我國替代役制度對精神疾患者的不友善──從法制層面談起

Taiwan’s Substitute Military Service System Inadequately Accommodates Patients with Mental Illness: A Legal Perspective

雖說服兵役為我國男子應盡的義務與責任，然對於精神疾患而言，相關的法規限制，卻也為其帶來極大的不便與困擾。本文以一年期替代役為主軸，探討現行法律規範對精神疾患在面臨兵役問題時（服役前、在服勤單位），所生之限制及不便。事實上，政府機關是能做更多元化的檢討及改進，且應重新思考替代役制度的必要性及修正可能。

Although military service is the duty of men in Taiwan, those with mental illness face various legal restrictions that impede their ability to conveniently fulfill their civic responsibility. This study focused on the 1-year substitute military service program and identified the limitations and inconveniences inherent to the current laws and regulations that apply to individuals with mental illness who face difficulties in fulfilling their military service (either prior to or during such service). We conclude that a more robust mental health review system and various amendments to the alternative military service program would greatly improve the circumstances for individuals with mental health issues.