兒童及少年性剝削防制條例立法30年――勵馨的服務與看見

Thirty Years of the Child and Youth Sexual Exploitation Prevention Act: The Garden of Hope Foundation’s Services and Perspectives

《兒童及少年性剝削防制條例》立法迄今已三十年，歷經十二次修正，以因應不斷變化的社會挑戰。勵馨基金會作為當年推動立法的重要民間力量，回顧四十年來的運動與實務經驗，本文以發展時序梳理三個階段：一是從救援行動與社會運動出發，推動條例立法；二是條例通過後進入制度建立與修正的「兒少性交條例」時期；三是CRC引入後對於兒少性剝削的思維轉向，並關注權益主體。每個階段均有其新興議題以及發展軌跡，而這也讓我們有更多機會檢視議題的定位、對於兒少的身分認定以及對於兒少用語的省思與轉變，這些省思與更名都是在歷史轉型中逐步還給兒少正義。此外，探討兒少主體性與服務機制的關聯時，也從過往單一框架服務設計開始看見多元處遇方案的必要，在以兒少為權益主體的思維下，看見不同兒少的差異，在制度上回應不同兒少的需求，實為當前重要的課題。

The Child and Youth Sexual Exploitation Prevention Act has been in force for thirty years and has undergone twelve amendments to address evolving social challenges. As a major civil society actor behind the original legislative advocacy, the Garden of Hope Foundation reflects on four decades of movement building and practical service experience. This article traces the historical development in three stages: (1) the initial phase of rescue actions and social movements that drove the Act’s enactment; (2) the period following its passage, characterized by institutional establishment and amendments under what was then known as the Child and Youth Sex Trade Prevention Act; and (3) the shift in perspective following the introduction of the Convention on the Rights of the Child (CRC), which reframed the issue of child and youth sexual exploitation with a stronger emphasis on rights and agency.
Each stage brought forth new issues and trajectories, creating opportunities to reconsider how the issue was positioned, how children and youths were defined, and how terminology concerning them was used and transformed. These reflections and renamings represent steps toward restoring justice to children and youths within a process of historical transition. Furthermore, in examining the relationship between children and youths’subjectivity and service mechanisms, the article identifies the need to move beyond single-framework service design toward more diversified approaches. Recognizing children and youths as rights-holders underscores the importance of addressing their varied needs within institutional frameworks, which remains a crucial challenge today.