indigenous rights

This case involved issues involving the exposure of vulnerable members of indigenous communities, particularly children, pregnant women, and the elderly. A petition was filed against Paraguay on behalf of the Sawhoyamaxa Indigenous Community, alleging violations of, among other things, the right to fair trial and judicial protection, the right to property and the right to life. The petition noted that these violations placed children, pregnant women and the elderly in particularly vulnerable situations.

An indigenous man was charged with physical violence and threats against his ex-partner (a non-indigenous woman), a violation of the Organic Law on the Right of Women to a Life Free of Violence (the “statute”), which created special courts with exclusive jurisdiction to hear cases under the statute.  The special court issued a restraining order in lieu of detention pending trial.  Prosecutors appealed.  While the appeal was pending, the man violated the restraining order.  The court of appeals vacated the restraining order and ordered detention.  On a constitutional

The Constitution guarantees that all citizens are equal before the law.  Article 5 guarantees equality among Taiwan’s various racial groups.  Article 7 states that all citizens enjoy the same rights irrespective of their sex, religion, race, class, or party affiliation.  Article 22 provides that all other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.

Article 10 states that the State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive gender equality.  This Article further provides that the State shall, in accordance with the will of the ethnic groups, safeguard the status and political participation of the aborigines.