The Rights and Protection of Non-native Children

• Main Authors: SHIH,YU-WEI, 石郁薇
• Other Authors: LIN,KU-YEN
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/jvg55g

碩士 === 中國文化大學 === 法律學系 === 107 === Abstract This study mainly examines the constitution, conventions, legal norms and practical processes through literature reading and legislative purposes, and examines the rights and protection of non-native children from the legal level, centering on the rights of right to life, health, education and work. Non-native children it means children who do not have the nationality of the Republic of China (Taiwan), including children of foreign nationality and statelessness. The disputes of children of non-nationality in the country are mostly from foreign worker after working for many years. Pregnancy in the Republic of China (Taiwan), their children’s identity in the country, the scope of protection, the way to protect, etc., and the Constitution only defines the nationals in this article, but the rights protection of the second chapter of the Constitution is fixed by the people, because of the special situation of the Republic of China (Taiwan) in the international It is impossible to conclude a convention. By translating the convention into a domestic law, the convention can be transferred to the domestic law. After the conversion, it is inevitably different from the domestic law. This article will list it. The differences between legal norms and practice processes are also listed in this article. In the practical level, there are indeed many problems that are difficult to solve, such as the control of the number of children of non-nationality. If the child’s mother produces it on its own, it is difficult for the child to enter the birth notification system, or when the foreign nationality is When repatriating and leaving the country, it is difficult to ascertain if it is not told that there are children in the country. This study believes that if we do not have good control over children of non-nationality who need to be protected, at least when they find that they need help, It should be able to give its due rights protection in a timely manner, so that it is the true realization of the rights of children of non-nationality.