The most important legislative protection provided for Taiwan's children and juveniles are the Children's Welfare Law
It may be important to provide our youngsters with protection and counseling, but these measures encompass "educa-tion" and "discipline" by adults to children, and from top to down. The implication is that children and teenagers should be treated as protected individuals, and that what the adults offer to them are therefore "welfare."
While we cannot exactly say care of this nature is wrong, it is at least inadequate.
Under the UN Convention on the Rights of Child, children -- those under the age of 18 -- are view as individuals inherently entitled to the enumerated "rights," rather than "welfare" offered by adults, as a result of their status.
The convention explicitly states that children have the right to freedom of expression, conscience, thoughts, religion, association and peaceful assembly, as well as the right to privacy. Under the convention, the rights of children are human rights fundamental and inherent to children.
On the other hand, the convention also mandates that its member ensure that children enjoy rights to physical and mental development, education, rest and leisure, to participate in cultural life and to be free of economic exploitation, torture and other inhumane treatment.
Based on the above, we know that ample room exists for improvement in Taiwan's legislation. I think two possible approaches exist.
First, try to join the Convention on the Rights of Child. Membership in this convention is open to all countries. Taiwan may join the convention, even though it is not a UN member. Once we join the convention, we must meet with the mandates of the convention and submit periodic reports on our domestic laws and practices for review. As a result, Taiwan children's rights protection would conform to international standards.
Another possible alternative is to incorporate the standards set up by the Convention of the Rights of the Child into our domestic laws by amending the Children's Welfare Law and Juveniles' Welfare Law.
The amended laws would entitle children and teenagers to certain rights in conformity with the mandates of the convention. Entry into the convention may take several years or longer before we can successfully overcome Chinese opposition and other international obstacles.
However, we enjoy total discretion over any amendments to our laws, as long as we have the needed public consensus.
Children and teenagers need welfare, but even more importantly, they are entitled to certain rights. Hopefully, our new president, his administration and lawmakers will be able to provide a future to our children that encompasses welfare and rights.
Liao Fu-te is a visiting assistant professor of law at the Tunghai University.
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