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Local Images of Global Child Rights: CRC in Taiwan

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Taiwan and International Human Rights

Part of the book series: Economics, Law, and Institutions in Asia Pacific ((ELIAP))

Abstract

Globalization has brought about cross-border socio-cultural, politico-economic and technological exchanges while instantaneous communications have allowed knowledge and culture to be shared around the world simultaneously. Thus “global law” denotes the cross-border development of legal norms that involve a transnational legal culture of a pluralistic nature. In the trend of globalization, general rules of international conventions and treaties are adopted as local laws to accelerate national development. Socio-legal research has observed that global legal rules and concepts function in radically different ways in various local contexts. This draws our attention to how international rules are enforced by national legislation in books vis-à-vis the living law in local practice. The UN Convention on the Rights of the Child (CRC) is a manifest of global law on children’s rights with 198 state members. Although Taiwan is not a UN member, the “Enforcement Act of the Convention on the Rights of the Child” (the Act) of 20 November 2014 has mandated self-executory effects of the CRC provisions on child rights as national laws. This chapter aims to review how the CRC has been integrated into Taiwan’s laws and social practices since its promulgation in 1989. It also attempts to observe the differences made by the 2014 CRC Enforcement Act to promote the rights of children in Taiwan and to examine how the global law principles of the CRC can be implemented in an East Asian, Confucian society. The development of global law calls for a new methodology for comparative study that requires joint efforts by cross-border interdisciplinary experts.

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Notes

  1. 1.

    See the Taiwan government website of the Social and Family Affairs Administration, Ministry of Health and Welfare for the Report: Guojia Baogao [國家報告]. http://www.sfaa.gov.tw/SFAA/Pages/List.aspx?nodeid=606. Accessed 6 Apr 2017.

  2. 2.

    See the Taiwan government website of the Social and Family Affairs Administration, Ministry of Health and Welfare for the review on laws: Fagui Jianshi [法規檢視]. http://www.sfaa.gov.tw/SFAA/Pages/List.aspx?nodeid=582. Accessed 6 Apr 2017.

  3. 3.

    The Executive Yuan (Cabinet) of Taiwan has set up a Child Rights and Welfare Committee to coordinate the relevant work of the CRC in all concerned authorities, including the judiciary and the legislature. See Xingzhengyuan Ertong ji Shaonian Fuli yu Quanyi Tuidong Xiaozu [行政院兒童及少年福利與權益推動小組]. http://www.sfaa.gov.tw/SFAA/Pages/List.aspx?nodeid=800. Accessed 6 Apr 2017.

  4. 4.

    See Hong and Song (2010), Michaels (2013).

  5. 5.

    See Gerber (2001), Gutteridge (1947).

  6. 6.

    See Droria et al. (2014).

  7. 7.

    See Halliday and Osinsky (2006).

  8. 8.

    For detailed discussions, see Giddens (ed) (2001).

  9. 9.

    See Roudometof (2015), p. 1.

  10. 10.

    See Deflem (2006).

  11. 11.

    See details in Wang (2015), Wang (2013).

  12. 12.

    See Twining (1999), p. 217.

  13. 13.

    On 25 Oct 1971, the UN General Assembly passed United Nations Resolution 2758 (XXVI) which states that the People’s Republic of China is the only legitimate government of China. The resolution replaced the ROC with the PRC as a permanent member of the Security Council in the United Nations. See Restoration of the lawful rights of the People’s Republic of China in the United Nations. http://www.un.org/documents/ga/res/26/ares26.htm. Accessed 25 Feb 2017.

  14. 14.

    See Michaels (2013).

  15. 15.

    See Hong and Song (2010).

  16. 16.

    See Shaw (2008), pp. 31–32, Henkin et al. (1993), pp. 153–154.

  17. 17.

    For details, see Shee (1999).

  18. 18.

    Mccorquodale (2013).

  19. 19.

    親権 (Kanji) or 親權 (traditional Chinese) is a common term in family law of the East Asian countries. Though the laws of Japan, Korea, Taiwan and Mainland China (CJKT) share the same Chinese characters, the notion is translated into different English terms. In Japan and Korea it translates as “parental authority” but in Taiwan and Mainland China it is translated as “parental rights and duties\obligations.”

  20. 20.

    According to Article 7 of the CRC Implementation Act, “(1) The government shall establish a reporting system regarding the rights of the child and youth and shall submit its first national report within two years from the implementation of this Act. (2) Thereafter, national reports shall be filed every five years. Relevant academic experts and representatives from private organizations shall be invited to review the reports. The government shall review and study subsequent policies based on their opinions.” Source of information: Weisheng Fulibu Shehui ji Jiatingshu [衛生福利部社會及家庭署]. http://www.sfaa.gov.tw/SFAA/. Accessed 2 Mar 2017.

  21. 21.

    According to Article 9 of the CRC, “Each level of government authority shall provide a priority review list regarding the legislation and administrative measures under its jurisdiction based on the provisions of the Convention within one year from the implementation of this Act. Any laws and regulations inconsistent with the provisions of the Convention shall be corrected by addition, amendment or abolition, and administrative measures shall be improved within three years from the implementation of this Act. The legislation (amendment), revision or cancellation of the remaining laws and regulations, and improvement of administrative measures shall be completed within five years from the implementation of this Act.” Source of information: Id.

  22. 22.

    The Social and Family Affairs Administration (SFAA), Ministry of Health and Welfare, was established on 23 July 2013. The primary focus of the SFAA is to formulate and promote policies and services relating to the welfare of senior citizens, people with disabilities, women, children and youths, and to provide family support. Source of information: Social and Family Affairs Administration, Ministry of Health and Welfare. http://www.sfaa.gov.tw/SFAA/Eng/. Accessed 2 Mar 2017.

  23. 23.

    The relevant information is published on the website of the Ministry of Health and Welfare, Source of information: Taiwan publishes initial national report under UN Convention on the Rights of the Child (CRC). http://www.sfaa.gov.tw/SFAA/Eng/Pages/Detail.aspx?nodeid=235&pid=5509. Accessed 2 Mar 2017.

  24. 24.

    For the English version of the report, see file:///C:/Users/admin/Downloads/File_167934.pdf, published on 20 Nov 2017 at Weisheng Fulibu Shehui ji Jiatingshu [衛生福利部社會及家庭署]. http://www.sfaa.gov.tw/SFAA/. Accessed 2 Mar 2017.

  25. 25.

    Ministry of Health and Welfare welcomes international human rights groups and related international organizations to participate in the review meetings of the ROC’s Initial Report under the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Rights of the Child (CRC). www.roc-taiwan.org/id_en/post/1693.html. Accessed 26 Dec 2017.

  26. 26.

    Source of information: Feizhengfu Zuzhi Baogao [非政府組織報告]. http://www.sfaa.gov.tw/SFAA/Pages/List.aspx?nodeid=783. Accessed 2 Mar 2017.

  27. 27.

    In June 2014, the Legislative Yuan of the Republic of China (Taiwan) passed the Implementation Act of the Convention on the Rights of the Child (“Implementation Act”). The Act came into force on 20 Nov 2014 and provides the framework for domestic harmonization of the CRC. On 22 Apr 2016 Taiwan’s Legislative Yuan passed a bill to support the adoption of the CRC, paving the way for the President to sign the Instrument of Accession to the CRC in May 2016. The Executive Yuan, according to the Implementation Act, published the initial state report in Nov 2016 and its English version was made available in Mar 2017. In order to review its initial state report, the government of Taiwan invited five independent international children’s rights experts to form an International Review Committee (“Review Committee”). They were Jaap Doek (Chairperson) (The Netherlands), Judith Karp (Israel), Nigel Cantwell (United Kingdom/Switzerland); Laura Lundy (Northern Ireland) and John Tobin (Australia). The Review Committee examined the initial report of Taiwan which was submitted to the Review Committee in Mar 2017. The Review Committee received reports from civil society organizations, including children’s organizations and groups of children. The Review Committee submitted a List of Issues to Taiwan in June 2017 and received detailed written replies in Sept 2017. The Review Committee also received a number of additional reports from civil society in response to the List of Issues and the state’s replies to the List of Issues. As part of the review on 20 Nov 2017 the Review Committee held private meetings with children and members from civil society. On 21 and 22 Nov 2017, the Review Committee engaged in a public dialogue with the Government delegation. The Review Committee adopted the present Concluding Observations and presented them on 24 Nov 2017. The Review Committee acknowledges the serious and sincere efforts of the Government of Taiwan to implement the CRC. The Review Committee greatly appreciates the constructive dialogue with the government during the review, which was attended by representatives from all relevant ministries and government bodies. The active participation of civil society and in particular children was also essential to the review process. The Review Committee expresses its appreciation to the Ministry of Health and Welfare, and particularly its CRC team, for providing the Review Committee with substantive and logistical support. Source of information: Concluding Observations on the Initial Report of the Republic of China/Taiwan on the Implementation of the UN Convention on the Rights of the Child. file:///D:/user/Downloads/%E5%85%92%E7%AB%A5%E6%AC%8A%E5%88%A9%E5%85%AC%E7%B4%84%E9%A6%96%E6%AC%A1%E5%9C%8B%E5%AE%B6%E5%A0%B1%E5%91%8A%E5%9C%8B%E9%9A%9B%E5%AF%A9%E6%9F%A5-%E7%B5%90%E8%AB%96%E6%80%A7%E6%84%8F%E8%A6%8B-%E8%8B%B1%E6%96%87%E7%89%88.pdf. Accessed 26 Dec 2017.

  28. 28.

    See publications in English, for example, Liu (2001), pp. 185–225, Liu (2004a), pp. 224–305, Liu (2004b), pp. 85–103.

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Authors and Affiliations

  1. Taiwan Legal Information Institute, National Chung Cheng University, Chiayi, Taiwan

    Amy Huey-Ling Shee

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  1. Amy Huey-Ling Shee
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Correspondence to Amy Huey-Ling Shee .

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Editors and Affiliations

  1. U.S.-Asia Law Institute, New York University, New York, NY, USA

    Jerome A. Cohen

  2. Harvard Law School, Cambridge, MA, USA

    William P. Alford

  3. Constitutional Court, Taipei, Taiwan, Taiwan

    Chang-fa Lo

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Shee, A.HL. (2019). Local Images of Global Child Rights: CRC in Taiwan. In: Cohen, J., Alford, W., Lo, Cf. (eds) Taiwan and International Human Rights. Economics, Law, and Institutions in Asia Pacific. Springer, Singapore. https://doi.org/10.1007/978-981-13-0350-0_35

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