回顧過去、展望未來──兒童權利公約國內法化之社會分析與後續課題

Recalling Past and Look Toward Future: Social Analysis And Following Issues As Convention on The Rights of The Child Become Domestic Law of Taiwan

聯合國大會於一九八九年十一月二十日通過兒童權利公約，此公約乃最重要亦最廣為國際社會接受之國際兒童人權法典。兒童權利公約應以何種途徑國內法化，各方曾有不同意見及立場，如今雖已確定以施行法之方式力求落實，然而對於主張無須另行立法或制定兒童權利基本法者之立場與考量，未來仍須持續關注，例如如何避免法令疊床架屋之弊、條文翻譯與輾轉適用之困難、公約抽象度高不易適用於具體個案等問題。此外，行政層次因應成立之「行政院兒童及少年福利與權益推動小組」，如何建立可受理涉及違反公約之有效申訴管道，以及未來國家報告如何力求實質效果大於政績宣導形式，並納入公民社會參與機制，均值得關切。至於立法層次關於本法施行後三年內完成法規之增修或廢止及行政措施之改進，亦是我國家庭及兒少福利能否由殘補式邁向制度式的契機。

United Nations General Assembly enacted the Convention on Rights of the Child on November 20, 1989, this Convention is the most important international human rights code for child and also the most widely accepted by the international community. Although the 'Law of Application of the Convention on the Rights of the Child' has been enacted, there were different views and positions before it passed. Some people argued there is no need for further legislation and some support the legislation of the 'Basic Law of Child Rights', there considerations worth our sustained attention in the future, such as how to avoid needless repetition acts, the difficulty from translation and flounder application of the provisions, uneasy to apply CRC to specific cases from the high abstraction and so on. We also need to concern about: (1)the establishment and operation of the committee for the promotion of the benefits and interest of children and youths by Executive Yuan and whether it'll build an effective complaint breach, (2)the first national report shall be submitted within two years from the implementation of this Law and whether it will include civil society participation mechanisms, (3)Any inconsistency with the provisions of the Convention shall be corrected by addition, amendment or cancellation of the relevant legislation or improvement of the administrative measures within three years, this is an opportunity for changing our family and children welfare system from residual to institutional style.