Chen Yun-hsuan filed a petition with the Constitutional Court regarding the Supreme Administrative Court Judgment 109-Shang-928 (2021), claiming that Article 7, Paragraph 2 and Article 8, Subparagraph 1 of the Civil Service Examination Regulation for General Police Officers contradicts Article 18 (the right to serve as civil servant) of the Constitution.
The National Human Rights Commission (NHRC) was asked to review the case based on the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), and the general comments on the two conventions. According to commissioner Pu Chung-cheng, the height requirements in the police and firefighter recruitment examinations prevent otherwise qualified candidates from serving as civil servants, thus violating Article 6, Paragraph 1 of the ICESCR, which states, everyone has the right to freely choose their profession and earn a living, with the state required to implement measures that uphold this right.
The NHRC believes that Article 8, Subparagraph 1 of the Civil Service Examination Regulation for General Police Officers are inconsistent with Articles 2 and 25 of the ICCPR, Articles 2 and 6 of the ICESCR, Article 14 of the European Convention on Human Rights (ECHR), and Articles 7 (equality) and 18 (right to serve as civil servant) of the Constitution.