The Transitional Justice Commission ( TJC ; Chinese : 促進轉型正義委員會 ; pinyin : Cùjìn Zhuǎnxíng Zhèngyì Wěiyuánhuì ) was an independent government agency of the Republic of China (Taiwan) active from 31 May 2018 to 30 May 2022 based on the Act on Promoting Transitional Justice. The commission is responsible for the investigation of actions taken by the Kuomintang between 15 August 1945 and 6 November 1992. The commission's main aims include: making political archives more readily available, removing authoritarian symbols, redressing judicial injustice, and producing a report on the history of the period which delineates steps to further promote transitional justice.
104-722: The Act on Promoting Transitional Justice ( 促進轉型正義條例 ) was passed by the Legislative Yuan on 5 December 2017. The act sought to rectify injustices committed by the authoritarian Kuomintang government of the Republic of China on Taiwan , and to this end established the Transitional Justice Commission to investigate actions taken from 15 August 1945, the date of the Hirohito surrender broadcast , to 6 November 1992, when president Lee Teng-hui lifted
208-550: A broad range of civil, political, economic, social, and cultural rights, such as the right to life , freedom of expression , protection against enslavement , and access to education . The modern concept of human rights gained significant prominence after World War II , particularly in response to the atrocities of the Holocaust , leading to the adoption of the Universal Declaration of Human Rights (UDHR) by
312-552: A central focus in international relations and legal frameworks, supported by institutions such as the United Nations, various non-governmental organizations, and national bodies dedicated to monitoring and enforcing human rights standards worldwide. Many of the basic ideas that animated the human rights movement developed in the aftermath of the Second World War and the events of the Holocaust , culminating in
416-749: A close relationship between the Kuomintang and members of the Bamboo Union gang during martial law. Documents from the Taiwan Provincial Police Division, now the National Police Agency , declassified on November 12, 2020 showed the extent of the KMT surveillance apparatus, which continued until Chen Shui-bian won the presidency in 2000 and reached its peak of 15,000 people in a year. On February 26, 2020,
520-467: A contentious situation in which the pan-blue coalition has only a thin majority over the governing pan-green coalition in the legislature, making the passage of bills often dependent on the votes of a few defectors and independents. Because of the party situation there have been constitutional conflicts between the Legislative Yuan and the executive branch over the process of appointment for
624-422: A country's population economically in order dampen that population's view of its government. It is also argued that, counterproductively, sanctions on offending authoritarian governments strengthen that government's position domestically as governments would still have more mechanisms to find funding than their critics and opposition, who become further weakened. The risk of human rights violations increases with
728-533: A fraction of the electorate to force a constitutional referendum. It was feared that allowing this to occur would result in a referendum on Taiwan independence which would likely result in a crisis with the People's Republic of China . The Legislative Yuan also proposed to give itself the power to summon the president for an annual "state of the nation" address and launch a recall of the president and vice president (proposed by one fourth and approved by two thirds of
832-579: A given country. Although not all NHRIs are compliant with the Paris Principles, the number and effect of these institutions is increasing. The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights in Paris on 7–9 October 1991, and adopted by United Nations Human Rights Commission Resolution 1992/54 of 1992 and
936-618: A mandate to investigate alleged human rights violations. 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the United Nations General Assembly . Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in Geneva , and meets three times a year; with additional meetings to respond to urgent situations. Independent experts ( rapporteurs ) are retained by
1040-675: A mandate to promote and safeguard certain of the rights later included in the Universal Declaration of Human Rights (UDHR): the primary goal of the ILO today is to promote opportunities for women and men to obtain decent and productive work, in conditions of freedom, equity, security and human dignity. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to
1144-460: A mandatory 180-day promulgation period, the amendment would have to be ratified by an absolute majority of all eligible voters of the ROC irrespective of voter turnout. The latter requirement would allow a party to kill a referendum proposal by asking that their voters boycott the vote as was done by the KMT with the referendums associated with the 2004 presidential election . A DPP proposal to allow
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#17327835407571248-593: A minimum of 1 electoral district, thereby guaranteed at least one seat in the legislature, while half of the proportionally represented seats drawn from party lists must be women. Additionally, the Legislative Yuan proposed to abolish the National Assembly. Future amendments would still be proposed by the LY by a three-fourths vote from a quorum of at least three-fourths of all members of the Legislature. After
1352-567: A reaction to slavery, torture, genocide, and war crimes. The medieval natural law tradition was heavily influenced by the writings of St Paul's early Christian thinkers such as St Hilary of Poitiers , St Ambrose , and St Augustine . Augustine was among the earliest to examine the legitimacy of the laws of man, and attempt to define the boundaries of what laws and rights occur naturally based on wisdom and conscience, instead of being arbitrarily imposed by mortals, and if people are obligated to obey laws that are unjust . The Kouroukan Fouga
1456-475: A term of two years. The 4th Legislative Yuan under this period had its members expanded to 194, and its term in office was extended to 14 years because of the Second Sino-Japanese War (1937–1945). According to KMT political theory, these first four sessions marked the period of political tutelage . The current Constitution of the Republic of China came into effect on 25 December 1947, and
1560-417: A three-year term in 1972, fifty-two in 1975, ninety-seven in 1980, ninety-eight in 1983, one hundred in 1986, and one hundred thirty in 1989. Although the elected members of the Legislative Yuan did not have the majority to defeat legislation, they were able to use the Legislative Yuan as a platform to express political dissent . Opposition parties were formally illegal until 1991, but in the 1970s candidates to
1664-493: A typology of six paradigms of action that agents, such as human rights agencies, international organizations, individual states, and NGOs , could use to enforce human rights: (1) accountability, (2) inducement, (3) assistance, (4) domestic contestation and engagement, (5) compulsion, and (6) external adaptation. Responsibility to protect refers to a doctrine for United Nations member states to intervene to protect populations from atrocities. It has been cited as justification in
1768-551: Is a branch of government elected by the National Assembly that serves as the standing legislative body when the National Assembly is not in session. The legislators are to be elected through direct elections . In the constitution, Legislative Yuan, together with National Assembly and Control Yuan , form three chambers of a tricameral parliament according to the Judicial Yuan 's interpretation number 76 of
1872-642: Is a quasi-judicial organ of the African Union tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights and considering individual complaints of violations of the Charter. The commission has three broad areas of responsibility: In pursuit of these goals, the commission
1976-689: Is an autonomous organ of the Organization of American States, also based in Washington, D.C. Along with the Inter-American Court of Human Rights , based in San José , Costa Rica, it is one of the bodies that comprise the inter-American system for the promotion and protection of human rights. The IACHR is a permanent body which meets in regular and special sessions several times a year to examine allegations of human rights violations in
2080-749: Is an international organization, headquartered in Washington, D.C., United States. Its members are the thirty-five independent states of the Americas. Over the course of the 1990s, with the end of the Cold War , the return to democracy in Latin America, and the thrust toward globalization , the OAS made major efforts to reinvent itself to fit the new context. Its stated priorities now include the following: The Inter-American Commission on Human Rights (the IACHR)
2184-410: Is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of
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#17327835407572288-488: Is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by state judiciaries and other judiciaries. In 1966, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted by the United Nations, between them making the rights contained in
2392-486: Is possible in their original electoral districts ." In response to the increasing democracy movement in Taiwan , limited supplementary elections were held in Taiwan starting from 1969 and parts of Fujian from 1972. Legislators elected in these supplementary elections served together with those who were elected in 1948. This situation remained until a Constitutional Court ( Judicial Yuan ) ruling on 21 June 1991 that ordered
2496-907: Is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of
2600-471: Is widely accepted, debates persist regarding which rights should take precedence, how they should be implemented, and their applicability in different cultural contexts. Criticisms often arise from perspectives like cultural relativism , which argue that individual human rights are inappropriate for societies that prioritise a communal or collectivist identity, and may conflict with certain cultural or traditional practices. Nonetheless, human rights remain
2704-730: The African Court on Human and Peoples' Rights (under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice. The Court of Justice of
2808-608: The Lin family massacre during martial law. The report found that Lin had been under surveillance for the year leading up to the murders, and that the National Security Bureau had destroyed evidence related to the murders. On 28 February 2020 , President Tsai Ing-wen ordered the National Security Bureau to declassify political documents requested by the commission within one month. On March 28,
2912-764: The May 18 Memorial Foundation from South Korea and the Stasi Records Agency of Germany . An exhibit on the Gwangju Uprising opened in Taipei on 6 December 2019 and a letter of intent to hold regular workshops and exchanges with the Stasi Records Agency was signed on 13 December 2019. On 13 February 2021, Hong Kong netizens reported that its website cannot be accessed from Hong Kong. Some local medias confirmed that they couldn't access
3016-889: The Temporary Provisions against the Communist Rebellion for Fujian Province, Republic of China , ending the period of mobilization . This time period, in particular, includes the February 28 Incident as well as White Terror . The commission was established formally on May 31, 2018 for a period of two years. Huang Huang-hsiung was chosen to chair the committee and five other members were nominated by 31 March 2018: Chang Tien-chin , Hua Yih-fen, Hsu Hsueh-chi , Eleng Tjaljimaraw, and Greg Yo. Peng Jen-yu, Yang Tsui, and Yeh Hung-ling were selected on 7 April. All nine candidates were confirmed in May 2018, though both
3120-399: The United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity , freedom, and justice. The UDHR has since inspired numerous international treaties and national laws designed to promote and safeguard these rights globally. While the principle of universal human rights
3224-1064: The United Nations Security Council and the United Nations Human Rights Council , and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to: ... achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion. The UN Human Rights Council, created in 2005, has
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3328-485: The Virginia Declaration of Rights of 1776 encoded into law a number of fundamental civil rights and civil freedoms. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. Philosophers such as Thomas Paine , John Stuart Mill , and Hegel expanded on
3432-433: The common law and many later constitutional documents related to human rights, such as the 1689 English Bill of Rights , the 1789 United States Constitution , and the 1791 United States Bill of Rights . 17th century English philosopher John Locke discussed natural rights in his work, identifying them as being "life, liberty, and estate (property)", and argued that such fundamental rights could not be surrendered in
3536-405: The premier and whether the president has the power to call a special session. Amid 70% public support, the Legislative Yuan voted 217–1 on 23 August 2004 for a package of amendments to: The new electoral system installed in 2008 includes 73 plurality seats (one for each electoral district), 6 seats for aboriginals , with the remaining 34 seats to be filled from party lists . Every county has
3640-975: The social contract . In Britain in 1689, the English Bill of Rights and the Scottish Claim of Right each made a range of oppressive governmental actions, illegal. Two major revolutions occurred during the 18th century, in the United States (1776) and in France (1789), leading to the United States Declaration of Independence and the French Declaration of the Rights of Man and of the Citizen respectively, both of which articulated certain human rights. Additionally,
3744-649: The 1864 Lieber Code and the first of the Geneva Conventions in 1864 laid the foundations of International humanitarian law , to be further developed following the two World Wars. The League of Nations was established in 1919 at the negotiations over the Treaty of Versailles following the end of World War I . The League's goals included disarmament, preventing war through collective security, settling disputes between countries through negotiation, diplomacy and improving global welfare. Enshrined in its Charter
3848-469: The African Court on Human and Peoples' Rights entered into force in January 2004, but its merging with the Court of Justice has delayed its establishment. The Protocol establishing the Court of Justice will come into force when ratified by 15 countries. There are many countries in Africa accused of human rights violations by the international community and NGOs. The Organization of American States (OAS)
3952-539: The African Union is intended to be the "principal judicial organ of the Union" (Protocol of the Court of Justice of the African Union, Article 2.2). Although it has not yet been established, it is intended to take over the duties of the African Commission on Human and Peoples' Rights, as well as act as the supreme court of the African Union, interpreting all necessary laws and treaties. The Protocol establishing
4056-545: The Constitution (1957). However, the later constitutional amendments in the 1990s removed the parliamentary roles from National Assembly and Control Yuan and transferred them to the Legislative Yuan, which became an unicameral parliament . The original Legislative Yuan was formed in the original capital of Nanjing after the completion of the Northern Expedition . Its 51 members were appointed to
4160-519: The DPP-led government announced that it would remove 760 remaining statues of Chiang Kai-shek. On 4 July 2019, the Legislative Yuan passed a bill declassifying all government documents relating to the February 28 Incident , White Terror and period of mobilization . When the act was passed, the National Security Bureau held files concerning the deaths of Chen Wen-chen and the Lin family massacre which were still classified. On 7 December 2019,
4264-500: The Duty of Civil Disobedience which was later influential on human rights and civil rights thinkers. United States Supreme Court Justice David Davis , in his 1867 opinion for Ex Parte Milligan , wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over
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4368-630: The General Assembly Resolution 48/134 of 1993. The Paris Principles list a number of responsibilities for national institutions. The African Union (AU) is a continental union consisting of fifty-five African states. Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market. The African Commission on Human and Peoples' Rights (ACHPR)
4472-661: The KMT would retake the Mainland in a short time. However, over the years, as the prospect of regaining the Mainland diminished, this meant that the legislators from mainland districts (and members of the ruling KMT) held their seats for life, in a one-party system. The body thus came to be called "the Non-reelected Congress". Over the years, deceased members elected on the mainland were not replaced while additional seats were created for Taiwan starting with eleven seats in 1969. Fifty-one new members were elected to
4576-487: The Kuomintang and People First Party legislative caucuses abstained from voting. The committee began operations on 31 May 2018. Following a scandal, vice chairman Chang Tien-chin resigned from the commission on 12 September 2018, Huang Huang-hsiung resigned the chairmanship on 6 October 2018, and Yang Tsui [ zh ] was subsequently appointed acting chairperson. In April 2020, the Legislative Yuan extended
4680-420: The Legislative Yuan as "the parliament" ( 國會 ; Guóhuì ; Kok-hōe ). Under the current amended Constitution , the Legislative Yuan, as the only parliamentary body, also holds the power to initiate several constitutional processes, including initiating constitutional amendments (then determined by a national referendum ), recalls of the president (then determined by a recall vote ), and impeachments of
4784-464: The Legislative Yuan have to be cosigned by a certain number of legislators. Once a bill reaches the legislature, it is subject to a process of three readings. The concept of Legislative Yuan was introduced by Sun Yat-sen 's Three Principles of the People . The theory proposed a separation of powers into five branches ( 五院 ; wǔyuàn ; gō͘-īⁿ ). The Legislative Yuan, under Sun's political theory,
4888-400: The Legislative Yuan passed a Lobbying Act. The Kuomintang -led government of the Republic of China retreated to Taiwan in 1949, the year following the first legislative elections (1948) after the enactment of the 1947 constitution. As the Kuomintang government continues to claim sovereignty over Mainland China , the term of the original legislators was extended until "re-election
4992-764: The Legislative Yuan would run as Tangwai ("outside the party"), and in 1985 candidates began to run under the banner of the Democratic Progressive Party . The members of the Legislative Yuan with extended terms remained until 31 December 1991, when as part of subsequent Judicial Yuan ruling they were forced to retire and the members elected in 1989 remained until the 161 members of the Second Legislative Yuan were elected in December 1992. The third LY, elected in 1995, had 157 members serving 3-year terms. The fourth LY, elected in 1998,
5096-410: The Legislative Yuan, along with the National Assembly (electoral college) and the Control Yuan (upper house), formed the tricameral parliament under the original 1947 Constitution . The Legislative Yuan previously had 760 members representing each constituencies of all China (includes provinces , municipalities , Tibet Area , and various professions in Mainland China ). Until democratization,
5200-419: The National Security Bureau transferred the files to the National Archives Administration, including files related to the Lin family massacre and the death of Chen Wen-chen. On 4 May 2020, a report on the death of Chen Wen-chen was released. It concluded that Chen was most likely killed by state security, in contradiction with the official ruling of suicide at the time. Some of the declassified files have shown
5304-422: The Republic of China was an authoritarian state under Dang Guo . At the time, the Legislative Yuan functioned as a rubber stamp for the ruling regime of the Kuomintang . Like parliaments or congresses of other countries , the Legislative Yuan is responsible for the passage of legislation , which is then sent to the president for signing. For these similarities, it is also common for people to refer to
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#17327835407575408-409: The School of Salamanca, defined law as a moral power over one's own.50 Although they maintained at the same time, the idea of law as an objective order, they stated that there are certain natural rights, mentioning both rights related to the body (right to life, to property) and to the spirit (right to freedom of thought, dignity). The jurist Vázquez de Menchaca, starting from an individualist philosophy,
5512-413: The Sun Yat-sen Hall in Taipei. The first Legislative Yuan was to have been elected for a term of three years ending in 1951; however, the fall of mainland China made it impossible to hold new elections. As a result, the Judicial Yuan decided that the members of the Legislative Yuan would continue to hold office until new elections could be held on the Mainland. This decision was made in the belief that
5616-403: The UDHR and accompanying treaties, but the UDHR quickly became the priority. Canadian law professor John Humprey and French lawyer René Cassin were responsible for much of the cross-national research and the structure of the document respectively, where the articles of the declaration were interpretative of the general principle of the preamble. The document was structured by Cassin to include
5720-452: The UDHR binding on all states. They came into force only in 1976, when they were ratified by a sufficient number of countries (despite achieving the ICCPR, a covenant including no economic or social rights, the US only ratified the ICCPR in 1992). The ICESCR commits 155 state parties to work toward the granting of economic, social, and cultural rights (ESCR) to individuals. Numerous other treaties ( pieces of legislation ) have been offered at
5824-437: The United Nations Chinese unification Taiwan independence movement Taiwanese nationalism Tangwai movement The Legislative Yuan is the unicameral legislature of the Republic of China (Taiwan) located in Taipei . The Legislative Yuan is composed of 113 members, who are directly elected for four-year terms by people of the Taiwan Area through a parallel voting system. Originally located in Nanjing ,
5928-528: The United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them. There exist a number of internationally recognized organisations with worldwide mandate or jurisdiction over certain aspects of human rights: The ICC and other international courts (see Regional human rights below ) exist to take action where
6032-431: The adoption of the Universal Declaration of Human Rights in Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the same modern-day conception of universal human rights. However, the concept has in some sense existed for centuries, although not in the same way as today. The true forerunner of human rights discourse was the concept of natural rights , which first appeared as part of
6136-491: The basic principles of dignity, liberty, equality and brotherhood in the first two articles, followed successively by rights pertaining to individuals; rights of individuals in relation to each other and to groups; spiritual, public and political rights; and economic, social and cultural rights . The final three articles place, according to Cassin, rights in the context of limits, duties and the social and political order in which they are to be realized. Humphrey and Cassin intended
6240-445: The beginning of their 4-year terms. President and vice president of the Legislative Yuan sometimes translate to speaker and deputy speaker respectively in English . Like legislatures of other countries , the Legislative Yuan holds the following power according to the current amended Constitution : Other governmental organs are authorized to propose legislative bills to the Legislative Yuan. Legislative bills proposed to
6344-401: The citizens the right to initiate constitutional referendums was pulled off the table, due to a lack of support. The proposal was criticized for dangerously lowering the threshold for considering a constitutional amendment. Whereas a three-fourths vote of the LY would require that any proposed constitutional amendment have a broad political consensus behind it, a citizen's initiative would allow
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#17327835407576448-455: The commission announced that government intelligence reports regarding the Kaohsiung Incident had been declassified. The reports were said to show that the government had an informer inside staff of Formosa Magazine , which organized the protests. The commission did not say when the reports would be released to the public. On 17 February 2020, the commission released a report that found that intelligence agencies were most likely involved in
6552-408: The commission further overturned 12 sentences, bringing the total to 5,874. On October 2, 2021 the Commission overturned the sentences of five inmates who were executed in the 1970 Taiyuan Incident . On 17 December 2018, the commission recommended that the honor guard at Chiang Kai-shek Memorial Hall be discontinued, as it is a symbol of the authoritarian era. The commission also recommended that
6656-425: The commission publicly released a database consisting of government documents concerning military trials during martial law, covering 3,195 court cases. The database does not contain information on those who were executed without trial. This database was expanded to include 13,000 cases by February 2021, revealing that Chiang Kai-shek participated directly in about 5,000 of them. The database also showed that 55% of
6760-539: The committee's tenure by one year, and the committee members were formally reappointed on May 26, 2020, although the Pan-Blue Coalition again boycotted the vote. Yang Tsui was formally elected chairperson, serving alongside committee members Awi Mona, Chen Yu-fan, Hsu Wei-chun, Lin Chia-fan, Peng Jen-yu, Frank Wang, and Yeh Hung-ling. Following this extension, the Commission is scheduled to deliver its final report in May 2021. The commission has worked together with other organizations dedicated to transitional justice, such as
6864-450: The concept of human rights has been argued as a strategy to prevent human rights abuses. Many examples of legal instruments at the international, regional and national level described below are designed to enforce laws securing human rights. The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to
6968-523: The conversation, researcher Hsiao Jinan compared the committee to the Eastern Depot from the Ming Dynasty . Associate researcher Wu Pei-rong recorded the conversation and leaked it to the media. It was published on 11 September 2018 and resulted in Chang's resignation the next day, followed by Wu and Hsiao shortly thereafter. Commission chairperson Huang also resigned a month later. Commission member Yang Tsui subsequently served as Acting Chairperson before being formally named Chairperson on 26 May 2020. Chang
7072-421: The core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to
7176-536: The council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the International Criminal Court (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC. In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of treaty-based bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from
7280-437: The course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour . The women's rights movement succeeded in gaining for many women the right to vote . National liberation movements in many countries succeeded in driving out colonial powers. One of
7384-432: The current topics of human rights and state-perpetrated violence. During an internal meeting on 24 August 2018, then vice chairperson Chang Tien-chin named Hou You-yi , who was then running for mayor of New Taipei City as a member of the opposition Kuomintang party, as a potential subject of investigation to benefit his party, the ruling Democratic Progressive Party , in the 2018 Taiwanese municipal elections . During
7488-582: The defendants were born in Taiwan, while 45% were born in China. On 8 March 2020, a report totalling over 1,200 pages titled The Draft Report on the Truth of the 228 Incident and Transitional Justice was published by the commission. In May 2020, the commission announced that the concept of transitional justice would be included as a part of the civics and social sciences curriculum in public schools, in addition to
7592-437: The events of World War II . The UDHR urges member states to promote a number of human, civil, economic and social rights, asserting these rights are part of the "foundation of freedom, justice and peace in the world". The declaration was the first international legal effort to limit the behavior of states and make sure they did their duties to their citizens following the model of the rights-duty duality . ... recognition of
7696-1009: The experience of sexual initiation rites with men and passing sex training tests on girls are designed to make them more appealing as marriage prospects. Measures to help the economic status of vulnerable groups in order to reduce human rights violations include girls' education and guaranteed minimum incomes and conditional cash transfers , such as Bolsa familia which subsidize parents who keep children in school rather than contributing to family income, has successfully reduced child labor . Human rights abuses are monitored by United Nations committees, national institutions and governments and by many independent non-governmental organizations , such as Amnesty International , Human Rights Watch , World Organisation Against Torture , Freedom House , International Freedom of Expression Exchange and Anti-Slavery International . These organisations collect evidence and documentation of human rights abuses and apply pressure to promote human rights. Educating people on
7800-543: The first Legislative session convened in Nanjing on 18 May 1948, with 760 members. Six preparatory meetings had been held on 8 May 1948, during which Sun Fo and Chen Li-fu were elected president and vice president of the body. In 1949, the mainland fell to the Communist Party and the Legislative Yuan (along with the entire ROC government) was transplanted to Taipei . On 24 February 1950, 380 members convened at
7904-634: The hall display permanent exhibits dedicated to human rights and democracy . On 30 March 2019, the commission announced its intention to survey roads in Taiwan named after Chiang Kai-shek for potential renaming, as well as a survey on statues of Chiang in parks across the country for potential removal. A report was released on July 10, 2020 which listed a total of 1,814 sites named after Chiang Kai-shek and Chiang Ching-kuo, as well as 1,235 monuments to them, and 848 statues of Chiang Kai-shek remaining (excluding those in Cihu Park ). The commission recommended
8008-478: The hemisphere. Its human rights duties stem from three documents: The Inter-American Court of Human Rights was established in 1979 with the purpose of enforcing and interpreting the provisions of the American Convention on Human Rights. Its two main functions are thus adjudicatory and advisory. Under the former, it hears and rules on the specific cases of human rights violations referred to it. Under
8112-400: The inclusion of all rights in a Unity Resolution, the rights enshrined in the UDHR were split into two separate covenants, allowing states to adopt some rights and derogate others. Although this allowed the covenants to be created, it denied the proposed principle that all rights are linked, which was central to some interpretations of the UDHR. Although the UDHR is a non-binding resolution, it
8216-548: The increase in financially vulnerable populations. Girls from poor families in non-industrialized economies are often viewed as a financial burden on the family and marriage of young girls is often driven in the hope that daughters will be fed and protected by wealthier families. Female genital mutilation and force-feeding of daughters is argued to be similarly driven in large part to increase their marriage prospects and thus their financial security by achieving certain idealized standards of beauty. In certain areas, girls requiring
8320-628: The inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world The UDHR was framed by members of the Human Rights Commission, with Eleanor Roosevelt as chair, who began to discuss an International Bill of Rights in 1947. The members of the Commission did not immediately agree on the form of such a bill of rights, and whether, or how, it should be enforced. The Commission proceeded to frame
8424-600: The international level. They are generally known as human rights instruments . Some of the most significant are: In 2021 the United Nations Human Rights Council officially recognized "having a clean, healthy and sustainable environment" as a human right. In April 2024, the European Court of Human Rights ruled, for the first time in history, that the Swiss government had violated human rights by not acting strongly enough to stop climate change. Charles Beitz proposes
8528-531: The issue of the term universal , the declarations did not apply to domestic discrimination or racism. Henry J. Richardson III argued: The onset of the Cold War soon after the UDHR was conceived brought to the fore divisions over the inclusion of both economic and social rights and civil and political rights in the declaration. Capitalist states tended to place strong emphasis on civil and political rights (such as freedom of association and expression), and were reluctant to include economic and social rights (such as
8632-534: The latter, it issues opinions on matters of legal interpretation brought to its attention by other OAS bodies or member states. There are no Asia-wide organisations or conventions to promote or protect human rights. Countries vary widely in their approach to human rights and their record of human rights protection. The Association of Southeast Asian Nations (ASEAN) is a geo-political and economic organization of 10 countries located in Southeast Asia, which
8736-485: The legislators and be submitted to a nationwide referendum for approval or rejection by majority vote). The Legislative Yuan will also have the power to propose the impeachment of the president or vice president to the Council of Grand Justices . An ad hoc National Assembly was elected and formed in 2005 to ratify the amendments. The downsized Legislative Yuan took effect after the 2008 elections . On 20 July 2007,
8840-638: The medieval natural law tradition. It developed in new directions during the European Enlightenment with such philosophers as John Locke , Francis Hutcheson , and Jean-Jacques Burlamaqui , and featured prominently in the political discourse of the American Revolution and the French Revolution . From this foundation, the modern human rights arguments emerged over the latter half of the 20th century, possibly as
8944-595: The most influential was Mahatma Gandhi 's leadership of the Indian independence movement . Movements by long-oppressed racial and religious minorities succeeded in many parts of the world, among them the civil rights movement , and more recent diverse identity politics movements, on behalf of women and minorities in the United States. The foundation of the International Committee of the Red Cross ,
9048-462: The national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all local remedies have been exhausted does international law take effect. In over 110 countries, national human rights institutions (NHRIs) have been set up to protect, promote or monitor human rights with jurisdiction in
9152-549: The president (then tried by the Constitutional Court ). Starting with the 2008 legislative elections , changes were made to the Legislative Yuan in accordance with a constitutional amendment passed in 2005 . The Legislative Yuan has 113 members serving four-year terms; 73 members are elected by first-past-the-post , 6 reserved for indigenous candidates by single non-transferable vote , and 34 by party-list proportional representation . The current Legislative Yuan
9256-522: The removal of the statues and renaming of the sites, leaving implementation to the respective agencies. On October 26, 2020, the commission reported that 70% of the statues have been removed. On April 6, 2021, the commission reported that 537 authoritarian symbols remained, while 403 have been removed, though the Ministry of Education , Ministry of Defense and Veterans Affairs Council have not reported on statues within their jurisdiction. In April 2024,
9360-579: The retirement of all members with extended terms by the end of 1991. Timeline of Legislative Yuan elections and terms Human rights Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws . These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human , regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass
9464-478: The right to work and the right to join a union). Socialist states placed much greater importance on economic and social rights and argued strongly for their inclusion. Because of the divisions over which rights to include and because some states declined to ratify any treaties including certain specific interpretations of human rights, and despite the Soviet bloc and a number of developing countries arguing strongly for
9568-652: The rights in the UDHR to be legally enforceable through some means, as is reflected in the third clause of the preamble: Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. Some of the UDHR was researched and written by a committee of international experts on human rights, including representatives from all continents and all major religions, and drawing on consultation with leaders such as Mahatma Gandhi . The inclusion of both civil and political rights and economic, social, and cultural rights
9672-802: The site without using a Virtual Private Network (VPN) . The police refused to comment on the blockage. As a result of the commission's recommendations, a total of 5,837 people convicted of political crimes during White Terror have been exonerated due to recommendations made by the commission. The first recommendation, also the first in Taiwanese history, came on 5 October 2018, when 1,270 people were exonerated, including writer Yang Kui and 27 Taiwanese aborigines. On 27 February 1,056 people were exonerated. On 30 May 2019, 3,062 people were exonerated, including former vice president Annette Lu , former mayor of Kaohsiung Chen Chu , editor of Free China Journal Lei Chen , and Shih Ming-teh . On November 8, 2020,
9776-662: The state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the UN High Commissioner for Human Rights (UNHCHR) and the UN Centre for Human Rights. Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which
9880-439: The theme of universality during the 18th and 19th centuries. In 1831, William Lloyd Garrison wrote in a newspaper called The Liberator that he was trying to enlist his readers in "the great cause of human rights", so the term human rights probably came into use sometime between Paine's The Rights of Man and Garrison's publication. In 1849 a contemporary, Henry David Thoreau , wrote about human rights in his treatise On
9984-582: The use of recent military interventions. An example of an intervention that is often criticized is the 2011 military intervention in the First Libyan Civil War by NATO and Qatar where the goal of preventing atrocities is alleged to have taken upon itself the broader mandate of removing the target government. Economic sanctions are often levied upon individuals or states who commit human rights violations. Sanctions are often criticized for its feature of collective punishment in hurting
10088-467: The well-known Valladolid Debate that took place in 1550 and 1551. The thought of the School of Salamanca, especially through Francisco Vitoria, also contributed to the promotion of European natural law. From this foundation, the modern human rights arguments emerged over the latter half of the 20th century. Magna Carta is an English charter originally issued in 1215 which influenced the development of
10192-627: Was a mandate to promote many of the rights which were later included in the Universal Declaration of Human Rights. The League of Nations had mandates to support many of the former colonies of the Western European colonial powers during their transition from colony to independent state. Established as an agency of the League of Nations, and now part of United Nations, the International Labour Organization also had
10296-546: Was decisive in the dissemination of the term iura naturalia . This natural law thinking was supported by contact with American civilizations and the debate that took place in Castile about the just titles of the conquest and, in particular, the nature of the indigenous people. In the Castilian colonization of America, it is often stated, measures were applied in which the germs of the idea of Human Rights are present, debated in
10400-506: Was expanded to 225 members in part to include legislators from the abolished provincial legislature of Taiwan Province . The Legislative Yuan greatly increased its prominence after the 2000 presidential elections in Taiwan when the Executive Yuan and presidency was controlled by the Democratic Progressive Party while the Legislative Yuan had a large majority of Kuomintang members. The legislative elections in late 2001 produced
10504-414: Was inaugurated on February 1, 2024, and its term expires on January 31, 2028. The 5 largest parties with 3 seats or more can form caucuses. If there are fewer than 5 such parties, legislators in other parties or with no party affiliation can form caucuses with at least 4 members. The president and vice president of the Legislative Yuan are elected by the 113 legislators during a preparatory session in
10608-1891: Was later impeached by the Control Yuan on 1 October 2019. A mission conclusion report is due to be published on 30 May 2022, after which the Transitional Justice Commission will be dissolved. A transitional justice board will replace the TJC and be responsible for coordination of transitional justice initiatives between government agencies. The report recommended removing Chiang from currencies. Democratic Progressive Party Independent/unknown Social Democratic Party Legislative Yuan Opposition Lai Ching-te ( DPP ) Hsiao Bi-khim ( DPP ) Cho Jung-tai ( DPP ) 11th Legislative Yuan Han Kuo-yu ( KMT ) Shieh Ming-yan acting Vacant Vacant Vacant Control Yuan Chen Chu Lee Hung-chun Local government Central Election Commission Kuomintang Democratic Progressive Party Taiwan People's Party Others New Power Party Taiwan Statebuilding Party People First Party Taiwan Solidarity Union New Party Non-Partisan Solidarity Union Newspapers United Daily News Liberty Times China Times Taipei Times Propaganda Censorship Film censorship Lin Chia-lung Cross-Strait relations Special state-to-state relations One Country on Each Side 1992 Consensus Taiwan consensus Chinese Taipei Australia–Taiwan relations Canada–Taiwan relations France–Taiwan relations Russia–Taiwan relations Taiwan–United Kingdom relations Taiwan–United States relations Republic of China (1912–1949) Chinese Civil War One-China policy China and
10712-477: Was predicated on the assumption that basic human rights are indivisible and that the different types of rights listed are inextricably linked. Although this principle was not opposed by any member states at the time of adoption (the declaration was adopted unanimously, with the abstention of the Soviet bloc , apartheid South Africa, and Saudi Arabia ), this principle was later subject to significant challenges. On
10816-555: Was the constitution of the Mali Empire in West Africa . It was composed in the 13th century, and was one of the very first charters on human rights. It included the "right to life and to the preservation of physical integrity" and significant protections for women. Spanish scholasticism insisted on a subjective vision of law during the 16th and 17th centuries: Luis de Molina, Domingo de Soto and Francisco Vitoria, members of
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