On January 16th, the Constitutional Court convened to discuss the height requirements outlined in Article 7, Paragraph 2, and Article 8, Subparagraph 1 of the Civil Service Examination Regulation for General Police Officers. These regulations, which set specific height criteria for applicants, faced scrutiny for potentially infringing upon Article 18 of the Constitution, which ensures citizens' right to public office. Commissioner Pu Chung-cheng, representing the National Human Rights Commission (NHRC), participated in the hearing as an expert agency to evaluate whether Article 8, Subparagraph 1, contravenes constitutional rights, drawing on insights from international human rights conventions.
The NHRC reviewed the case in the context of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), citing relevant general comments under these agreements. Commissioner Pu highlighted that Article 6, Paragraph 1 of the ICESCR guarantees everyone the right to choose their profession and earn a living, with the state required to implement measures that uphold this right. He argued that the existing regulations, which prevent individuals from pursuing careers as firefighters based on height, violate citizens' rights to freely select their employment and to participate in public service examinations.
The NHRC also highlighted General Comment No. 18, Paragraph 13 of the ICCPR, emphasizing that height requirements barring individuals from becoming police officers and firefighters lack a reasonable and scientifically supported basis. This situation amounts to discrimination against those who do not meet the specified height criteria, clearly infringing upon the non-discrimination principles outlined in Article 2 of the ICCPR.
In its findings, the NHRC determined that the height requirements set forth in Article 8, Subparagraph 1 of the Civil Service Examination Regulation for General Police Officers are at odds with Articles 2 and 25 of the ICCPR, as well as Articles 2 and 6 of the ICESCR, and Article 14 of the European Convention on Human Rights. Additionally, these regulations undermine the protections for equality and rights related to public office as established in Articles 7 and 18 of the Constitution.