Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

rights treaties, asTable 7. 1 shows.
33
The case of Taiwan is significant in that it


demonstrates how alternative approaches may be developed to internalize inter-


national human rights norms.
34


In the first decade of the twenty-first century, Taiwan has made more significant


progress. In 2007 , accession to the Convention on Elimination of All Forms of


Discrimination against Women (CEDAW) was passed by an overwhelming parlia-


mentary majority and formally announced by the president.^35 However, the


Table 7. 1 Adoption of international human rights treaties in Taiwan.


International


human rights treaty


Date of signing Date of ratifying Domestic incorporation or


implementation


UN Charter June 26 , 1945 September 28 ,


1945


1947 Art. 141 of the


Constitution provides the


respect for the UN Charter


Universal


Declaration of


Human Rights


December 10 ,


1948


1998 redeclaration of full


compliance


Genocide


Convention


July 20 , 1949 May 5 , 1951 1953 Genocide Punishment


Act passed


ICCPR October 5 , 1967 March 31 , 2009


(legislature)


May 14 , 2009


(president)


March 31 , 2009 ,


Implementation Act passed


April 22 , 2012 , release of the


initial state report


ICESCR October 5 , 1967 March 31 , 2009


(legislature)


May 14 , 2009


(president)


March 31 , 2009 ,


Implementation Act passed


April 22 , 2012 , release of the


initial state report


1971


CEDAW (Women’s


Convention)


January 5 , 2007


(legislature)


February 9 ,


2007 (president)


March 27 , 2009 , release of


the initial state report


May 20 , 2011 ,


Implementation Act passed


CRC (Children’s


Convention)


June 14 , 1990 , amendment of


the Children Welfare Act


FCTC (Framework


Convention on


Tobacco Control)


January 14 , 2005


(legislature)


March 30 , 2005


(president)


July 11 , 2007 /January 23 ,


2008 , amendment of


Tobacco Harm Prevention


Act


Source:the authors


(^33) Chang, “Bottom-up transnational constitutionalism,” 211.
(^34) Chang, “International human rights,” 614 – 18.
(^35) Press release, Ministry of Foreign Affairs, “Ministry of Foreign Affairs Proactively Promotes
Taiwan’s Participation in the Convention on the Elimination of All Forms of


A decade of changing constitutionalism in Taiwan 153

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