10/14 國內: 馬宣示：總統府成立人權諮委會/ 國際: Judge orders military to stop enforcing 'don't ask, don't tell'

國內: 馬宣示：總統府成立人權諮委會

旺報 更新日期:2010/10/11

總統馬英九昨天於國慶演說時，宣示在總統府成立「人權諮詢委員會」，由副總統蕭萬長任召集人，邀集政府與民間人士一同探討規畫人權政策，定期發表人權報告，提升台灣人權水準；明年建國100年，他期盼國人共同努力開拓更精彩的第2個100年。

馬英九10日上午以「改革、開創、追求公義」為題，發表國慶演說。他表示，「中華民國發展歷程曲折艱辛，曾經抵擋中共軍事進犯，確保台澎金馬安全；奮力打拚，度過多次世界經濟危機。胼手胝足推動地方自治，普及國民教育，厚植國防實力，更開創經濟繁榮與民主政治的雙重奇蹟，這是華人世界絕無僅有的成就，我們深以台灣為傲。」

馬英九致詞的重點鎖定過去2年多來，政府在社會、經濟、教育、環保、國防、兩岸與外交等方面，推動劃時代改革。對年底即將舉行5個直轄市選舉，他強調，他不認同改革會得罪既得利益失去選票，因為台灣正在和時間賽跑，不能為了選舉拖延改革，否則就對不起人民。

馬英九說，行政院主計處估計，今年台灣經濟成長率將高達8.24%，在亞洲名列前茅。在全世界前30大貿易國之中，今年前2季台灣進口成長率是第1名，出口成長率為第2名；同時，今年上半年國內生產毛額（GDP）已經超過2008年同期，也就是金融海嘯前的水準，顯示台灣景氣開始強勁復甦。1年來台灣就業增加28萬5千人，8月失業率降為5.17%，是19年來8月分首次下降。

性質: 精神性、防禦性、物質性、受益權、公民權、集體權/第1，2條

心得:

成立了人權諮詢委員會可以對人權有更好的保障。雖然台灣與過去相比，在人權上已經有很大的進步，但我們人可在社會上看到許多弱勢族群的人權沒有被保障。例如歧視同性戀和假藉理由剝奪別人的工作權等都層出不窮。因此台灣要繼續在人權上面努力以減少這類的案件發生。
創造一個公平且每個人都能擁有尊嚴的社會。


---------------------------
國際:

Judge orders military to stop enforcing 'don't ask, don't tell'By Adam Levine,

From CNN
October 13, 2010 -- Updated 0931 GMT (1731 HKT)




(CNN) --

A federal judge on Tuesday ordered the U.S. military to stop enforcing the "don't ask, don't tell" policy, putting an end to the ban on openly gay troops.


U.S. District Judge Virginia Phillips' permanent worldwide injunction -- praised by gay rights organizations -- orders the military "immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced" under the "don't ask, don't tell" policy.


The judge, a Clinton appointee based in the Central District of California, previously ruled that the policy regarding gays serving in the military violated service members' Fifth Amendment rights to due process and freedom of speech, but had delayed issuing the injunction.


The military was sued by Log Cabin Republicans, a gay rights group.


Justice Department spokeswoman Tracy Schmaler would say only that the department is "reviewing the ruling." The department has 60 days to appeal, but is not required to do so.


The Defense Department is reviewing the ruling to determine whether it has immediate impact and is consulting with the Justice Department, Pentagon spokeswoman Cynthia Smith said.


Air Force lawyers in a recent case argued the military -- not the courts -- is in the best position to evaluate and enforce the "don't ask, don't tell" policy.


President Barack Obama is pushing for a repeal of the controversial policy. A bill currently before Congress would overturn the measure after a Pentagon review is completed in December.


In her ruling Tuesday, Phillips stated the policy infringes on the rights of military personnel. "Furthermore, there is no adequate remedy at law to prevent the continued violation of servicemembers' rights or to compensate them for violation of their rights," the judge wrote.


More than 12,500 people have been booted from the military since "don't ask, don't tell" went into effect. Along with barring known gay, lesbian and bisexual individuals from serving, the policy prevents the military from asking them about it.


Log Cabin Republicans praised the ruling but urged "caution by servicemembers considering coming out at this time, as the Obama administration still has the option to appeal."


The group said the ruling is a victory for strong national defense.


"No longer will our military be compelled to discharge servicemembers with valuable skills and experience because of an archaic policy mandating irrational discrimination," it said in a statement following the ruling.


Servicemembers United, which describes itself as the nation's largest organization of gay and lesbian troops and veterans, also hailed the judge's ruling but urged gays who serve to be careful about coming out now.


"This order from Judge Phillips is another historic and courageous step in the right direction, a step that Congress has been noticeably slow in taking," said executive director Alexander Nicholson.


The ranking member of the House Armed Services Committee called on the administration to immediately file a motion to stay the injunction so Congress can address the issue.


"We are a nation at war. This decision could have a negative impact on military and family readiness since the Department of Defense is unprepared to address the issues that are bound to arise from such a hasty change, Rep. Howard P. "Buck" McKeon, R-California, said in a statement.


Aaron Belkin, director of the Palm Center, a research institute of the University of California-Santa Barbara, said he expects the Obama administration to appeal Tuesday's order.


"The case could be done next week if the administration decides not to appeal, or it could take five years if there is an appeal, or Congress could move faster than the Justice Department, which would render this case moot," said Belkin, whose institute researches sexual minorities in the military and advocates an end to the ban.

性質: 精神性、防禦性/第2、22、23條


心得:

同性戀的族群一直是社會中禁忌的一個話題。但是醫學報告早已證實同性戀是一種正常的傾向，可能是天生基因形成，也可能是後天的文化環境所造成。有了這樣的一個觀念，同性戀者應該可以享有從軍的權利。世界人權宣言第23條提到:「人人有同工同酬的權利，不受任何歧視」。更何況軍中的「不問不說」的政策，變向的讓同性戀者不能為自己的權益發聲，反而還保護了歧視者的欺壓行為。