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Title: The Impact of International Human Rights Treaties on the Judicial Practices after Their Incorporation into Domestic Law -- Focusing on the Judgments of Administrative Courts in R.O.C. (TAIWAN)
Authors: 劉定基
Liu, Ting-Chi
Contributors: 法律系
Keywords: International Human Right Treaties;Enforcement Act of the International Human Right Treaty;Right to work;Power of clemency;Freedom of association;Right to family life
Date: 2016-10
Issue Date: 2018-08-14 17:18:40 (UTC+8)
Abstract: In recent years, Taiwan has successively enacted the enforcement acts of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, and the Convention on the Rights of Persons with Disabilities. By incorporating these international human rights treaties into domestic law, it is intended to protect the fundamental rights of the people more thoroughly. This article examines the impact of these human rights treaties on the judgments of the administrative courts, and finds that most courts treat these treaties superficially. This article suggests that only if the courts can take the treaties more seriously and apply them in a more meaningful way (e.g., recognizing new rights or giving new contents of existing rights), can Taiwan's human rights protection be upgraded to a new level.
Relation: 法令月刊, Vol.67, No.10, pp.78-103
Data Type: article
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Appears in Collections:[法律學系] 期刊論文

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