Academics warn Iruan risks emotional scars

Psychologists and academics are concerned that the media frenzy over orphan Iruan Ergui Wu (吳憶樺), the subject of an international custody dispute between his Brazilian grandmother and his Taiwanese uncle, may have negative psychological effects on the seven-year-old boy.

In addition, the Kaohsiung District Court's Aug. 17 ruling that Iruan should be returned to his grandmother, Rosa Ergui, has also triggered controversy. Iruan's uncle, Wu Huo-yen (吳火眼), is appealing that ruling.

Media frenzy

Iruan spent his first day in the first grade Thursday, being chased by local media, in a scene reminiscent of the commotion surrounding his first day of kindergarten last year.

Many parents of Iruan's classmates complained that the media not only disturbed Iruan, but the entire class as well.

Andrew Cheng (鄭泰安), a psychiatric researcher at Academia Sinica, is among those who disagree with the Kaohsiung Court's decision. Cheng said the judges should take a psychological approach in their decision.

One of the major decisions behind the ruling was Article 1094 of the Civil Code.

The article states that "where both parents can not exercise the rights nor assume the duties in regard to a child who is a minor, or where the parents die without appointing a guardian in a will, the guardian is determined in the following order: 1. Grandparents living in the same household with the minor; 2. Head of the household; 3. Grandparents not living in the same household as the minor; 4. Paternal uncle; 5. Person selected by the family.

"The decision is extremely unthoughtful because questions such as ethnic identity are beyond a seven-year boy's comprehension," Cheng said.

Cheng added that such matters should be left to Psychological Anthropology specialists.

He also said that the undue attention of the media could be stressful for Iruan.

"Reporters are not child psychologists and they ask Iruan things that he cannot understand. It is disruptive to his life. If this phenomenon continues, it will be psychologically unhealthy for him," Cheng said.

According to Chang Teh-Sheng (張特生), a retired supreme court justice, when it comes to Iruan's case, there is no law that can directly restrict the media's coverage of the boy.

"The reporters are free to ask questions," he said. "That's a part of their civil liberties."

"But the school and Wu's family have the right to tell reporters to leave their property, such as their house and Iruan's school. If the reporters refuse to comply, they would be breaking the law," Chang said.

A boy's wishes

Cheng said that expert opinions from psychologists should be given before the court jumps to conclusions.

He also said that the child's wish, which some have said is to stay in Taiwan, should be respected if child psychologists agree that his Taiwanese relatives did not impose their opinions on him.

"It is important to know what he feels about his peer group, his new family members and his school. If he likes all of them, then I think it would be good for him to stay in Taiwan." Cheng said. He added it is would also be important to know what Iruan thinks about Brazil for the sake of comparison.

Liao Ping-Hui (廖炳惠), professor of general literature in National Tsing Hua University, said Iruan's case can be considered as a conflict between two cultures.

"The heart of the problem is Taiwan's patriarchal society," Liao said."Our citizens think that Iruan naturally belongs to the culture that his father comes from, although the law says otherwise."