| 英文摘要 |
To fulfill the Convention on the Rights of the Child (CRC), Taiwan enacted the“Act of the Convention on the Rights of the Child”, giving the child rights contained in the CRC domestic legal effect. Following the implementation of the Act, the Judicial Yuan, based on the spirit of the Act, revised Article 3 of the“Juvenile Delinquency Act”regarding exposed minors. Furthermore, the amendments to the Act which took place in 2019 and 2023 cited the content of the CRC extensively as legislative justification. This demonstrates that the content of the CRC has become an important standard and reference for legislation in Taiwan. While the implementation of the Act has given the CRC domestic legal effect, there are still disputes regarding the legal hierarchy and application between the CRC and the Juvenile Delinquency Act. This article argues that the CRC should have a higher legal hierarchy than the Juvenile Delinquency Act in order to align the latter with international children’s human rights. The content of the CRC still needs to be implemented through constitutional interpretation and application by courts at all levels in order to be truly actualized in Taiwan. |
