英文摘要 |
In 2001, the Legislative Yuan passed the Indigenous Status Act. According to Article 4 clause 2 of the Act, whether a child of a mix blood acquire indigenous status depends on the last name he adopts. If he adopts his indigenous parent's last name, he then has indigenous status, if he adopts his Han parent's last name, he then cannot acquire indigenous status. The whole purpose of binding indigenous status with their last name was mainly because the Legislative Yuan wanted to reserve the affirmative action to those who truly needs it. While the legislative purpose seems legitimate, this paper found that Article 4 clause 2 violates indigenous women's Constitutional right of equality. Also, it violates indigenous women's right under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Furthermore, this clause shows racial discrimination against indigenous peoples. Therefore, this paper suggests that the Indigenous Status Act shall be amended. |