大法官解釋 釋字第728號 |
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公佈日期:20150320 |
解釋爭點 |
祭祀公業條例規定,本條例施行前已存在之祭祀公業,其派下員依規約定之,合憲? |
【註腳】 [1]本院釋字第六六三號解釋亦認為祭祀公業財產屬於公同共有財產。見該號解釋理由書第二段。 [2]“For the purposes of the present Convention, the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” [3]“States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: ⋯⋯(e)To take all appropriate measures to eliminate discrimination against women by any person, organization or enterprise;(f)To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;” [4]“States Parties shall take all appropriate measures:(a)To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;⋯⋯” |
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