiwan's early industrial base was due
in part to Japan's efforts to modernize the island and, in the 30's, to ramp up production of
war materials. Following World War II the Chinese Nationalist Party (Kuomintang) occupied
the island on 25 October 1945 following Japan's surrender. The nation's constitution was
adopted on 25 December 1946. Violent resistance to mainland occupation led to a massacre
of 30,000 Taiwanese. Following the civil war on mainland China, which had been underway
since the 1930's between Chiang Kai-shek and the Communist Party's Mao Zedong, 2
million Chinese mainlander nationalists fled to Taiwan, proclaiming it the Republic of China
(ROC) when Mao declared the mainland as the People's Republic of China (PRC) in 1949. In
the 1952 San Francisco Peace Treaty, Japan renounced all right, claim, and title to Taiwan,
but no "receiving country" was specified. Hence, although Chiang Kai-shek's ROC
government retained its position as the sole legal government of China in the world
community, it was not internationally recognized as the legal government of Taiwan. In
1971, the ROC government walked out of the United Nations shortly before the body
recognized the PRC government in Beijing as the legitimate holder of China's seat in the
United Nations. The ROC had been offered dual representation, but Chiang Kai-shek
demanded to retain a seat on the UN Security Council, which was not acceptable to the
PRC. The national status of Taiwan continues to remain unresolved as Mainland China
considers Taiwan part of the People's Republic and about half of Taiwan's residence desire
independence. Human rights are enumerated in Chapter II and are detailed below. For a full
English translation of Taiwan's constitution, click here.