In light of recent discussions on the treatment of criminal offenders with mental health issues, the National Human Rights Commission (NHRC) takes the following stance on the protection and promotion of their human rights:
- The NHRC is in favor of the immediate amendment of the Mental Health Act
During Taiwan’s Initial CRPD (Convention on the Rights of Persons with Disabilities) Report Review Meeting in 2017, five members of the International Review Committee (IRC) from Japan, the United Kingdom, the United States, Canada, and Sweden concluded that the content of the Mental Health Act of Taiwan partially violates the Convention and recommended that the state revise relevant laws and policies immediately.
The Executive Yuan, however, has yet to propose amendments, despite the upcoming international review of Taiwan’s CRPD Second Report in 2022. With respect to this situation, the NHRC expressed its stance on the urgency of amending the Mental Health Act in the Opinions on the Second National Report of Republic of China (Taiwan) on the Rights of Persons with Disabilities (published in August; see Points 69 and 70). The NHRC was pleased to hear a recent statement by the President of the Executive Yuan at a meeting of the Legislative Yuan that a draft amendment to the Mental Health Act will be submitted to the Legislative Yuan for review.
- The NHRC looks forward to collaborating with the Executive Yuan on the social safety net program
The second phase of the Executive Yuan’s social safety net program is focused on strengthening community-based psychiatric health care resources and support services, improving psychiatric health care in correctional institutions, and establishing a community-based integration mechanism. The NHRC believes that these policies are all conducive to the implementation of the CRPD in Taiwan.
There are, however, still concerns from human rights and disability organizations about the Executive Yuan’s plans to establish six forensic psychiatric wards and one forensic psychiatric hospital as designated locations for those sentenced to the disposition of custody. The organizations are particularly apprehensive that the establishment of the facilities will lead to prolonged imprisonment in the name of treatment. Because the CRPD has been incorporated into Taiwan’s domestic law, the NHRC must remind the government to plan the specific operations of forensic psychiatric wards and hospitals in such a manner that they conform to CRPD requirements, and to reference the Guidelines on the Right to Liberty and Security of Persons with Disabilities, which were adopted by the United Nations Committee on the Rights of Persons with Disabilities in 2015 (for details, see Point 71 in the Opinions on the Second National Report). The NHRC looks forward to collaborating with the Executive Yuan to develop and formulate policies and measures to the full extent of the functions and powers bestowed upon them by the Organic Act of the Control Yuan National Human Rights Commission, so as to achieve the goal of assisting criminal offenders with mental health issues to reintegrate into society.
3. Amendments to custody and protection laws are a form of response to public opinion and a way to protect human rights
Several criminal cases have caused an uproar in society in recent years. In response, the Executive Yuan amended the law to cancel the five-year maximum for cumulative disposition of custody, and the Judicial Yuan added a clause that grants relevant entities the right to exercise pre-trial emergency disposition of custody. Both the Ministry of Justice and Judicial Yuan have reached a partial consensus. Related bills are currently under consideration by the Legislative Yuan.
Believing that this issue warrants extensive discussion as it touches upon two separate conventions as well as the CRPD, the NHRC invited representatives from the Judicial Yuan, Ministry of Justice, and Ministry of Health and Welfare, among others, to a meeting on July 9, 2021 to explain the amendments and their policy plans to an audience of scholarly experts in law, medicine, and social work. The meeting was livestreamed on the Internet for the general public.
With respect to the bills which the Legislative Yuan is preparing to deliberate, the NHRC recommends (for details, see Points 72 and 73 in the Opinions on the Second National Report):
(1) That a limit be imposed on the number of extensions allowed if the maximum number of years for disposition of custody is to be cancelled, and that judges review dispositions of custody more frequently if disposition of custody is extended to ensure compliance with due process of law
(2) That supporting measures be adopted with reference to the Guidelines on the Right to Liberty and Security of Persons with Disabilities and the International Principles and Guidelines on Access to Justice for Persons with Disabilities
(3) That the government act in accordance with General comment No. 7 on the CRPD—specifically, by giving due consideration and priority to the opinions of persons with disabilities and their representative organizations when addressing bills and policies concerning the rights of persons with disabilities.
It is incumbent upon the NHRC to remind the relevant government ministries to properly utilize existing judicial and medical resources before completing the formulation of the amendments in order to protect human rights and to complete the construction of the social safety net.