Human Rights in China-Taiwan Relations: How Taiwan Can Engage China

Hong Kong Law Journal, Vol. 45, Part 2 of 2015

26 Pages Posted: 29 Sep 2014 Last revised: 8 Oct 2018

See all articles by Yu-Jie Chen

Yu-Jie Chen

Institutum Iurisprudentiae, Academia Sinica; New York University (NYU) - US-Asia Law Institute

Date Written: May 22, 2015

Abstract

Since May 2008, relations between the People’s Republic of China and the Republic of China on Taiwan have improved significantly, but the two sides are now confronted with issues more difficult than before. One that has received more attention after the mass protests in Taiwan’s 2014 Sunflower Movement is human rights. Civic groups in Taiwan often criticise the two governments for sidelining human rights issues in their exchanges despite some continuing discussion on the rights of their own nationals detained by the other side. This article, focused on an under-analysed area in China–Taiwan relations, examines the extent to which human rights-related issues have been addressed as well as avoided in negotiations across the Taiwan Strait. It then discusses various proposals that have emerged in Taiwan in recent years calling for a greater emphasis on human rights in cross-strait relations. Notably, some of these proposals are intertwined with Taiwan’s politics and claims relating to its sovereignty. In conclusion, the article offers a policy recommendation for Taiwan to seek to meaningfully integrate human rights practice in cross-strait cooperation.

Keywords: China-Taiwan relations, human rights, cross-strait agreements, cross-strait judicial assistance, personal freedoms and safety, Sunflower Movement

Suggested Citation

Chen, Yu-Jie, Human Rights in China-Taiwan Relations: How Taiwan Can Engage China (May 22, 2015). Hong Kong Law Journal, Vol. 45, Part 2 of 2015, Available at SSRN: https://ssrn.com/abstract=2502674 or http://dx.doi.org/10.2139/ssrn.2502674

Yu-Jie Chen (Contact Author)

Institutum Iurisprudentiae, Academia Sinica ( email )

128 Academia Sinica Rd., Sec. 2
Nangang
Taipei City, 11529
Taiwan

HOME PAGE: http://www.iias.sinica.edu.tw/en/member_post/1109?class=12

New York University (NYU) - US-Asia Law Institute ( email )

139 MacDougal Street
New York, NY 10012
United States

HOME PAGE: http://usali.org/people/#usali-affiliate

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