Education International Barometer of Human & Trade Union Rights in Education
Taiwan
Republic of China
Country data    
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  Pre-primary Primary Secondary Tertiary Spending % of
Taiwan Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009
2008 0
2007
2006
2005
2004
2003
2002
2001
2000
1999
Last updated: 13 June 2007

Introduction

Taiwan is governed by a President and a unicameral legislature chosen in multi-party elections. The President appoints a Premier, who heads the Cabinet. The legislature can dismiss the Cabinet with a no-confidence vote. The incumbent President was re-elected in 2004 with 50.1% of the popular vote. In a hotly contested election an opposition coalition won 114 of the 225 seats in the legislature. Elections for both the Presidency and the legislature were deemed free and fair.

A constitutional amendment package has been introduced that would halve the number of legislature seats and bring in a system of proportional representation. The amendment would also remove the provision that at least 1 of every 5 seats must be filled by a woman. There are 47 women in the legislature and 8 women in the 46-member Cabinet. Both the Vice-President and the deputy Premier are women. 8 seats in the legislature are reserved for Aboriginal representatives, half elected by plains Aborigines and half by mountain Aborigines. The constitutional amendment would reduce to 6 the number of seats reserved for Aborigines. The judiciary is independent in law and in practice. The Constitutional Court can dissolve political parties.

Efforts to eliminate corruption and diminish political influence are reported. The Council of Grand Justices ruled that a government programme requiring fingerprinting of persons applying for identity cards was unconstitutional. Interrogations are audiotaped or videotaped, and any allegation of mistreatment is investigated. Allegations of corruption are investigated.

The public has access to unclassified government information. Freedom of speech and of the press are guaranteed and respected. Access to the Internet is not restricted. Government or party officials cannot hold media jobs. The press is reported as vigorous and active. In 2003 the high court sentenced a former journalist who reported the details of a military exercise. Violent or pornographic material may be seized by the police.

Publications imported from mainland China are screened before distribution, and publications that advocate communism or endanger public order or good morals can be banned. However, material from mainland China is readily accessible through the Internet. Journalists from the People's Republic of China can work in Taiwan for up to 1 month at a time. The first correspondents from regional Chinese media outlets are in Taiwan, and scholars and artists from the mainland participated in exchanges.

Trafficking in persons is a problem, and Taiwan is a destination country for women and girls trafficked for the purpose of sexual exploitation and forced labour. Tighter border controls have been instituted to help deter trafficking. NGOs report that foreign women workers who care for elderly persons are sometimes sent to work in factories and are paid only a fraction of the prevailing wage. Visitors from mainland China require sponsors, and they cannot change approved itineraries.

The Taiwan Homosexual Human Rights Association reports that homosexuals suffer discrimination. Social discrimination against persons with HIV and AIDS is a problem, as are derogatory remarks about those who are HIV-positive. Free screening and treatment, including antiretroviral drug therapy, are provided for HIV-infected nationals.

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?Education Rights

Education is universal and compulsory for ages 6 to 15 and is free through university. The law is enforced. 99% of school-age children attend primary and junior secondary school. Financial subsidies are provided to low-income families for day-care facilities. Concern is expressed about the level of child abuse in society. Corporal punishment is banned. Courts appoint guardians for children who have lost their parents or whose parents are deemed unfit.

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?Children with Special Needs

Discrimination against persons with disabilities is prohibited. The government provides free, universal medical care to persons with disabilities. NGOs indicate that services available fall short of needs. Employment quotas for persons with mental and physical disabilities are in place, and organisations that do not meet the quotas must pay a monthly salary into the Disabled Welfare Fund. Persons with disabilities constitute 4% of the public sector workforce. The education system provides special education programmes for children with disabilities. A group that advocates for mentally disabled children seeks to provide assistance beyond the special education vocational high schools that provide training programmes to age 18.

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?Refugee Children

The law does not provide for the granting of asylum or refugee status. Refugees and asylum-seekers from mainland China are returned. Illegal immigrants are repatriated to their countries of origin.

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?Minorities and Indigenous Peoples

The aboriginal descendants of Malayo-Polynesians, who were well established on the island when the first Chinese settlers arrived, are the only non-Chinese minority group, and they make up 2% of the population. The civil and political rights of Aborigines are protected in law. The constitution protects the status of Aboriginal people, their right of political participation and their culture and education rights. Their land rights have been recognised, and some form of autonomy is permitted.

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?Academic Freedom

The restrictions that apply to publications also apply in higher education.

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?Gender Equality

Equality of citizens irrespective of sex, religion, race, class, or party affiliation is guaranteed. But discrimination against women is reported. The Gender Equality in the Workplace Act provides for equal treatment in salaries and in promotion. But women are reported to be promoted less frequently and to occupy fewer management positions. Salaries for women average 85% of those for men with comparable jobs. Maternity leave is not granted to women, forcing them to resign their employment.

The law requires that measures be taken to eliminate sexual harassment in the workplace. Violence against women is a problem. Prosecutors can investigate complaints of domestic violence without the victim filing a lawsuit. However, strong social pressure not to disgrace the family discourages women from reporting incidents. All city and county governments must set up violence prevention and control centres to address domestic and sexual violence, child abuse and elder abuse.

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?Child Labour

The minimum age for employment is 15, which is consistent with the end of compulsory education. Minimum age legislation is enforced. Children are protected from debt bondage, prostitution, pornographic performances and other illicit activities in compliance with ILO Convention 182 on the elimination of the worst forms of child labour.

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?Trade Union Rights

Workers have the right to form and join trade unions. About 29% of the work force is unionised. 8 labour federations organise trade unions nationally. Union leaders are elected by secret ballot, and workers have rejected management-endorsed union slates. Teachers, civil servants, defence industry workers and domestic workers are not covered under the Labour Union Law and have limited union rights. Teachers and civil servants can form professional associations to negotiate but are not allowed to strike. A teacher's union established in 2003 has not been recognised by the Council of Labour Affairs.

Workers have the right to bargain collectively, except for some public employees. Collective agreements are in force, but some 80% of labour unions have no collective agreements. Workers have the right to strike. Unions are allowed to strike only over issues of compensation and work schedules. Labour laws apply in export processing zones.

Forced or compulsory labour is prohibited, but forced child prostitution and trafficking are reported. The minimum monthly wage is US$500 (NT$15,840), which does not provide a decent standard of living for a worker and family in urban areas. Additional benefits are also provided, such as universal health care and free public education through university. Negotiated wages are considerably higher than the minimum wage. The average work week is 42 hours. Foreign workers do not have the same protection as citizens. Domestic servants work long hours with few days off and are rarely permitted to change employers. Domestic workers are not entitled to the minimum wage.

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Footnotes

Statistical information is not provided by the UNESCO Institute for Statistics because Taiwan is not a member of the United Nations.

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Country/Territory name Republic of China
Population 23036087 (2005)
ILO Conventions
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