原住民族健康權保障之憲法意義與法律實踐

The Constitutional Significance and Legal Practices of Protecting the Health Rights of Indigenous Peoples

歷經無數人多年努力，我國原住民族健康法甫於2023年6月21日公布施行，自此將原住民族健康權實踐從以往衛福部主導計畫提升到了法律位階，其內涵以強化原住民族健康照護體系與改善醫療照護不均為核心。事實上，我國原住民族健康不平等為社會議題，原住民族健康權因長期不平等處於弱勢，而應為國家所保護。
本文著重於探討我國原住民族健康法立法緣起與促成本次立法推手的主因，即為我國政府長期致力消弭的原住民族健康不平等之現況分析，最後以原住民族健康法權之立法條文要旨，研究其立法基礎與具體實踐，又早於原住民族健康法施行之前，我國政府推動許多計畫於促進原住民族健康與消弭原住民族之健康不平等作為施政方向，是以當原住民族健康權之保障提升到了法律位階應與既有政策相比更為進步，期望未來於法有據，且藉由多方挹注更豐沛的資源，以推動符合原住民族意願及自主發展之健康照護政策，以達改善原住民族健康不平等之情形，邁向實踐原住民族健康權之保障。

In Taiwan, The Indigenous Peoples Health Act was officially promulgated on June 21, 2023. Since then, the health rights of indigenous peoples had transitioned from government’s planning project by the Ministry of Health and Welfare to the hierarchy of the law. Its essence lies in strengthening the indigenous health care system and addressing disparities in medical care. In fact, health inequality among indigenous peoples in Taiwan is a serious societal issue, and the health rights of indigenous peoples have been disadvantaged for a long time and should be the protective obligation of the state.
This article focuses on exploring the legislative origins of the Indigenous Peoples Health Act in Taiwan and the main reasons behind the promotion of this legislation. It analyzes the current state of efforts by the government to eliminate health inequalities among indigenous peoples. Finally, it examines the key provisions of the Indigenous Peoples Health Act, studying its legislative foundation and practical implementation. Even before the enactment of the Indigenous Peoples Health Act, the government initiated various projects to promote the health rights of indigenous peoples and eliminate health inequalities as part of its governance direction. Elevating the protection of the health rights of indigenous peoples to the hierarchy of the law represents progress compared to existing projects in the past. In the future, when there are the fundamentals of Law and increased resources, government will be promoting the policies of indigenous peoples’health care aligned with the wishes and autonomous development of indigenous peoples will be advanced. This aims to improve the situation of health inequalities among indigenous peoples, moving towards the realization of the protection of the health rights of indigenous peoples.