Among them, Article 4, item 1 stipulates that if an aborigines marry an aborigines, the children born will of course acquire aboriginal status, and there are no other conditions. However, item 2 states that if an aboriginal marries a non-aboriginal, such as an aboriginal or a Han, the children born to obtain aboriginal status must use the surname of the father or mother with aboriginal status, or the traditional name of the aboriginal. case facts During 102 years, the two sisters surnamed Chen applied to the Zhongshan District Household Registration Office of Taipei City for aboriginal status registration, claiming that their grandmother was Atayal and their father was a mountain aboriginal. The two sisters applied for aboriginal status and household registration.
The office also approved the application and registered the identity of the aboriginal people. Later, the household registration office went to ask the Aboriginal Association. The Aboriginal Association stated that in accordance with Article 4, Item 2 of the Aboriginal Identity Law, the father of the two sisters, Mr. Chen, is the legitimate child of an aboriginal and a non-aboriginal. Article 4, item 2 stipulates that they must use the surname of the original mother, or use the traditional name of the aborigines, but their father is from the Han surname "Chen", so they cannot be recognized as aborigines according to law. After notifying the two sisters to express their opinions in 2013, the household registration office cancelled Shadow Making and corrected the registration of the aboriginal identity due to the mistake in the registration of the aboriginal identity. The two sisters refused to accept the administrative sanction.
After appealing and filing an administrative lawsuit for relief, they lost the lawsuit. The two sisters petitioned the justice for constitutional interpretation. In addition, there is another little sister Wu, her father is Han Chinese and her mother is Taroko aborigines. After little sister Wu was born, it was agreed that her father's surname was "Wu". The firm's application for registration as a Taroko aboriginal was also rejected because it did not take the surname of the aboriginal mother, or used the traditional name of the aboriginal people. After the appeal and the administrative lawsuit were determined to be defeated, they also applied to the justice for an explanation. More about this source textSource text required for additional translation information Send feedback Side panels