從托育人員兒童權利教育訓練探討《聯合國兒童權利公約》實踐與困境

Exploring Implementation of the United Nations Convention on the Rights of the Child from the Perspective of Childcare Providers

嬰幼兒階段的兒童權利實踐，會因著年齡、脆弱性、依賴性、能力與成熟度等因素，導致幼兒權利的落實與保障面臨一定的複雜性與限制。本文期許了解托育人員在提供學齡前兒童專業照顧過程中，是否具備兒童權利知能，進而落實幼兒權利。本研究針對454 位托育人員參與《聯合國兒童權利公約》 教育訓練課程所填寫的自編問卷，進行分析，期以了解托育人員是否熟悉兒童權利概念與在托育照顧上不同兒童權利條文的實踐現況，以及可能遭遇的挑戰。
研究結果顯示，多數參與兒童權利教育訓練的托育人員知悉兒童權利詞彙，兒童權利教育訓練不僅協助研究參與者深化了解《聯合國兒童權利公約》 條文內容，更能協助研究參與者了解兒童作為權利主體者，以及在托育工作過程中應有的作為。同時研究結果發現，托育人員因著對少數族群、原住民族以及身心障礙兒童的未接觸、不熟悉或照顧勝任能力不足，在個人進行服務選擇予以排除，形塑一個看不見的結構性限制。研究參與者更指出政府角色及資源不足囿限托育服務的深化，因此，本文建議應將家長與托育人員等成人視為實踐兒童權利的關鍵角色，共同支持兒童權利的落實。

Due to factors such as the age, vulnerability, dependence and low level of maturity of the child, the realization of children’s rights in early childhood leads to much complexity and limitation in the matter of implementation and protection. This article looks at understanding if childcare providers have sufficient competence in children’s rights such that they can implement rights for pre-school children when they are the focus of professional care. The study analyses responses of 454 childcare providers to questionnaires designed by the researchers and completed at the conclusion of a training course on the UNCRC. The aim was to see if the childcare providers were familiar with the concepts of child rights and how the various articles of the Convention could be implemented as well as what challenges they might face.
The study found that most participants were familiar with the terminology of children’s rights and the UNCRC, and that training in children’s rights not only helped participants to deepen their understanding of the provisions of the Convention, but also helped them understand the child as the subject of rights and hence what conduct to adopt in the course of their work.
At the same time, the study found that owing to a lack of contact, unfamiliarity or lack of professional competence in caring for children from ethnic minorities, for indigenous children and for children with disabilities, at the individual level childcare personnel preferred not to choose such children, which brings about an invisible limitation of service at the structural level. The participants also pointed out that the role of the government and a limit of resources restricts comprehensive childcare. Therefore, this study recommends that parents and childcare providers should be perceived as playing a key role in the protection and promotion of young children’s rights.