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A Report on the Rights of Inmates with Disabilities

The public tend to view incarcerated inmates as “freeloaders” living on the government’s dime. In reality, everything in prison, big or small, must be paid for out of pocket. Inmates with societal and family support can survive on money from family members and occasionally have homecooked meals during visitation hours. However, most inmates have been estranged from, abandoned by, or severed with their family. They can only earn a paltry wage by working at prison workshops. 

 

According to the Regulations Governing Life Subsidy for People with Disabilities, people with disabilities are entitled to a living allowance of NT$3,000–9,000 depending on the severity of their disability and total family income. This privilege is revoked the moment they are incarcerated. Some people with disabilities lived in poverty before incarceration. In prison, they can take care of themselves independently, but they cannot work at the workshop because of their disability. Without any financial support from family, they have absolutely no means of living in prison and no source of income both inside and outside of prison, thus becoming ever more disadvantaged in their already vulnerable state.

 

This case was approved at the 30th meeting of the National Human Rights Commission (NHRC), which convened a meeting with the relevant authorities and submitted a request to the Ministry of Justice for a list of inmates with disabilities who are unable to work but have not been given the appropriate alleviative measures and a list of inmates requiring daily good from prison. Based on the lists, we interviewed 68 individuals, including inmates and officers, from 5 prisons and 2 detention centers. We then sorted through the interview results, consulted expert and scholars , and reviewed our prison visits. After analyzing the opinions of different stakeholders, we proposed the following recommendations in line with current policies and laws:

1. Subsidize vulnerable inmates in the form of physical supplies and cash as needed to treat them with the respect due to their inherent dignity as human beings

2. Reserve a portion of the debt-settlement money to fund inmates’ living expenses

3. Introduce a friendly procedure for inmates to apply for disability cards or disability reassessment

4. Strengthen in-prison long-term care for inmates with disabilities and senior inmates