各國攜子入監政策之比較分析

A Cross-National Comparison of the Policies of Children Living with Their Incarcerated Parents

聯合國《兒童權利公約》（the Convention on the Rights of the Child）為世界各國訂定孩童政策重要的參考依據，攜子入監政策亦是如此，世界各國矯正機關大多有攜子入監政策，讓孩童可因其父母入監服刑而獲得妥適照護。本文將各國攜子入監政策區分為完全禁止（如：中國和挪威等）、部分禁止（如：加拿大和美國）和准許攜子入監（如：台灣、瑞典和日本等）三種不同政策取向，就其政策背景、法律依據、兒童入監標準、適用對象、配套措施等進行探討與比較分析，研究結果發現，建立完善的評估機制、訂定孩童適切的在監年齡、矯正機關及收容人的照護責任確立及建置完善的攜子入監替代方案，才可落實《兒童權利公約》之精神，給予孩童最完善的保障與達成收容人服刑之義務。 The United Nations Convention on the Rights of the Child has become an important guide line for all states to set up policies on children, including the prison nursery programmes. In order to help children with incarcerated parents to have sound protection and kinship care, most states have established the nursery programmes and regulations to allow children to live in prison with a parent. This thesis distinguishes the programmes from being completely banned (such as China and Norway), partially banned (such as Canada and the United States), and allowed (such as Taiwan, Sweden, and Japan) to compare the differences in the policy backgrounds, legal bases, entry standards, and supplementary measures. The thesis suggests that a sound mechanism for assessment should be established to determine the suitable ages for children living in prison, the responsibilities between the correctional institutions and prisoners shall be clear and the comprehensive alternatives of prison nursery programmes shall be set up in order to meet the regulations of the Convention on the Rights of the Child, safeguard the rights of children, and fulfill the obligations of being prisoners.