President Ma Ying-jeou met on the morning of November 20 with a child rights delegation. In addition to announcing that the Enforcement Act of the Convention on the Rights of the Child had entered into force that same day, the president also spoke about measures adopted by the government to protect the rights of children.
In remarks, President Ma stated that November 20 is Universal Children's Day and is also the 25th anniversary of the passage of the Convention on the Rights of the Child by the United Nations (UN) General Assembly. This convention, the president said, is an important document for the protection of rights for children throughout the world, and its main focus is that children are not property of the state or their parents, but possess the same inalienable rights as adults. This convention, President Ma remarked, has more signatories than any other international convention. Of the 196 nations in the world, 193 are signatories or parties, he said, adding that the convention constitutes an important milestone in the development of rights of the child.
President Ma also noted that similar enforcement acts were promulgated by the government in 2009 (Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights) and 2011 (Enforcement Act of the Convention on the Elimination of All Forms of Discrimination against Women).
The president explained to the visitors that the ROC has been unable to sign or become party to UN conventions since losing its UN seat in 1971. In order to overcome this situation, he said, after he took office in 2008 the ROC's Legislative Yuan approved important covenants, and in doing so followed standard international practice. The covenants were first reviewed and passed by the Legislative Yuan, the president signed the instruments of ratification, and they were then delivered to the UN Secretary General's Office. That office declined to accept the documents, but the ROC's Legislative Yuan incorporated the covenants into domestic law. As a result, they are applicable to the executive and judicial branches, and individuals can press for their rights on the basis of these covenants. "As a practical matter, the situation is no different here than in a signatory country," the president commented. Even though the ROC is not a signatory of the Convention on the Rights of the Child, its provisions are legally binding here, he stated. "This is an important way for us to overcome international isolation," according to President Ma. The president added that he instructed the Ministry of Justice to carry out a thorough review to determine whether the ROC could handle other conventions in the same manner so that the ROC will not be marginalized even in cases where it cannot be a signatory to international covenants.
President Ma remarked that in order to protect children's rights, the government has reviewed existing legislation and made needed changes. For instance, the convention provides that "neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age." Until 2005, however, the Criminal Code of the ROC allowed the death penalty for persons under 18 years old who murdered a lineal ascendant, which was contrary to the convention. This provision was amended in 2005, so the government can now enforce the law without violating the convention, the president remarked. He stated that the government will fully implement relevant legislation to protect the rights of children.
As for substantive measures taken by the government to protect children, the president noted, pregnant women here can take pregnancy leave to be at ease as they prepare to give birth, and after birth, the government provides maternity allowances. In addition, he stated, the government also provides childcare allowances to help either a mother or father who stays at home to care for a child aged under two, and these allowances have benefited over 250,000 children. In 2013, the government spent NT$5 billion on these subsidies. President Ma said that Taiwan is one of the very few countries in the Asia-Pacific region that have implemented such a system. "Taiwan is in the forefront in protecting women and children," he remarked.
As for protecting the rights of children and youth, President Ma mentioned, the number of abused children and youth in 2013 stood at over 16,000, which was 2,800 less than the previous year. Nonetheless, the government is still not satisfied, and will continue to adopt measures to protect children and ensure that all children and youth have a healthy and safe environment, he said.
President Ma then noted that apart from protecting children's freedom and safety, the government must also protect the right of children to an education. He stressed that students are still children in the broad sense of the word, and the responsibility of the government and teachers is to provide students with the basic knowledge appropriate for their age level. This, he said, will ensure that the students receive a good education and provide the foundation for a healthy and happy growth process.
Lastly, the president noted that his visitors included people of many different ethnicities, including the Hakka, indigenous, and new immigrant communities, as well as children and youth representatives from various age groups. He expressed hope that this dialogue and interaction would serve as reference for the government.