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Caldwell, Ernest (2019) 'The Control Yuan and Human Rights in Taiwan: Towards the Development of a National Human Rights Institution?' In: Alford, William, Cohen, Jerome and Lo, Chang-fa, (eds.), Taiwan and International Human Rights: A Story of Transformation. Singapore: Springer Nature, pp. 155-172. (Economics, Law, and Institutions in Asia Pacific)

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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.

Item Type: Book Chapters
Keywords: Control yuan, National human rights institution, Martial law
SOAS Departments & Centres: Legacy Departments > Faculty of Law and Social Sciences > School of Law
Legacy Departments > Faculty of Law and Social Sciences > School of Law > Centre of East Asian Law (CEAL)
Legacy Departments > Faculty of Law and Social Sciences > School of Law > Centre for Human Rights Law (CHRL)
Legacy Departments > Faculty of Law and Social Sciences > Centre of Taiwan Studies
Regional Centres and Institutes > SOAS China Institute
School Research Centres > Centre for Asian Legal Studies
School Research Centres > Centre for Human Rights Law
Departments and Subunits > School of Law
ISBN: 9789811303494
DOI (Digital Object Identifier): https://doi.org/10.1007/978-981-13-0350-0_10
Date Deposited: 10 Sep 2017 14:39
URI: https://eprints.soas.ac.uk/id/eprint/24511

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