| Summary: | 碩士 === 東吳大學 === 法律學系 === 96 === The Court decisions are the testimony of evaluation of the time, reflecting the current ethics, culture and social values. No doubt, the case of Chaihsing Community against the Harmony Home Association is one of the landmark cases, which concerns the fundamental rights of AIDS patients. The Harmony Home Association（HHA） is the half-way house for the HIV-infected children and adults. The care facility was set up in one of the apartments rented to the association. After learning that the care facility provides shelter and care for more than 10 HIV-infected children and adults, the complex’s management committee called two rounds of meetings, in which the residents decided that the care facility should be relocated within three months.
The Committee’s decision was not base on any legal basis therefore the HHA refused to relocate. The HHA also pointed out that the community association’s bylaws prohibit residents from sheltering any patients with contagious diseases violates Article 10 of the Constitution, which protects people’s freedom of residence and right to move.
In order to force the HHA to move, the committee apply for a court. After four rounds of hearings, the court ruled in the committee’s favor. Therefore, the HHA appealed. At the end, the case was overruled by the Taiwan High Court.
In this case, the courts might consider it as a simple civil affair or take it more seriously concerning it as a matter of a constitutional case. It refers to the Third Person Application and the Protective Obligation of the state of fundamental rights. General speaking, as for the violation of fundamental rights between individuals, the theory of Third Person Application is widely applied to such cases. However, the developing theory of Protective Obligation of the State seems to be a better way to solve it.
In this thesis, first will introduce the Third Person Application of fundamental rights and the models of reviewing the public policy and morals. Then analyzes the local existing court rulings from 1997 to 2007 of such cases between individuals. In the following chapters, the concepts of Protective Obligation of the State and the proper model of reviewing such cases will be introduced. Then the Harmony Home Association Case will be used as a key case to be applied to the two models and be compared with the results of the civil courts’ decisions. At the end, suggestions to the civil courts on ruling for cases dealing with violation of fundamental rights will be presented.
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