論兩公約與我國互動過程所產生之現況

Abstract

Legislative Yuan has ratified two UN human rights treaties: International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) on 31 March, 2009. It meant formally the big step astride of development of human rights in Taiwan, but also triggered the following three issues:1. The hierarchy of law: The hierarchy between the provisions of the two covenants’ legal status created by〈Act To Implement The ICCPR And The ICESCR〉and inherent laws of Taiwan.2. The application of law: It’s about how to apply the provisions between the Chapter II of the Constitution and the two covenants.3. The affection of law: Concerned on 2009 before and after, what is the actual vicissitudes of social perception on the issue of human right?I would commence comprehensively analyzing by reviewing the history of the two covenants and the progress of fundamental rights of Taiwan from Japanese colonial period to nowadays, so as to understand the interaction around the protection of human rights between Taiwan and western world. Afterwards, I would deal with the three issues as they have “encountered” each other today. After all, what the conclusion I made is: the two covenants which performed the result of “the norms are precocious, and the society is in situ”.In this way, I wish there could gain more reflections on the sight of “see the past, seize at the moment, scheme the future”. Especially we stand in the this trend.