2018-08-27
Permanent Disability Will No Longer be Grounds for Dissolving Marriage
Per Article 5 of the Convention on the Rights of Persons with Disabilities, all state parties to the Convention are obligated to prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds, and further shall take all appropriate steps to ensure that reasonable accommodation is provided to promote equality and to eliminate discrimination.
In accordance with Taiwan's Civil Code, however, one spouse can dissolve the marriage if the other spouse becomes permanently disabled. In order to meet the goals and comply with the spirit of the Convention, Taiwan's Executive Yuan recently completed an amended draft of the Civil Code, and deleted said provision from the Code.
Accordingly, the Executive Yuan complies with the stipulation of the Act to Implement the Convention on the Rights of Persons with Disabilities, and has corrected all of the terms or meanings that permit implied discrimination, such as in the Equalization of Land Rights Act and the Farmers' Health Insurance Act.