從《兒童權利公約》理念探究幼兒園不當管教及體罰議題：相關法規、行政及司法機關見解

Exploring Improper Discipline and Corporal Punishment in Preschools: Relevant Laws, Administrative Perspectives, and Judicial Views in Light of the Convention on the Rights of the Child

《兒童權利公約》揭示「兒童不會因為走進學校大門就失去人權」，幼兒園不當管教及體罰案件時有所聞，應從兒童權利觀點切入相關法規以探究不當管教及體罰議題，並從中反思，以實現《兒童權利公約》理念的友善幼兒教育園地。本文首先闡釋《兒童權利公約》理念，透過彙整分析不當管教及體罰相關法規與行政及司法機關見解，進而由《兒童權利公約》理念反思現況並提出以下建議：親師攜手共同維護幼兒為權利的主體、不當管教與體罰的認定應涵蓋一切形式暴力、考量幼兒發展特殊性訂定幼兒輔導管教法規、調查小組應納入輔導及幼教實務經驗專家學者、建議將兒童權益理念納入培育課程及在職研習、不當管教認定的調整需搭配輔導為基礎的裁處、從兒童權利公約理念整體規劃並訂定相關規範、從教育現場脈絡檢視幼兒園運作模式與結構。

The Convention on the Rights of the Child reveals that ''Children do not lose their human rights by virtue of passing through the school gates.'' However, cases of improper discipline and corporal punishment in preschools have been reported occasionally. In order to create a friendly preschool environment, educators and policymakers should reflect on the laws and regulations related to improper discipline and corporal punishment from the perspective of children's rights. This article explains the idea of the Convention on the Rights of the Child, analyzes the laws and regulations related to improper discipline and corporal punishment and the judicial practices of administrative and judicial organs, and makes recommendations on the current situation based on Convention on the Rights of the Child. The following are eight recommendations: 1. Parents and teachers should work together to protect and treat children as rights holders. 2. All forms of physical or mental violence should be considered improper discipline and corporal punishment. 3. The development of children should be considered to formulate regulations on children’s counseling and discipline. 4. Investigation teams should include experts and scholars with practical experience in counseling and early childhood education. 5. The principles of children’s rights should be incorporated into the curriculum for child development and included as a topic in professional development training. 6. The adjustment in response to improper discipline should be accompanied by counseling-based interventions 7. Government authorities should consider involving relevant stakeholders in the design and establishment of regulations based on the principles of the Convention on the Rights of the Child. 8. A comprehensive re-evaluation of the structure and operation of preschools should be conducted.