| Summary: | 碩士 === 國立中正大學 === 法律系研究所 === 106 === The study on the rights of children under immigration and immigration control - centering on the application of the Convention on the Rights of Children aims at discussing the children's rights under the current entry and exit regulations in our country. With the gradual introduction of various human rights conventions in our country and through the implementation of the law, The effectiveness of domestic law of international human rights conventions, such as the two human rights treaties, the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities. Conventions on human rights are the highest standards of human rights protection in the world. Generally accepted by more countries, our country should follow these standards both as a member of the international community. First of all, through the analysis of actual cases and current regulatory measures, we can examine whether the measure or case is related to the rights of children. Furthermore, we can identify the rights of children or procedural rights of entities that may be violated. Finally, Through the analysis of the convention on the applicability of human rights under the current legal system in our country and the interpretation of the Constitution, we have taken the solution to the existing relevant issues in practice and made suggestions on the revision of the law. At present, the concept of children's rights in our country's entry and exit control laws and practices, or even immigration policies, are not protected. The so-called children's rights think of children as the subject of rights rather than discussing from a parent's point of view whether a regulation or punishment is in line with the rights of children Interest. In view of the immigration policies and various immigration regulations, most of their efforts will be placed on the protection of spouses of foreign spouses or residents in mainland China while ignoring the rights of their children. As a bridge between international law and domestic law, They are often used selectively and therefore often find it difficult to achieve individual protection of human rights.
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