Conference | Academic Conference on the System for Protecting Prisoners' Right to Vote

Inmates in correctional facilities in Taiwan retain their political participation rights unless they are subject to a declaration of deprivation of civil rights. For prisoners deprived of civil rights, the Criminal Code restricts only "the qualification to be a public official" and "the qualification to be a candidate for public office." Following the 2006 legislative amendments, this no longer includes "the qualification to exercise the four rights of election, recall, initiative, and referendum." In other words, no law restricts any prisoner's qualification to exercise the right to vote, let alone those defendants who are held in detention and have not yet been convicted.

However, the current Civil Servants Election and Recall Act and the Presidential and Vice Presidential Election and Recall Act impose restrictions regarding "voting in the registered domicile." According to these regulations, voting must take place at the polling station in the voter's registered domicile. Following the 2014 amendment to the current Directions for Household Registration Management of Inmates in Correctional Facilities, inmates are no longer mandatorily required to transfer their household registration to the correctional facility. This means that, in principle, an inmate's household registration remains at their own home, and registration is established at a correctional facility only in special circumstances, such as when no other address is available for relocation. When voting notices are mailed back to the original place of domicile, prisoners are currently unable to practically leave the prison to exercise their right to vote due to the requirement of "voting in the registered domicile." During the 2022 international review concluding observations for the human rights covenants, experts raised concerns regarding Taiwan's current situation where prisoners are unable to vote, which violates Article 25 of the International Covenant on Civil and Political Rights concerning the right to political participation.

How should the protection of prisoners' right to vote be practically realized? This conference invites scholars to analyze the practices in Germany, the United Kingdom, Japan, and South Korea, and examines the current dilemmas and potential legislative amendments in Taiwan regarding its implementation. We hope this conference will serve as a catalyst to gather opinions and facilitate subsequent institutional discussions and advocacy.

In-Person AttendanceOnline Participation

Time

September 2, 2022 (Friday) 09:20-17:30

Venue

Chang Yung-Fa Foundation International Convention Center, Room 803
(8F, No. 11, Zhongshan S. Rd., Zhongzheng Dist., Taipei City)

Agenda

Organizers

College of Law and Department of Law, National Chung Cheng University
College of Law, Fu Jen Catholic University
National Human Rights Commission, Control Yuan

Co-organizers

Judicial Reform Foundation
Judicial Reform Committee, Taipei Bar Association