On March 12th, the Constitutional Court convened to hear oral arguments concerning the regulations set forth in the Teacher’s Act and the interpretations made by the Ministry of Education. The central question was whether permitting local authorities to set their own salary guidelines for substitute teachers, who hold valid teaching certificates, infringes upon Articles 15 and 23 of the Constitution and Judicial Yuan Interpretation No. 707. The National Human Rights Commission (NHRC), represented by Commissioner Yeh Ta-hua, took part as an expert agency, analyzing the issue through the lens of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Rights of the Child (CRC), among other international human rights conventions. The NHRC offered its expert opinion based on previous investigations by the Control Yuan regarding the employment conditions of substitute teachers in primary and secondary education, comparing these findings with Taiwan's existing legal framework.
The NHRC's assessment highlighted the rising number of substitute teachers, a trend driven by declining birth rates and local authorities' practices of restricting staff numbers or hiring additional personnel beyond approved limits. This has led to an increasing proportion of substitute teachers within the overall teaching workforce, resulting in a normalization of substitute teaching roles that stray from their intended purpose. However, education authorities have not sufficiently addressed the employment conditions, job security, and compensation for substitute teachers, which undermines the stability and quality of education. This scenario is likely to exacerbate educational inequality, prompting the NHRC to conclude that the current legal framework fails to uphold the rights to equal employment and the best interests of the child as stipulated in international human rights conventions.
During the proceedings, Commissioner Yeh highlighted that following the Control Yuan's investigation and the corrective actions proposed in 2022, the Ministry of Education has enhanced oversight of staffing ratios across schools. Local governments are now mandated to provide comprehensive employment terms for substitute teachers. Furthermore, relevant regulations have been revised to ensure a more uniform treatment of substitute teachers throughout the country. In relation to the ongoing debate over salary distribution for qualified substitute teachers based on their previous service, it was noted that, in line with Judicial Yuan Interpretation No. 707, matters of teacher compensation are of significant public concern and should be governed by the educational framework outlined in Article 108 of the Constitution, thereby necessitating a consistent national policy.
In response to questions from the Constitutional Court about the significant number of substitute teachers in the education system, Commissioner Yeh shared that the current percentage of substitute teachers in high schools and lower grades is between 12-16%. This rise is linked to declining birth rates, which have led to fewer official teaching positions in recent years. However, there was a notable increase in formal teaching vacancies last year due to changes in hiring regulations and the Ministry of Education's initiatives to improve staffing ratios following inquiries by the Control Yuan. Yeh emphasized that the challenges of teacher shortages in rural areas and the struggle to find substitute teachers are rooted in long-standing systemic issues. It is crucial for all sectors to acknowledge the vital role that substitute teachers play in supporting education in grassroots and rural communities.
Commissioner Yeh also pointed out that the growing demands of educational administration have discouraged many formal teachers from taking on extra duties. As a result, substitute teachers are often more willing to accept roles in administration or as homeroom teachers to secure jobs. This scenario raises several concerns, such as the imbalance between limited authority and significant responsibilities and the annual hiring system that hampers the transfer of experience. Additionally, substitute teachers often have responsibilities similar to those of formal teachers, yet they must contend with both unequal pay and job insecurity. This negatively impacts the stability of the teaching workforce and students' right to a quality education. Given that qualified substitute teachers hold professional qualifications comparable to those of formal teachers, any differences in treatment should adhere to principles of fairness and purpose. This consideration should extend beyond the financial capabilities of various government levels to ensure equity.
The NHRC’s expert opinion emphasizes the vital importance of fair treatment for substitute teachers in relation to their livelihoods. To enable these educators to fully commit to their teaching roles and improve educational quality, this issue is of great public concern and should be assessed through “the best interests of the child” as outlined in Article 3, Paragraph 1 of the CRC. Furthermore, Taiwan’s Constitution stipulates that educational funding must be prioritized and supported, indicating that the financial constraints faced by local governments should not serve as a justification for unequal treatment. When the duties of substitute teachers closely mirror those of regular teachers, yet their pay remains significantly lower, this situation contradicts international human rights standards found in Article 23 of the Universal Declaration of Human Rights (UDHR) and Article 7 of the ICESCR, which advocate for "just and favorable conditions of work" and "equal pay for equal work." The NHRC urges the government to allocate sufficient budgets to attract a diverse range of talent. This ensures that the financial disparities among local governments do not negatively impact the salaries of substitute teachers, which would further widen the gap in educational resources between urban and rural regions.