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來源 PDF: 463-國家報告英文版-本文(Initial_Report).pdf

Implementation of the Convention on the Rights

Implementation of the Convention on the Rights of the Child - Initial Report (ROC)

of the Child

Initial Report Submitted under Article 44 of the Convention

Republic of China (Taiwan)

Child and Youth Welfare and Rights Promotion Group

November 2016

 CONTENTS

Paragraphs Page

INTRODUCTION……………………………………………………………… 1-5 …… 1

CHAPTER 1 GENERAL MEASURES OF IMPLEMENTATION……… 6-23 …… 3

A. Harmonizing National Laws and Policy with the Provisions of the

Convention - Article 4……………………………………………………… 6-16 …… 3

B. Coordinating Child and Youth Policies and Monitoring the

Implementation of the Convention - Article 4…………………………… 17-21 …… 5

C. Publicizing the Provisions of the Convention - Article 42………………… 22 …… 7

D. Publicizing this Report - Article 44. 6…………………………………… 23 …… 7

CHAPTER 2 DEFINITION OF THE CHILD…………………………… 24-47 …… 9

A. Definition of the Child - Article 1………………………………………… 24 …… 9

B. Terms and Age Limits - Article 1………………………………………… 25-47 …… 9

CHAPTER 3 GENERAL PRINCIPLES…………………………………… 48-85 …… 15

A. Non-Discrimination - Article 2…………………………………………… 48-57 …… 15

B. Best Interests of the Child - Article 3……………………………………… 58-67 …… 16

C. The Right to Life, Survival and Development - Article 6………………… 68-75 …… 18

D. Respect for the Views of the Child - Article 12…………………………… 76-85 …… 19

CHAPTER 4 CIVIL RIGHTS AND FREEDOMS………………………… 86-136 …… 23

A. Name and Nationality - Article 7………………………………………… 86-94 …… 23

B. Preservation of Identity - Article 8………………………………………… 95-98 …… 25

C. Freedom of Expression - Article 13……………………………………… 99-102 …… 25

D. Access to Appropriate Information - Article 17………………………… 103-115 …… 26

E. Freedom of Thought, Conscience and Religion - Article 14…………… 116-118 …… 29

F. Freedom of Association and Peaceful Assembly - Article 15…………… 119-121 …… 30

G. Protection of Privacy - Article 16………………………………………… 122-130 …… 30

H. The Right Not to Be Subjected to Torture or Other Cruel, Inhuman or

Degrading Treatment or Punishment - Article 37 (a) …………………… 131-136 …… 32

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 CONTENTS(continued)

Paragraphs Page

CHAPTER 5 FAMILY ENVIRONMENT AND ALTERNATIVE CARE…… 137-187 …… 35

A. Parental Guidance - Article 5……………………………………………… 137 …… 35

B. Parental Responsibilities - Article 18. 1-2………………………………… 138-141 …… 35

C. Separation from Parents - Article 9……………………………………… 142-149 …… 36

D. Family Reunification - Article 10………………………………………… 150-152 …… 37

E. Recovery of Maintenance for the Child - Article 27. 4………………… 153-157 …… 38

F. Children Deprived of a Family Environment - Article 20……………… 158-161 …… 39

G. Adoption - Article 21……………………………………………………… 162-171 …… 39

H. Illicit Transfer and Non-return - Article 11……………………………… 172-175 …… 41

I. Abuse and Neglect, including Physical and Psychological Recovery and

Social Reintegration - Articles 19, 39………………………………… 176-185 …… 42

J. Periodic Review of Placement - Article 25………………………………… 186-187 …… 45

CHAPTER 6 BASIC HEALTH AND WELFARE……………………… 188-239 …… 47

A. Survival and Development - Article 6.2…………………………………… 188-193 …… 47

B. Disabled Children - Article 23…………………………………………… 194-203 …… 48

C. Health and Health Services - Article 24………………………………… 204-230 …… 51

D. Social Security and Child Care Services and Facilities - Articles 26, 18.3…… 231-237 …… 57

E. Standard of Living - Article 27. 1-3……………………………………… 238-239 …… 59

CHAPTER 7 EDUCATION, LEISURE AND CULTURAL ACTIVITIES… 240-287 …… 61

A. Education, including Vocational Training and Guidance - Article 28… 240-266 …… 61

B. Aims of Education - Article 29…………………………………………… 267-275 …… 66

C. Leisure, Recreation and Cultural Activities - Article 31………………… 276-287 …… 68

CHAPTER 8 SPECIAL PROTECTION MEASURES………………… 288-364 …… 73

A. Children in Situations of Emergency……………………………………… 288-291 …… 73

(a) Refugee Children - Article 22………………………………………… 288-290 …… 73

(b) Children in Armed Conflicts - Articles 38, 39………………………… 291 …… 73

B. Children in Conflict with the Law……………………………………… 292-315 …… 73

(a) The Administration of Juvenile Justice - Article 40………………… 292-301 …… 73

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 CONTENTS(continued)

Paragraphs Page

(b) Children Deprived of their Liberty, including any Form of Detention,

Imprisonment or Placement in Custodial Settings – Article 37 (b), (c),

(d) …………………………………………………………………… 302-306 …… 77

(c) The Sentencing of Juveniles, in Particular the Prohibition of

Capital Punishment and Life Imprisonment - Article 37 (a) ………… 307 …… 78

(d) Physical and Psychological Recovery and Social Reintegration -

Article 39……………………………………………………………… 308-315 …… 79

C. Children and Youth in Situations of Exploitation, including Physical

and Psychological Recovery and Social Reintegration - Article 39…… 316-353 …… 81

(a) Economic Exploitation, including Child Labor - Article 32………… 316-325 …… 81

(b) Drug Abuse - Article 33……………………………………………… 326-334 …… 83

(c) Sexual Exploitation and Sexual Abuse - Article 34………………… 335-342 …… 85

(d) Other Forms of Exploitation - Article 36…………………………… 343-345 …… 88

(e) Sale, Trafficking and Abduction - Article 35………………………… 346-353 …… 89

D. Children Belonging to a Minority or an Indigenous Group - Article 30… 354-364 …… 91

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 INTRODUCTION

1. The “Constitution of the Republic of China (Taiwan)” (the Constitution) stipulates that

children and youth1 should, in principle, enjoy the same basic human rights as adults, except

for the right of suffrage, the right of taking public examinations and the right of holding

public offices. In addition, the Constitution provides that the state should implement child

welfare policies, allow all children between the ages of 6 and 12 to enjoy the right to basic

education, and give special protection to children doing manual labor.

2. From 1963 to 1971, Taiwan received aid from the United Nations Children’s Fund (UNICEF)

to promote child welfare in the country. To express its determination to promote child

welfare, the Taiwan government declared 1979 as the Year of the Child in Taiwan, following

the United Nations’ designation of 1979 as the International Year of the Child. In 1995, it

declared to the international community that it would comply with the spirit of the

Convention on the Rights of the Child (the CRC).

3. Taiwan passed the “Children Welfare Act” – the country’s first welfare law covering a

specific group of the population – in 1973 and the “Youth Welfare Act” in 1989. In 2003, the

two laws were merged to form the “Children and Youth Welfare Act,” which was amended

and renamed the “Protection of Children and Youths Welfare and Rights Act” in 2011.

4. Civil groups began lobbying the government to sign and join the CRC in 1992. In 1995, the

groups collected thousands of signatures from the public in support of accepting the CRC,

and played an active and important role in drafting and amending child and youth-related

laws, advocating child and youth issues, and initiating various child and youth programs. Due

to the advocacy of NGOs and lawmakers, Taiwan passed the “Implementation Act of the

Convention on the Rights of the Child” (the “Implementation Act of the CRC”, refer to

Attachment Intro.-1) in 2014, promulgated the Act on June 4 that year and implemented it on

Nov. 20 the same year. On April 22, 2016, Taiwan’s Legislative Yuan passed a bill to support

the adoption of the CRC, paving the way for the president to sign the Instrument of Accession

to the CRC on May 16.

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Article 1 of the CRC stipulates that a child means every human being under the age of 18. Article 2 of Taiwan’s

“Protection of Children and Youths Welfare and Rights Act” stipulates that children are people under the age of 12,

and youth are people aged 12 and over but under the age of 18. When discussing Taiwan’s laws in this report,

“child” or “children” is used to refer to those under the age of 12; “youth” is used to refer to those 12 years of age

and above and under the age of 18; and “children and youth” is used to refer to those below the age of 18 (which is

the definition of a child under Article 1 of the CRC). Refer to Attachment Intro.-2 regarding population overview of

children and youth.

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5. Articles 6 and 7 of the Implementation Act of the CRC stipulate that the Executive Yuan

should establish a committee to promote the welfare and rights of children and youth and the

committee should submit a national report within two years of the implementation of the Act.

The report should be written in the format as detailed in the “Compilation of Guidelines on

the Form and Content of Reports to be Submitted by States Parties to the International

Human Rights Treaties (HRI/GEN/2/Rev.6),” “General Guidelines Regarding the Form and

Content of Initial Reports to Be Submitted by States Parties (CRC/C/5),” and “Treaty-specific

Guidelines Regarding the Form and Content of Periodic Reports to be Submitted by States

Parties (CRC/C/58/Rev.3).”

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CHAPTER 1 GENERAL MEASURES OF IMPLEMENTATION

A. Harmonizing National Laws and Policy with the Provisions of the Convention - Article 4

The practice and review of national law

6. Article 2 of the “Implementation Act of the CRC” stipulates that the CRC shall have the

effect of domestic law. Article 9 of the Act stipulates that governments at all levels shall

review existing laws and regulations based on the provisions of the CRC and add, amend or

abolish any laws and regulations inconsistent with the provisions, as well as improve

administrative measures, by 2019. Taiwan set up a procedure for reviewing the above laws,

regulations and measures in 2014 and provided a priority review list of seven categories of

laws, 13 laws and 18 articles on Nov. 20, 2015. The review of the priority list of laws and

articles is set to be completed in 2017 (refer to Attachment 1-1).

7. The Ministry of Health and Welfare is the central competent authority in charge of laws and

regulations pertaining to child and youth welfare, rights and protection. Such laws and

regulations have been amended according to the CRC. In 1993, the “Children Welfare Act”

was amended to establish a mechanism for reporting, protecting and providing placement for

abused and neglected children. In 2003, a chapter on protective measures was added to the

“Children and Youth Welfare Act.” In 2011, the “Protection of Children and Youths Welfare

and Rights Act” was substantially revised to add measures related to the identity, health,

safety, education, social participation, welfare and protection of children and youth, and to

ensure that they enjoy play and recreational rights and development opportunities appropriate

to their ages and aptitudes. The “Child and Youth Sexual Transaction Prevention Act” was

passed in 1998 and renamed the “Child and Youth Sexual Exploitation Prevention Act” in

2015 in response to Constitutional Interpretation No. 623. Furthermore, the “Domestic

Violence Prevention Act” was passed in 1998, and in 2015, the Act extended its protection to

children and youth who have witnessed domestic violence.

8. The Ministry of Education is the central competent authority in charge of laws and

regulations pertaining to child and youth education. The “Compulsory Education Act” was

enacted in 1944 and the “Primary and Junior High School Act” in 1979 to protect Taiwan

citizens’ rights to a primary and junior high school education. In 1984, the “Special Education

Act” was promulgated to ensure that disabled and gifted citizens receive appropriate

education. The “Educational Fundamental Act” was passed in 1999 to establish guidelines for

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 basic education, and the “Early Childhood Education and Care Act” was enacted in 2011 to

ensure preschool children’s right to early childhood education.

9. The Judicial Yuan and Ministry of Justice are the central competent authorities in charge of

laws and regulations pertaining to juvenile justice and correction. The “Juvenile Delinquency

Act” was implemented in 1971. In 1997, the Act was amended to adopt the principle of

“replacing punishment with education and replacing probation with protection.” The Ministry

of Justice is responsible for enforcing reformatory education for juvenile inmates and

managing institutions that provide such education, as stipulated under the “Act of the

Establishment of Juvenile Reformatory Schools and Enforcement of Education” (though the

official translation uses the term “reformatory,” the law refers to what are called “correctional

schools” in this report) and the “Organic Statute of Reform Schools.”

10. The Ministry of Labor is the central competent authority in charge of laws and regulations

pertaining to child and youth labor protection. The “Labor Standards Act” was enacted in

1984 and included a chapter on child workers. In 2013, the Act extended the application of its

provisions to people under the age of 15 who provide their labor, and introduced a cap on the

working hours of child workers. Furthermore, the Ministry of Education introduced the “Act

of the Cooperative Education Implementation in Senior High Schools and the Protection of

Student Participants’ Right” in 2013 to protect students’ labor rights.

11. The aforementioned laws and regulations all include administrative penalties, and the court is

allowed to intervene under certain statutory circumstances, such as in civil, criminal, juvenile

and family cases and administrative proceedings2, to protect children’s rights.

The budget for executing CRC

12. Articles 4, 5 and 8 of the “Implementation Act of the CRC” stipulate that governments at all

levels shall promote the CRC, actively push for the fulfillment of the rights of children and

youth, and ensure that relevant budgets are allocated as a priority.

13. The government’s budget for children and youth over the years has been mainly allocated to

education, health, medical care, social welfare and culture. The budget totaled NT$44.8

billion in 2014 and rose to NT$46.9 billion in 2015, largely due to increases in funding for

some programs, such as a program that promotes tuition aid for senior and vocational high

2

Historically, a total of seven constitutional interpretations and 1,041 court verdicts have cited the CRC. From Nov.

20, 2014, when the “Implementation Act of the CRC” was put into effect, to the end of April 2016, 401 court

verdicts had cited the CRC.

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 school students; a program that provides child care and nursing subsidies to parents; and a

program that focuses on youth education and counseling (refer to Attachment 1-2).

International assistance

14. Taiwan has provided international assistance to children and youth overseas, and has

supported numerous projects in the areas of economic development, medicine, culture,

education and information technology equipment (refer to Attachment 1-3).

Cooperation with civil groups

15. To involve civil groups in the formulation of child and youth policies, governments at all

levels always invite members of these groups to participate in child and youth projects,

committees or coordination meetings. This cooperation with civil groups is mandated in

Article 6 of the “Implementation Act of the CRC” and Article 10 of the “Protection of

Children and Youths Welfare and Rights Act.” According to Articles 25, 28 and 76 of the

“Protection of Children and Youths Welfare and Rights Act,” representatives of the groups

shall also be invited to attend meetings on family child care services, the prevention of

accidents and injuries to children and youth, and the review of after-school care classes and

centers for children. Meanwhile, Articles 4, 9 and 39 of the “Early Childhood Education and

Care Act” stipulate that representatives of the groups shall be invited to meetings on

education and care services for children, the review of non-profit preschools and child rights

appeals.

16. In order to adopt the CRC into domestic law, governments at all levels have invited civil

groups to jointly review laws and regulations. Multiple review meetings on writing national

reports were also convened and the groups were invited to provide their opinions. The

government, civil groups, scholars and experts also formed a group to prepare for the

international review.

B. Coordinating Child and Youth Policies and Monitoring the Implementation of the

Convention - Article 4

Child and youth policy coordination mechanisms

17. A minister without portfolio acts as the convener and a deputy minister of health and welfare

acts as the executive secretary of the Executive Yuan’s Child and Youth Welfare and Rights

Promotion Group. Twenty-one scholars, experts, and representatives from civil groups are

invited to participate in the promotion group. The promotion group convenes a meeting every

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 four months for coordination, research, reviews, consultation, advocacy and education and

training, and to handle complaints related to violations of the CRC.

18. The government has established various promotion and coordination groups and committees

to handle child and youth policies that call for joint efforts from various government

ministries and agencies. They include groups that promote welfare and rights for children and

youth, early intervention services for developmentally delayed children, and the prevention of

domestic violence and sexual assault. They also include groups and boards that work to

prevent child and youth accidents, injuries, human trafficking and serious cases of abuse.

There are also committees that promote human rights and gender equality education, as well

as provide guidance on special education, student counseling and family education.

19. Local governments have established groups to protect the welfare and rights of children and

youth, in accordance with Article 10 of the “Protection of Children and Youths Welfare and

Rights Act.” Convened by heads of local governments, the groups consist of scholars, experts

and representatives of civil groups. They are responsible for the coordination, research,

review, and promotion of child and youth policies. If necessary, youth representatives may be

invited to attend the groups’ meetings (see Paragraph 77). Authorities are also required to

regularly monitor and hold coordination or consultative meetings on efforts related to early

intervention, child care, safety, after-school care, preschool education and care, management

of child care providers, and the prevention of child and youth sexual exploitation (see

Paragraph 15).

Mechanisms for monitoring the implementation of the Convention

20. Under the Constitution, the Executive Yuan is responsible for proposing policy objectives and

reporting to the Legislative Yuan on the progress of the “Implementation Act of the CRC.”

The Control Yuan is responsible for receiving and handling people’s petitions. In cases of

infringements or violations of human rights, the Control Yuan shall rectify wrongdoing by

government agencies or request that they make improvements. Between 2011 and 2015, 86 of

the Control Yuan’s investigation reports were related to child and youth issues. Among them,

cases involving the right to education accounted for the largest share (31%), followed by

cases on the right to life (24%) and cases on sexual assault (14%).

21. Every two years, the central competent authority invites scholars and experts to assess the

performance of local governments in implementing child and youth welfare policies, in

allocating and executing the budgets for these policies and in enforcing the CRC and other

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 child and youth laws and regulations. The results of the assessment affect the distribution of

general funds from the central government to local governments.

C. Publicizing the Provisions of the Convention - Article 42

22. The CRC was published in Chinese in 1990. In 2000, a revised version included new content,

such as the origins of child and youth rights, the formation process of the Convention and an

article-by-article explanation of the Convention’s text. In 2014, based on the “Implementation

Act of the CRC,” the government proposed a plan to enable authorities at all levels to provide

education and training to relevant personnel to further their understanding of the CRC (refer

to Attachment 1-4 for the results of the education and training). A CRC website –

https://crc.sfaa.gov.tw – was also launched, and digital learning materials and various

interpretations of the provisions of the Convention were produced to meet the varying needs

of the public, children and youth, and government workers. Local governments and civil

groups also received subsidies to organize a diverse range of promotional activities.

D. Publicizing this Report - Article 44. 6

23. A press conference and international symposium was held in November 2016 to present the

report to the public. All relevant information is to be published on the CRC website.

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CHAPTER 2 DEFINITION OF THE CHILD

A. Definition of the Child - Article 1

24. Article 2 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

children and youth are people under the age of 18, of whom “children” are under the age of

12, and “youth” are aged 12 and above and under 18.

B. Terms and Age Limits - Article 1

Age of compulsory education

25. Article 2 of the “Primary and Junior High School Act” and Article 2 of the “Compulsory

Education Act” stipulate that school-age citizens between 6 and 15 years of age shall receive

compulsory education.

Minimum age for enlistment (including both compulsory and voluntary military service)

26. The “Act of Military Service System” stipulates that all male citizens who have reached the

age of 18 are required to perform military service, which shall begin any time during the year

after the individual turns 18. The minimum age for performing voluntary military service

may vary depending on specific requirements of different programs. During the military

school period, military school cadets are not considered to be military personnel. A military

school student who is at least 18 years old shall begin his or her active duty after graduation

and the successful completion of all training.

Minimum voting age

27. Article 130 of the Constitution, Article 11 of the “Presidential and Vice Presidential Election

and Recall Act,” and Article 14 of the “Civil Servants Election and Recall Act,” as well as

Article 7 of the “Referendum Act,” stipulate that any citizen who has reached 20 years of age

shall have the right of suffrage, unless a declaration of guardianship has not yet been revoked.

Minimum age for marriage

28. Articles 980 and 973 of the “Civil Code” stipulate that a male who has not reached the age of

18 and a female who has not reached the age of 16 shall not conclude a marriage; a male who

has not reached the age of 17 and a female who has not reached the age of 15 shall not make

an agreement to marry.

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Legal age of majority and the age of disposing capacity to perform juridical acts

29. Articles 12 and 13 of the “Civil Code” stipulate that the age of attainment of majority is 20. A

natural person who has reached majority has full disposing capacity to make juridical acts as

do minors who have married. Minors who have not attained the age of 7 have no capacity to

make juridical acts, while minors who have reached the age of 7 are granted a limited

capacity to make juridical acts.

Minimum age of criminal responsibility

30. Article 18 of the “Criminal Code of the Republic of China” (the “Criminal Code”) stipulates

that a person who has not reached the age of 14 is excluded from criminal liability, while the

criminal liability of a juvenile aged 14 or over but under 18 may be reduced. But criminal

cases involving such juveniles shall first be sent to Juvenile Court and processed based on

procedures for handling them laid out in the “Juvenile Delinquency Act.”

Minimum age of sexual consent

31. According to Article 227 of the “Criminal Code,” the age of consent for sexual activity is 16.

Therefore, a person who has sexual intercourse with a male or female under the age of 16

shall be sentenced to jail. The penalty becomes more severe if a person has sexual intercourse

with a male or female under the age of 14.

Minimum age to file a lawsuit without parental consent

32. A child or youth may file a lawsuit in court, but the consent of his or her legal representative

is required. However:

(a) Article 45 of the “Taiwan Code of Civil Procedure” and Article 27 of the “Administrative

Litigation Act” stipulate that a minor under 20 who is already married has the capacity to

litigate independently. Minors 7 years old and above who are allowed to operate a

business independently with the consent of a legal representative have the capacity to

litigate in civil or administrative cases related to their businesses.

(b) Under Article 319 of the “Code of Criminal Procedure,” a person who has not reached

the age of 20 but is married, may independently file a private prosecution.

(c) Article 14 of the “Family Act” stipulates that a minor aged 7 or over or a minor under the

age of 7 who can prove he or she is capable of declaring an intention, except as otherwise

provided in the statutory law, can file a complaint in court with regard to family matters

concerning his or her identification or personal liberty without parental consent.

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 Legal age to voluntarily testify in court

33. The law does not specifically limit the age of any person to voluntarily testify against another

person in court. Every citizen has a duty to appear and testify when subpoenaed as a witness

in a criminal case, except as otherwise provided in the statutory law. According to Article 186

of the “Code of Criminal Procedure,” however, a person who has not reached the age of 16

shall not be ordered to make an affidavit that he or she will tell the truth, in consideration of

his or her immature physical and mental abilities as well as an inability to understand the

meaning and effect of an affidavit. Under those and other circumstances, the individual will

be advised not to make an affidavit to avoid committing perjury, according to the Article.

Minimum age of personal liberty restrictions due to judicial protection or child welfare placement

34. The “Criminal Code,” the “Juvenile Delinquency Act” and the “Code of Criminal Procedure”

stipulate that the minimum age for serving a prison sentence and being detained is 14 years

old. Article 85-1 of the “Juvenile Delinquency Act” stipulates that children aged 7 or over but

under 12 who violate criminal laws shall apply for juvenile delinquent protection.

Meanwhile, the minimum age at which a child can have his or her personal liberties restricted

under “protective measures” is 7 years old3.

35. The “Protection of Children and Youths Welfare and Rights Act” and the amended “Child and

Youth Sexual Exploitation Prevention Act” do not define a specific minimum age for

placement services. However, if a person in placement reaches the age of 18 and still needs to

remain in placement based on an evaluation, the placement can be continued until the

individual turns 20; college students in placement can remain there until they graduate.

Minimum age for child workers and for hazardous employment

36. The chapter on child workers in the “Labor Standards Act” stipulates that a worker aged 15

and above but under 16 shall be considered as a child worker. No employers shall hire any

person under the age of 15; however, this does not apply if the person has graduated from

junior high school or has been authorized by the competent authority. Employers who hire

workers under the age of 18 shall keep the letters of consent from legal guardians and age

certificates for such workers on file.

3

The state does not place restrictions on the personal liberty of children during placement. Between 2011 and 2015,

only one child per year aged at least 7 but under 12 was ordered to receive reformatory education, and the orders

were not carried out until each of them reached 12 years of age.

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37. Article 29 of the “Occupational Safety and Health Act” stipulates that employers shall not

hire any person who has not reached the age of 18 to perform any potentially dangerous or

hazardous work.

Minimum age for obtaining a medical consultation, medical treatment or a surgical

procedure without parental consent

38. Articles 63 and 64 of the “Medical Care Act” stipulate that a minor who undergoes a surgical

operation, anesthesia or an invasive examination or treatment must have the letter of consent

signed by his or her legal guardian. In case of emergency, however, the provisions above shall

not apply.

Minimum legal age for drinking and smoking

39. Article 43 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

persons under the age of 18 shall not smoke or drink. Article 12 of the “Tobacco Hazards

Prevention Act” also stipulates that persons under the age of 18 shall not smoke.

Media Classification

40. According to the “Videos and Publications Classification Regulations,” restricted-rated

programs are not allowed to be viewed by any person under the age of 18.

41. The “Videos and Publications Classification Regulations” and the “Regulations Governing

the Classification of Motion Pictures and Trailers and the Use of Advertisements and

Promotional Materials for a Motion Picture” classify videos, films and movie trailers into the

following five categories in accordance with their content:

 Restricted (R) – Viewing by any person under the age of 18 is not permitted.

 Parental guidance 15 (PG-15) – Viewing by any person under the age of 15 is not

permitted.

 Parental guidance 12 (PG-12) – Viewing by children under the age of 12 is not permitted.

 Protected (P) – Viewing by children under the age of 6 is not permitted. It is permitted for

children aged 6 or over but under 12 when accompanied by a parent, teacher, or other

adult.

 General audiences (G) – Viewing by all audiences permitted.

42. The “Regulations Governing the Classification of Television Programs” divide television

programs into the following four categories in accordance with their content:

 Restricted (R) – Viewing by any person under the age of 18 is not permitted.

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  Parental guidance (PG) – Viewing by children under the age of 12 is not permitted. It is

permitted for youth aged 12 or over but under 18 when accompanied by a parent or

teacher.

 Protected (P) – Viewing is not permitted for children under 6 years old. It is permitted for

children aged 6 or over but under 12 when accompanied by a parent, teachers, or other

adult.

 General audiences (G) – Viewing by all audiences is allowed.

Classification for video game software and electronic game arcades

43. The “Game Software Rating Management Regulations” divide game software into the

following five ratings categories in accordance with its content:

 Restricted (R) – Only persons aged 18 or over may use such software.

 Parental guidance 15 (PG-15) – Only persons aged 15 or over may use such software.

 Parental guidance 12 (PG-12) – Only persons aged 12 or over may use such software.

 Protected (P) – Only persons aged 6 or over may use such software.

 General public (G) – Persons of all ages may use such software.

Meanwhile, the “Electronic Game Arcade Business Regulation Act” divides electric game

arcades business into the following two ratings in accordance with their content: General and

Restricted. The latter prohibits entry of any person under the age of 18.

Minimum age to take non-professional driver’s license exams (and to obtain a non-

professional driver’s license)

44. The “Rules on Road Traffic Safety” stipulate that a person who is under the age of 18 shall

not take a driver’s license exam (and obtain a driver’s license) for a non-professional

automobile, ordinary light motorcycle and ordinary heavy motorcycle.

Minimum age to purchase a public welfare lottery ticket

45. Article 9 of the “Public Welfare Lottery Issue Act” stipulates that the delegated organization

or retail outlet shall not sell lottery tickets or pay prizes to any person under the age of 18.

Minimum age to possess a credit card

46. Article 21 of the “Regulations Governing Institutions Engaging in Credit Card Business”

stipulates that a main credit card holder shall be 20 years old or above, while a supplementary

credit card holder shall be 15 years old or above.

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Minimum age to participate in administrative procedures

47. According to the “Administrative Procedure Act,” a person who has disposing capacity is

able to act in administrative procedures. A person who has no disposing capacity for

administrative procedures shall be represented by his or her statutory agent to act for and on

behalf of him or her in administrative procedures. More details on the question of disposing

capacity can be found in Paragraph 29.

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CHAPTER 3 GENERAL PRINCIPLES

A. Non-Discrimination - Article 2

48. Article 7 of the Constitution stipulates that “All citizens of the Republic of China,

irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.”

49. The “Act to Implement the International Covenant on Civil and Political Rights and the

International Covenant on Economic, Social and Cultural Rights” was introduced in 2009, the

“Enforcement Act of Convention on the Elimination of All Forms of Discrimination against

Women” in 2012, and both the “Act to Implement the Convention on the Rights of Persons

with Disabilities” and the “Implementation Act of the CRC” in 2014. These laws ensure

protection of basic human rights of women, children, youth and the disabled.

50. The same benefits and education are provided to children and youth, without considering who

they are, or who their parents or guardians are.

51. Children and youth are required to be covered by the national health insurance program,

according to Articles 8 and 9 of the “National Health Insurance Act.”

52. The “Medical Care Act,” the “Artificial Reproduction Act,” the “Genetic Health Act,” the

“Physicians Act” and the “Medical Technologists Act” ban the practice of fetal gender

selection by hospitals and medical personnel. More details can be found in Paragraph 71.

53. Article 12 of the “Standards for Establishing Children and Youth Welfare Institutes”

stipulates that “Nursery service centers shall not reject children for reasons of developmental

delay, disabilities or that theirs are low-income or low-to-middle income families.”

54. To help integrate children and youth with disabilities into society, the “Act to Implement the

Convention on the Rights of Persons with Disabilities,” and Articles 16 and 74 of the “People

with Disabilities Rights Protection Act” stipulate that people with disabilities shall not be

discriminated against in education, medical care, residence/housing, migration and

employment. Discriminatory or biased reports by media outlets shall not be allowed. Articles

9 and 22 of the “Special Education Act” require that all governments should set special

education budgets at no less than 4.5% of the yearly educational budget of the central

government and no less than 5% of the educational budget of the local government. The

schooling of people with disabilities is given priority under local government budgets. The

above articles also stipulate that all schools and test centers must not reject student admission

because a person has disabilities.

15

 55. Articles 10 and 11 of the “Education Act for Indigenous Peoples” stipulate that public

preschools, non-profit preschools, and community or tribal cooperative education and care

service centers shall be widely established in indigenous regions and that indigenous schools

and/or indigenous classes at any level should be established to improve the school attendance

of indigenous students and maintain their indigenous culture. Meanwhile, Article 7 of the

“Early Childhood Education and Care Act” and Article 4 of the enforcement rules of the Act

require public preschools and non-profit preschools to give priority to disadvantaged

children4 to safeguard their access to education services.

56. Articles 4 and 7 of the “HIV Infection Control and Patient Rights Protection Act” prohibit

unfair treatment or the denial of education, medical care, employment, day care, or housing to

children or youth who have contracted the HIV virus, and require the government to launch

educational and promotional campaigns that discourage these types of discrimination. Article

7 of the “Regulations Governing Protection of the Rights of HIV Patients” offers a channel

for appeals against unfair treatment.

57. Article 22 of the “Protection of Children and Youths Welfare and Rights Act,” the “Primary

and Junior High School Act,” and the “Regulations for Subsidizing Life Assistance as well as

Nursery and Medical Expenses of Disadvantaged Children and Youth” give foreign or

stateless children and youth the same rights to medical services, care and education enjoyed

by ROC nationals.

B. Best Interests of the Child - Article 3

Legislation and measures adopted to protect the best interests of children and youth

58. Article 5 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

when handling matters involving children and youth, their best interests should be taken into

consideration as a top priority by the government, public/private institutes, and groups, and

that “in case of unlawful invasion, the government will properly assist and protect the rights

and interests of children and youth.”

59. Articles 56 and 61 of the “Protection of Children and Youths Welfare and Rights Act”

authorize the government to take immediate action and place children or youth into proper

care based on their best interests and respectful of their will. Interviews, interrogations,

4

Disadvantaged children include those from families of low-to-middle incomes or in special situations, with physical

or mental disabilities, of aboriginal heritage, as well as children of people with medium to serious disabilities.

16

 examinations, or physical checkups of children and youth during placement that are not for

the purpose of protecting them are prohibited.

60. “Regulations for Placement of Helpless Children and Youth” have been introduced to

establish procedures and measures for providing protection and placement for abandoned or

homeless children and youth, including helping them find adoptive families or placing them

in foster or institutional care, based on their best interests.

61. Articles 14 and 44 of the “Domestic Violence Prevention Act” require courts to consider the

best interests of the child when ruling on exercising the rights or assuming the duties toward

minors as well as on visitation rights. If necessary, the court may also consult the child and

the social worker for their views. The court may alter its rulings based on the best interests of

the child, if domestic violence reoccurs.

62. Article 15 of the “Sexual Assault Crime Prevention Act” requires the presence of social

workers appointed by local governments during investigations and trials when the victim is a

minor, unless it is deemed unnecessary. Article 15-1 of the Act authorizes assistance from

professionals to underage victims during investigations and trials. In 2017, the Ministry of

Health and Welfare plans to provide a list of experts in conducting interviews with minors to

help judicial and police authorities prepare training programs for their personnel.

63. Article 1055-1 of the “Civil Code” stipulates that a court, when ruling on parental rights in a

divorce, should make its decision based on the best interests of the child. The “Family Act”

also introduces the role of social workers to make visits and accompany the minors in court in

such cases, and authorizes the appointment of a guardian ad litem.

64. The court is required to consider the best interests of the child when selecting or changing a

minor’s guardian or when approving an adoption or the termination of an adoption of a minor

under Articles 1106, 1106-1, 1079-1 and 1080 of the “Civil Code.”

Measures taken to ensure standards of institutions and facilities serving children and youth

for their best interests

65. Regulations have been introduced for the establishment, approval, management and review of

preschools, welfare institutes for children and youth, and care centers, as well as for assessing

the qualifications of these organizations’ employees. Rules are also in place to regulate the

number of people at each facility, the services offered, building and safety requirements

(including guidelines for floor space, special needs and fire safety requirements),

requirements for training and training hours, and the ratio of children and youth to

professionals working in a facility.

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66. Apart from mandatory requirements on the qualifications of professionals working in welfare

institutes for children and youth and care services, authorities are required to check if

employees of these facilities have a criminal history of sexual offenses, or a record of abuse

of minors, improper behavior, mental disease, or physical or mental disorders (as certified by

two or more doctors) that prevent them from performing their duties.

67. Article 84 of the “Protection of Children and Youths Welfare and Rights Act” requires the

government to visit and inspect welfare institutions for children and youth to maintain the

quality of service at these facilities. Authorities are also required to supervise and monitor

improvements made by underperforming institutions.

C. The Right to Life, Survival and Development - Article 6

68. Article 15 of the Constitution stipulates that “the right of existence” shall be guaranteed to the

people while Articles 155 to 157 of the Constitution and Article 10 of the “Additional Articles

of the Constitution” specify the state’s obligation to offer assistance and relief to the aged and

the infirm who are unable to earn a living and to victims of unusual calamities; promote

motherhood and the welfare of women and children; establish extensive services for hygiene,

health protection, and national health insurance; and support the development and self-

reliance of people with disabilities and indigenous peoples.

69. Article 23 of the “Protection of Children and Youths Welfare and Rights Act” and Article 14-

1 of the “Gender Equity Education Act” ensures the right to education of minors who are

pregnant or become a parent and that of their children, and require the government to provide

them necessary assistance. The numbers of pregnant students who remain in senior high

school are listed in Attachment 3-1.

70. Except for procedures carried out under the “Genetic Health Act,” causing or conducting

illegal abortions are offenses punishable under Articles 288 to 292 of the “Criminal Code.”

71. The “Physicians Act” and the “Medical Technologists Act” ban medical personnel from

conducting fetal gender selection or tests to determine the gender of fetuses for selection

purpose, while the “Regulations for Artificial Reproduction Institution Permit” have been

amended to include monitoring of the gender ratio of newborns. A working group was set up

by the Ministry of Health and Welfare to check the gender ratio of newborns in hospitals. The

government also continues to promote gender equality through educational campaigns and to

crack down on illegal advertisements.

72. Articles 49 and 56 of the “Protection of Children and Youths Welfare and Rights Act”

prohibit acts that endanger children and youth or put them at risk of imminent harm, and

18

 authorize the government to take action such as emergency protection or placement or other

necessary measures.

73. To avoid moral hazard and protect the lives of minors, Article 107 of the “Insurance Act”

stipulates that if a minor under the age of 15 is the insured party in a life insurance policy,

benefits for the insured minor’s death will not be paid until the minor would have reached 15

years of age.

74. The “Household Registration Act” governs registration of deaths, including those of minors.

Statistics on the live births-to-stillbirth ratio, infant deaths and mortality rate, causes of infant

deaths, percentage of minors in the overall population (based on mid-year populations) and

mortality rates among minors, rate of accidental deaths among minors, and suicide rate

among minors are shown in Attachments 3-2 to 3-7.

75. See Section A of Chapter 6 for more on the right to life and development, and Chapters 5 to 8

on child development and poverty; parental responsibilities; health; standard of living;

education and leisure; and protection measures.

D. Respect for the Views of the Child - Article 12

Protection provided in the Constitution

76. Articles 11 and 14 of the Constitution state that people shall have freedom of speech,

teaching, writing, publication, assembly and association.

The views of children and youth on welfare- and health-related rights

77. Article 5 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

“the government, public/private institutes, and groups will consider the opinions of children

and youth according to each individual’s mental maturity when dealing with relevant

matters.” Article 10 states that authorities shall invite youth representatives to attend meetings

of groups to promote the welfare and rights of children and youth (see Paragraph 19). Under

Article 38, the government is required to work with private institutes and groups to offer

opportunities and encourage children and youth to participate in public affairs in schools and

communities. Several local governments in Taiwan have selected representatives of minors to

attend the abovementioned meetings on protecting and promoting the welfare and rights of

children and youth5.

5

As of March 2015, 15 county and city governments had selected a total of 269 representatives among children and

youth.

19

78. Local governments are responsible for supervising placement institutions, and children and

youth in their care may attend internal meetings and file complaints through formal channels.

During placement, authorities should consult minors and respect their will when their parents

or guardians apply to visit them.

79. On the rights of children and youth who are victims of domestic violence to express

themselves, see Paragraph 61. In cases of sexual harassment, Article 13 of the “Regulations

of Sexual Harassment Prevention” offers all parties involved, including minors, an

opportunity to make a statement and to defend themselves. The “Sexual Assault Crime

Prevention Act” guarantees the right to express views during investigations and trials. For

more on this, see Paragraph 62.

80. See Paragraph 38 for issues relating to minors’ consent to medical treatments under the

“Medical Care Act.” The protection of victims’ privacy and consent to medical treatments in

the cases of sexual assault, incest, HIV tests and abortion are regulated by Article 11 of the

“Sexual Assault Crime Prevention Act,” Article 15-1 of the “HIV Infection Control and

Patient Rights Protection Act,” and Article 9 of the “Genetic Health Act.”

The views of children and youth on rights of education

81. Articles 25 and 55 of the “Senior High School Education Act” require junior college and

senior high schools to ensure the presence of representatives elected by students when

meetings are held on the formation of rules on students’ schoolwork, lives, rewards and

punishment, and requirements for graduation. Article 2 of the Ministry of Education’s

guidelines on schools’ formation of rules regarding how teachers should counsel and

discipline students require one-fifth of the meeting’s participants to be student representatives

in senior high schools and schools at higher levels, and one-tenth in elementary schools and

junior high schools.

The views of children and youth on labor rights

82. Article 20 of the “Act of the Cooperative Education Implementation in Senior High Schools

and the Protection of Student Participants’ Right” gives students working outside schools

under cooperative education programs the right to file complaints with the school over

disputes on terms of their participation in such programs.

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The views of children and youth in judicial procedures

83. Article 1055-1 of the Civil Code requires the court to consider the will of the child in cases

related to parental rights. The “Family Act” stipulates that minors should have the

opportunity to express their will or make statements. It also has provisions for holding closed

court sessions; creating a friendly court environment; allowing social workers’ participation;

and conducting interrogations in a separate space in parental rights cases. There are also

provisions for appointing a guardian ad litem; introducing assistance from experts in child or

youth psychology or in other relevant fields; removing personal information in verdicts to

protect minors; and order child and family investigators to investigate facts with regard to a

particular matter and mediators to handle family matters.

84. Article 3-1 of the “Juvenile Delinquency Act” stipulates that “while investigating or hearing a

juvenile case, the police, prosecutor, juvenile investigator, or judge shall notify the juvenile

the facts of an offense or causes for potential delinquency, hear his or her statements, and

notify the juvenile their rights to select a defender.” The Act also allows a juvenile to be

accompanied by his or her legal representative, guardian, attorney or persons assisting in

defending the juvenile during the investigation and court sessions.

The views of youth in juvenile correctional schools

85. Articles 7 and 8 of the “Act of the Establishment of Juvenile Reformatory Schools and

Enforcement of Education” protect the rights of juveniles in correctional schools to express

their views on their school’s educational practices. They can also file complaints with the

school’s appeals committee if their rights have been infringed upon, or if they disagree with

the way they have been treated or disciplined. The schools are required to allow students to

hold class meetings and give juveniles the right to express their opinions publicly or

anonymously.

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22

CHAPTER 4 CIVIL RIGHTS AND FREEDOMS

A. Name and Nationality - Article 7

Reporting and registration of the birth of a child

86. Article 14 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that a

person who delivers birth shall report the relevant birth information within seven days after

the delivery of the baby to the health authorities. If it was stillborn, the same applies.

87. Pursuant to Articles 6, 48, 48-2, and 79 of the “Household Registration Act” as well as Article

5 of the “Online Birth Reporting Operational Directives,” any nationals under 12 years of age

born in the ROC shall be subject to birth registration within 60 days of birth. If the concerned

parties fail to register the birth after being notified, the birth registrations shall be filed

directly by the government.

88. Registration of newborns of non-nationals shall be made in accordance with the “Standard

Procedure for the Registration of a Newborn of an Alien in Taiwan,” and the record will be

kept on file. The parents will be notified to apply for residence for the newborn within 30

days of the birth, pursuant to Article 26 of the “Immigration Act.”

89. For foreign and stateless children and youth unable to acquire residence permits, the priority

for the authorities concerned is to help them obtain nationality, household registration, or a

residence permit. Before completing such steps, the authorities concerned should provide

assistance related to social welfare services, medical care and schooling rights, according to

Article 22 of the “Protection of Children and Youths Welfare and Rights Act.”

Name

90. Article 1059 of the “Civil Code” stipulates that parents should agree on the surname of their

children in writing. Without such an agreement or when an agreement cannot be reached, the

surname shall be determined by drawing lots at the Household Registration Office. A child’s

surname can be changed as desired (by agreement between the parents before the child

reaches maturity, or by the child after he or she has reached maturity), or by a judicial

declaration. There are restrictions on the number of times and conditions an individual can

apply for surname changes. According to Article 1078 of the “Civil Code,” an adopted child

may assume the surname of the adopter or maintain his or her original surname. When a

husband and wife co-adopt a child, they shall agree in writing whether the adopted child will

23

 assume the surname of the adoptive father or of the adoptive mother or maintain his or her

original surname.

91. Article 1 of the “Name Act” states that an indigenous person or a person of an ethnic minority

may register his or her name in accordance with his or her culture and customs. When an

ROC national marries a foreign national or stateless person, the Chinese names of their

children should conform to the practice of naming in the ROC. This shall also apply to the

Chinese name of a foreign national or stateless person applying for naturalization.

Nationality

92. According to the Republic of China’s “Nationality Act” revised in 2000, ROC nationality in

principle follows jus sanguinis, though there are exceptions when jus soli is applied. A person

whose father or mother is a national of the ROC at the time of his or her birth qualifies for

nationality. A person born after the death of his or her father or mother who was, at the time

of death, a national of the ROC, can also be a national of the ROC. A person who was born in

the territory of the ROC to parents whose nationality could not be ascertained or who were

both stateless can become a national of the ROC. Children of naturalized foreign nationals

can apply for naturalization. The ROC nationality of a child or youth cannot be automatically

invalidated for whatever reason. A person who wishes to give up ROC nationality should

apply to the authorities, and it will become effective after the application is approved.

93. Stateless or foreign minors may, under certain conditions on a case-by-case basis, be allowed

to reside in the ROC, have schooling rights and medical care, and, later on, have the right to

apply for naturalization, pursuant to “minutes of the meeting to resolve issues regarding

overstaying foreigners who have children with ROC nationals and the reporting system of

non-national newborns,” revised “Standard Procedures for Newborns of Foreigners in

Taiwan” promulgated in 2015, and “Standard Procedures for Checks by the National

Immigration Agency under the Ministry of the Interior of Illegal Immigrants and their Minors

under 18.” Also, see Paragraph 57.

The authorities will try their best to guarantee the right of adopted children to know the

identity of their biological parents and be looked after by them

94. Article 21 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

the central government agencies concerned should keep records on the identities and health

of adopted children and their biological and adoptive parents and other information related to

each individual’s case. The “Information Management and Regulations of Child and Juvenile

24

 Adoption” state that related authorities may provide assistance to those who wish to find their

biological family. Courses taken by adopters to prepare them for adoption should cover

“informing adopted children of their identities” so as to guarantee the right of adopted

children to know their biological parents.

B. Preservation of Identity - Article 8

95. It is stipulated in Articles 1064 and 1065 of the “Civil Code” that a child born out of wedlock,

who has been acknowledged and raised by the natural father, whose natural father and mother

have married each other, or whose relation to a parent is confirmed by the court, is deemed to

be legitimate and entitled to the rights of a child of a married couple.

96. The “Status Act for Indigenous Peoples” stipulates that the identity of an indigenous person

may follow either patrilineal or maternal pedigrees. When an indigenous child is adopted by a

non-indigenous person or when an indigenous child is born out of wedlock, the child will

maintain his or her status as an indigenous person. Parents or legal representatives are not

allowed to give up the child’s indigenous identity on the child’s behalf regardless of the

willingness of the child.

97. The “Mongolian and Tibetan Identity Certificates Act” stipulates that Mongolians and

Tibetans in Taiwan can apply for identity certificates. When a Mongolian or a Tibetan is

married to a non-Mongolian or a non-Tibetan, is adopted or has reached the age of 20, that

person may apply to renounce his or her identity as a Mongolian or a Tibetan if he or she so

wishes. The change of identity will have no effect upon the Mongolian or Tibetan identity of

his or her direct relatives.

98. The government actively assists children in placement to reunite with their original families

and relatives, and to provide them information about the original families in accordance with

the wishes of the children. Related measures have been included in the “2015 evaluation of

placement institutions for children and youth.”

C. Freedom of Expression - Article 13

99. Children and youth have the full right to express their opinions (see Section D of Chapter 3)

and rights of association and assembly (see Section F of this chapter).

100. According to Constitutional Interpretation No. 364, the protection of the freedom of speech

described under Article 11 of the Constitution includes the expression of opinion via radio or

television. Although the ROC has not set up an appeal mechanism regarding the rights of

children and youth to express opinions via communications media, there is a mechanism

25

 handling appeals regarding broadcasting content, and “broadcasting content monitoring

reports” are published regularly. In addition, radio and television operators, in producing and

broadcasting programs targeted primarily at children and youth, are required to respect the

rights of children and youth to have access to programming and express their opinions.

Through regulatory oversight mechanisms, including the regular evaluation and renewal of

licenses, the government promotes the concept of respecting the opinions of children and

youth and advises operators to take those opinions into consideration when producing and

broadcasting programs.

101. The government subsidizes sponsorship of child and youth literature camps and literature

prizes as incentives to inspire literary creativity.

102. High schools should respect the independence of reporting and editing of student

publications. No content censorship is allowed, except for lawful screening.

D. Access to Appropriate Information - Article 17

103. In a 2011 white paper on the communications rights of children and youth, the National

Communications Commission (NCC) initiated such measures as “distinguished marks for

quality child and youth television programs and websites,” “specific classification of

television programs,” “(promotion of a) higher percentage of programs designed for children

and youth,” “the establishment of a regulatory and protection mechanism,” and “respect for

the views and opinions of children and youth.”

104. The NCC drafted a “policy framework and strategies regarding communications rights of

children and youth,” declaring those rights as follows:

(a) Protection from the influence of inappropriate content, freedom from being exploited for

political or business interests;

(b) Prevention of a child or youth’s privacy, reputation, information, and correspondence

from being interfered with or illegally infringed;

(c) Protection of their image when presented in the media or the right to decline to appear in

the media;

(d) Access to communication media and freedom of expression;

(e) Receipt of abundant high-quality information;

(f) Access to media literacy education.

26

 Encouraging and promoting information and materials beneficial to children and youth

105. Based on Articles 39 and 40 of the “Protection of Children and Youths Welfare and Rights

Act,” the government encourages the development of child and youth literature, audio/video

publications and programs and the introduction of quality international audio/video

publications for children and youth. It also rewards good quality publications, video, radio

and television programs, and game software, sponsors the selection of good quality

publications, and has established a children’s culture website that provides information on

award-winning books at home and abroad. The government also provides assistance in

organizing international children's film festivals, so as to broaden the cultural horizons of

children and youth.

106. The government has set up public libraries and libraries for high school, vocational school,

junior high school and elementary school students6. Mobile libraries have been set up in 13

counties and cities to provide more reading resources to children and youth in remote

regions. In addition, volunteers serve in libraries around the country to promote reading, and

the government provides illustrated children’s books to 100 public-private collaborative

resource centers for child care nationwide, encouraging parents to read with young children

under the age of 3.

Guidelines for proper development, protection of children and youth from the influence of

inappropriate information

107. Films and commercials: The “Regulations Governing the Classification of Motion Pictures

and Trailers and the Use of Advertisements and Promotional Materials for a Motion Picture”

classify films and commercials into five categories. Members of the “Film Classification

Screening Committee” include representatives of children and youth welfare and rights

groups. Movie theaters should require viewers to present proof of age. Children and youth

are not allowed to watch films rated “restricted” for their age groups. Parents and adults who

ignore such regulations and take children or youth to age-restricted films will face penalties.

108. Game software: The “Game Software Rating Management Regulations” classify game

software into 5 ratings categories. The government has promulgated the reference table of

ratings and set up a Game Software Rating Information website to provide comprehensive

6

As of 2015, the government had set up 534 public libraries and 169 affiliated service stations, providing all kinds of

publications (books, periodicals, newspapers, non-book materials, and digital materials) – 39,321,176 volumes in

total. A total of 86,042 seats are available. Taiwan’s 3,473 libraries at high schools, junior high schools, vocational

schools and elementary schools have a total of 272,078 seats and 66,597,143 publications of various kinds.

27

 information and to help related businesses regulate themselves. A Digital Game Rating

Committee was set up with the participation of scholars, representatives of civil groups and

game software developers to establish a communication platform. (See Paragraphs 43 and

286.)

109. Publications and videotaped programs: The “Videos and Publications Classification

Regulations” set guidelines for classifying publications and videotaped programs to help

businesses regulate themselves. Violators will face penalties.

110. Newspapers: Article 45 of the “Protection of Children and Youths Welfare and Rights Act”

stipulates that newspapers must not publish content harmful to the physical or mental health

of children and youth. Taking into consideration both the rights of children and youth and

the spirit of press freedom, newspaper associations should take the initiative to develop a

self-disciplinary mechanism. A review committee should be set up to handle petitions and

complaints from readers and hold meetings to review and deal with those situations. In cases

where the committee fails to respond within three months or disputes arise regarding the

committee’s decision, local authorities, representatives of related civil groups and specialists

will review the case together. Any violation of the “Protection of Children and Youths

Welfare and Rights Act” will be subject to a penalty.

111. Internet: Articles 46-1 and 94 of the “Protection of Children and Youths Welfare and Rights

Act” stipulate that spreading or transmitting content harmful to children or youth via the

internet or allowing children and youth to obtain or watch such content without taking

workable protective measures or conforming to the protective measures of internet platform

providers is prohibited. Violators will be fined or be ordered to close their businesses. Article

46 of the same Act establishes an “i-WIN Internet” content protection mechanism (the

Institute of Watch Internet Network) to address complaints regarding inappropriate internet

content. Complaint cases will be processed and referred to the relevant agencies.

112. Radio and Television: Article 21 of the “Radio and Television Act,” Article 27 of the

“Satellite Broadcasting Act,” and Article 35 of the “Cable Radio and Television Act”

stipulate that advertisements and program content must not be harmful to the physical and

mental health of children and youth. Article 26-1 of the “Radio and Television Act” and

Article 28 of the “Satellite Broadcasting Act” stipulate that television operators should

classify programs to be broadcast (See Paragraph 42). Any violation of the classification

regulations will be penalized in compliance with laws and regulations. Starting in 2012,

Taiwan Media Watch has been entrusted to select programs and award the “Schoolchildren’s

Program Mark” to selected programs. Selection results are announced every half year.

28

113. Because there are so many types of application software and classifying them can be

difficult, developers in many democratic countries have engaged in self-discipline or

introduced filtering or conditional-use software to supplement the inadequacies of the

classification system. Currently, digital distribution platforms such as App Store and Google

Play have their own classification systems.

Encouraging the media to attend to the language needs of minority and indigenous children

and youth

114. Hakka People: Article 12 of the “Hakka Basic Act” stipulates that television channels

dedicated to Hakka programming shall produce programs suitable for children and youth.

Related government agencies should sponsor summer camps focused on media for third to

sixth graders. In addition, the government has set up a Hakka language learning website.

115. Indigenous peoples: Article 12 of the “Indigenous Peoples Basic Law” and Article 29 of the

“Education Act for Indigenous Peoples” stipulate that television channels dedicated to

promoting indigenous languages and culture should produce language learning programs. In

addition, the government has set up an indigenous language learning website.

E. Freedom of Thought, Conscience and Religion - Article 14

Religion, thought, and conscience

116. Article 13 of the Constitution stipulates: “The people shall have freedom of religious belief.”

The government respects the freedom of religious belief of the people, which includes

freedom of religious belief and freedom of participation in religious activities among

children and youth.

117. When a local government is to arrange placement of a child or youth, it is required that a

proper agency will be arranged that respects the religious persuasion of the child or the

youth and his or her right to participate in religious activities. No child or youth should be

forced to participate in activities of any specific religion. This issue is part of the evaluation

of placement institutions.

118. Freedom of Thought: See Section D of Chapter 3 and Section C of this chapter. Freedom of

thought of students is included in human rights education in the school curriculum. In

addition, clause 2 of the “Reward and Punishment Provisions of High School Students”

stipulates that provisions for rewards and penalties in schools should be drafted in

compliance with the Constitution, the “International Covenant on Civil and Political

Rights,” the “International Covenant on Economic, Social and Cultural Rights,” and the

29

 “Educational Fundamental Act,” and that such provisions respect and protect the freedom of

speech and the rights of assembly, education, learning, physical autonomy and character

development of students.

F. Freedom of Association and Peaceful Assembly - Article 15

119. For related regulations in the Constitution, please see Paragraph 76. There is no age

restriction regarding participation in an assembly or parade, but the organizer of an assembly

or parade should be aged of 20 or above, according to the “Assembly and Parade Act.”

120. Article 53 of the “Senior High School Education Act” stipulates that a senior high school

should help students establish a self-governing organization and that representatives of the

organization are elected by all the students.

121. There is no age restriction regarding a laborer’s right to join a union stated in the “Labor

Union Act.” Child laborers are also entitled to join labor unions, and they also have the right

to vote. Based on provisions in the “Civil Code,” Article 19 of the “Labor Union Act”

stipulates that only members aged 20 or over can be elected as a director or supervisor of a

labor union. However, Article 7 of the “Regulations for Implementing Labor-Management

Meeting” stipulates that laborers aged 15 or over have the right to elect and be elected as a

representative of the labor side in a labor-management meeting.

G. Protection of Privacy - Article 16

122. According to Constitutional Interpretation No. 603, the right to privacy is guaranteed in

Article 22 of the Constitution.

123. Articles 18 and 195 of the “Civil Code” stipulate that when one’s privacy is infringed or is in

danger of being infringed, one may apply to the court to remove or prevent the infringement.

Any infringement of another person’s privacy can be subject to compensation claimed by the

victim, even if no material damage was incurred. Article 66 of the “Protection of Children

and Youths Welfare and Rights Act” stipulates that secrets or private matters learned through

one’s job should be kept confidential. Any violation of the “Personal Information Protection

Act” can be subject to criminal responsibility, compensation or administrative punishment.

124. Article 69 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

the media should refrain from reporting or recording the names or identities of children or

youth who are (a) under protection, (b) in emergency placement, (c) using narcotics or

controlled drugs, (d) involved in litigation concerning the parent-child relationship,

adoption, parental rights or guardianship, or (e) litigants or victims in criminal or juvenile

30

 delinquency cases. Local authorities are required to check on the media with regard to the

matter and to accept petitions and complaints from the public. If the complaints have merit,

the violations should be handled in accordance with the law. The protection of privacy of

children and youth should be taken into consideration when the authorities review the

operations of broadcasting and television companies before renewing their licenses7. In

addition, the authorities should join hands with civil groups in visiting schools and urging

teachers and students to participate in the supervision of printed media and to report on

violations.

125. It is stipulated in the “Child and Youth Sexual Exploitation Prevention Act,” the “Sexual

Assault Crime Prevention Act” and the “Domestic Violence Prevention Act” that the privacy

of abused children or youth should be protected, that they be given a proper medical

environment, that the investigation be confidential, and that the media shall not disclose the

person’s identity. Any violation will be punished by law.

126. According to the “Juvenile Delinquency Act,” “Directives for Media in Processing Reports

on Criminal Investigations by Prosecutors and the Police” and “Guidelines for Police

Authorities in Preventing and Handling Juvenile Delinquency,” no one is allowed to

publicize records, photos and information, including through the media, related to the name,

residence and school of the person concerned. Photo taking, interviewing or clipping

pictures from video monitors of the delinquent teenagers is not allowed. The police can set

up a “Juvenile Protection Room” for privacy protection. The “Juvenile Delinquency Act”

also includes regulations on expunging the criminal records of juveniles.

127. Court proceedings of cases concerning juveniles or family law shall be conducted in a

private court except when the law specifies otherwise. Judicial documents related to children

and juveniles will not be open to the public. If such documents are made public, information

regarding the identity of children or juveniles should be eliminated. Any violation will be

punished in accordance with the law.

7

In order to broaden civil participation and to accommodate more viewpoints, the government has set up “The

Consultation Conference for Radio and Television and Commercials.” Issues related to protection of children and

youth are to be included while reviewing the operations of a broadcasting business by the authorities before

renewing a license. The authorities will hold a “Symposium on Guidelines for Broadcasting Contents and

Exchanging Reviews of Production and Broadcasting” annually. Specialists, scholars, representatives of civil groups

and broadcasting operators will be invited to participate in the consultations, evaluation and license renewal

discussions as well as the symposium, to offer their views on issues related to the protection of children and youth.

In addition, to broaden civil participation in monitoring broadcasting content, the government has established “The

Broadcasting Content Complaints Website,” and, to inform the public on the monitoring efforts of the authorities,

the government regularly issues a “Broadcasting Content Monitoring Report.”

31

128. Article 17 of the “Student Guidance and Counseling Act” stipulates that personnel involved

in student counseling work are bound by the obligation of confidentiality. Article 22 of “The

Gender Equity Education Act” and Article 23 of the “Regulations on the Prevention of

Sexual Assault, Sexual Harassment and Sexual Bullying on Campus” stipulate that

information regarding incidents of sexual abuse on campus should be kept confidential. If a

student finds that the information has been revealed, he or she can file a complaint. Article

28 of “The Gender Equity Education Act” provides that the victim of a sexual assault or

sexual harassment on campus or his or her guardian may apply for an investigation of the

case.

129. Placement institutions for children and youth in need should follow regulations regarding the

protection of personal information and privacy. Surveillance cameras cannot be installed in

bedrooms, and advance notice is required for checking personal items. Children or youth in

placement may file a complaint to relevant authorities through proper channels if a privacy

violation has occurred.

130. Article 72 of the “Medical Care Act” stipulates that medical institutions and their staff are

not allowed to disclose information regarding a patient’s illness or health condition obtained

during the practice of medicine, unless there is proper reason. Guidelines regarding the

protection of privacy of children and youth are included in the training guidelines for

pediatric physicians. Regulations regarding the privacy protection of patients suffering

mental illnesses, AIDS, venereal disease, rare diseases, and Yu Cheng Disease (poisoning by

PCB), and their survivors are listed in the “Mental Health Act,” the “HIV Infection Control

and Patient Rights Protection Act,” “The Rare Disease and Orphan Drug Act” and “Yu

Cheng Patients Health Care Services Act.”

H. The Right Not to Be Subjected to Torture or Other Cruel, Inhuman or Degrading

Treatment or Punishment - Article 37 (a)

131. Article 63 of the “Criminal Code” stipulates that the death penalty or life imprisonment shall

not be imposed on an offender who is under the age of 18. In addition, Articles 126 and 286

provide rules on the punishment of a public official who has committed an act of violence or

cruelty to a prisoner and the punishment of a person who has maltreated a minor and caused

harm to the health and development of the minor. Article 78 of the “Juvenile Delinquency

Act” stipulates that juveniles cannot receive a sentence that deprives them of their citizen’s

rights or has them engage in enforced work.

32

 132. With reference to Section I, Chapter 5, parents and institutions are prohibited from imposing

inappropriate discipline upon children or youth.

133. Corporal punishment in school is banned as stipulated in the “Educational Fundamental

Act,” the “Teachers’ Act,” the “Act of Governing the Appointment of Educators,” and the

“Implementation of Performance Appraisals of Public School Teachers at the Elementary,

Middle, and High School Levels.” A principal or a teacher who has unlawfully punished

students or who has imposed inappropriate discipline upon students is subject to

punishment, as stated in the “Teachers’ Act.”

134. A child or youth forced to be hospitalized for treatment of a psychiatric problem should be

handled in accordance with regulations under the “Mental Health Act.” The medical

institution should assume full responsibility for protecting the rights of the patient. The child

or youth must not be abandoned, tortured, or put into an environment dangerous or harmful

to mentally-ill children and youth incapable of looking after themselves. A medical

institution must abide by the law and regulations if, for specific reasons, a patient is confined

to his or her living quarters or has his or her movement restricted8.

135. Parents or guardians can request the “Juvenile Counseling Committee” to coordinate with

the authorities concerned as well as welfare organizations in helping guide and improve the

behavior of juveniles inclined to delinquency. If similar cases are handled by the police, in

addition to legal procedures, the police should provide verbal guidance, and refer the case to

the “Juvenile Counseling Committee” if necessary.

136. No corporal punishment is allowed in juvenile correctional institutions. If a delinquent

juvenile is to be punished according to law, there should be individual counseling and the

parents must be informed.

8

There were four cases of children or youth forced to be hospitalized, with the approval of the authorities in 2012,

one case in 2013, five cases in 2014, and no such case in 2015.

33

34

CHAPTER 5 FAMILY ENVIRONMENT AND ALTERNATIVE CARE

A. Parental Guidance - Article 5

137. To comply with the “Family Education Act,” local governments have established “Family

Education Centers” to coordinate the efforts of schools and civil groups in sponsoring

educational programs on parental responsibilities and offering related courses. They also

provide related resources through public-private collaborative resources centers for child

care in community-basis. The central government has set up a national family education

counseling hotline and an online parenting platform to make information on parenting easily

accessible. For more on the implementation of these programs, refer to Attachment 5-1.

B. Parental Responsibilities - Article 18. 1-2

138. Articles 1084 and 1089 of the “Civil Code” stipulate that parents have the right and duty to

protect, educate and bring up their minor children and that parents shall jointly exercise

those rights and duties unless otherwise provided by law.

139. Articles 3 and 4 of the “Protection of Children and Youths Welfare and Rights Act” stipulate

that parents or guardians are responsible for the protection and education of children and

youth. They also require the government, public/private institutions and civil groups to assist

parents, guardians, or other people who take care of children and youth to care for and

promote the healthy physical and mental development of children and youth.

140. In response to Taiwan’s low birth rate, the Executive Yuan approved “Population Policy

White Paper” in 2008 and friendly child-rearing environment policies were initiated in 2013

and have been reviewed regularly since. In 2015, the Executive Yuan approved a “Family

Policy” that emphasized the family’s role in looking after children and youth, the integration

of resources, and the sharing of family responsibilities.

141. The government has initiated several measures to assist parents with child care, as follows:

(a) Welfare services for children: Early intervention services for developmentally delayed

children; child care services (family, institutional or community-based); community-

based care for children and youth from disadvantaged families; (emergency) living

assistance for disadvantaged children and youth; living assistance to families in hardship;

medical subsidies for children and youth; allowances for unemployed parents with

children under the age of 2; and child-care subsidy for employed parents with qualified

child care providers.

35

 (b) Educational support: Affordable after-school care is provided to children. Children from

low-income households, children with disabilities and indigenous children are given

priority to enroll in the programs and are exempt from paying related fees. Also, all 5-

year-old children can attend preschool free of charge, and children from disadvantaged

families will receive additional subsidies to cover other preschool expenses. Preschool

children from indigenous families aged 3 or over but under 5 are entitled to special

subsidies.

(c) Support for working parents: Unpaid parental leave; parental leave allowance; family

care leave; guaranteed breaks for breastfeeding for female workers; and shortened

working hours or flexible working hours. Employers are encouraged to set up

breastfeeding (breast milk collection) rooms, child care facilities or provide suitable child

care measures.

(d) Tax breaks: Article 17 of the “Income Tax Act” allows for a special tax deduction for

preschool children. Taxpayers who have children 5 years of age or younger can claim a

special tax deduction for each preschool child of NT$25,000 (US$791).

For details on the implementation of these measures, refer to Attachments 5-2 to 5-17. For

more on child care services and facilities, see Section D of Chapter 6.

C. Separation from Parents - Article 9

142. Articles 1055 and 1089-1 of the “Civil Code” stipulate that after a husband and wife effect a

divorce or the two have not lived together for more than six months, one parent or both

parents will exercise the rights or assume the duties in regard to the minor child by mutual

agreement. If there is no mutual agreement or the two parties fail to reach an agreement, the

court may decide on related matters based on the best interests of the child. Also, see

Paragraph 63.

143. Article 49 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

no one is allowed to do harmful things to children or youth. If the life, body or freedom of a

child or youth is in imminent danger or at risk, local authorities shall arrange emergency

placement for the child’s protection (for no more than 72 hours). If an extended period of

protection is needed, extensions of three months at a time can be requested. During the

placement period, the authorities are required to arrange regular parent-child meetings, and

parents or guardians may apply for permission to visit.

144. Article 14 of the “Domestic Violence Prevention Act” stipulates that as the court conducts a

trial related to a protection order, it may give a provisional ruling on exercising the rights or

36

 assuming the duties regarding a minor, and the court can decide on the time, location and

form of parent-child meetings.

145. Article 28 of the “Statute on the Establishment of Juvenile Detention Houses,” Article 44 of

the “Organic Statute of Reform Schools” and Article 73 of the “Act of the Establishment of

Juvenile Reformatory Schools and Enforcement of Education” entitle juvenile inmates and

reform school students to receive visits and correspondence from family and friends. Reform

institutions are required to help foreign juveniles in detention houses or reform schools who

want to get in touch with people on the outside by arranging meetings or correspondence

with diplomatic or consular personnel from the juvenile’s country.

146. Based on provisions in the “Prison Act” and “Detention Act,” female inmates may be

permitted to have their children live with them in the prison. Correctional institutions have

nursing rooms and may provide food, clothing and other necessities to the children when the

inmates are not able to prepare them by themselves. Physical examinations are arranged for

the children and medical care is provided as needed. In the meantime, the authorities can

help find foster families or make other arrangements.

147. If children or youth are not being protected or not being looked after properly because their

parents are having financial problems or do not have a permanent home, the government

will first try to help improve the child or youth’s living conditions so that they can grow up

in a stable home. If the parents refuse to accept arrangements to improve living conditions

and put the safety of a child or youth at risk, the authorities shall arrange emergency

protective measures or placement, as stipulated in Articles 56 and 57 of the “Protection of

Children and Youths Welfare and Rights Act.”

148. According to “Regulations for Type and Methods of the Temporary Injunction in Family

Non-litigation Matters,” the court may order parents not to take children from a designated

place or out of the country and can set rules on the time and form of meetings.

149. For procedures on handling children who have been separated from their parents because

they were given up for adoption, see Section G of this chapter.

D. Family Reunification - Article 10

150. Children and youth or parents who wish to enter the ROC for the purpose of family

reunification must submit an application to the Ministry of Foreign Affairs or the National

Immigration Agency. If a person wishes to leave the country for family reunification, he or

she may do so after completing the proper inspection procedures unless the person is under

travel restrictions.

37

151. In compliance with the spirit of international conventions on the rights of free movement

and family reunification, the government has drafted or revised regulations regarding the

forcible deportation of foreign nationals, including “Regulations Governing Forcible

Deportation of Foreigners,” “Regulations Governing Forcible Deportation for Nationals

without Household Registration in the Taiwan Area” and “Regulations Governing Forcible

Deportation of People from Mainland China and Hong Kong or Macau Residents.” Forcible

deportation (ordered exit, deportation) imposed on any foreign national in ROC territory

should be conducted in accordance with legal procedures. For a foreign national with a

resident permit (permanent residence, temporary residence) facing forcible deportation, the

case will be reviewed by a special committee consisting of impartial persons before the

order is executed.

152. Between 2011 and 2015, the government issued a total of 2,178 visitor and resident visas to

foreign minors who are the children of ROC nationals with household registration in Taiwan

to enable them to unite with their families. Such visas are known as “TC code” visas (refer

to Attachment 5-18).

E. Recovery of Maintenance for the Child - Article 27. 4

153. Under the “Civil Code,” parents have joint financial responsibility for raising their children.

In the event of a divorce, each parent should assume a financial responsibility commensurate

with his or her financial capability.

154. Article 63 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

local authorities can collect from the individuals responsible the expenses needed for the

upbringing of children or youth living with foster families or in foster institutions due to

neglect or abuse or a family crisis.

155. Under Article 14 of the “Domestic Violence Prevention Act,” if the court confirms the facts

of domestic violence and deems it necessary, it can issue an ordinary protection order after

the trial and order the opposite party to pay the expenses for the upbringing of the minor

child.

156. Article 28 of the “Child and Youth Sexual Exploitation Prevention Act” stipulates that if a

parent, adoptive parent or guardian has forced a child or youth to engage in sexual

intercourse or obscene acts in exchange for money or other things of value, the court can

select or re-select a guardian for the child or youth, and order the parent, adoptive parent,

guardian or others with parental obligations to pay for the child or youth’s upbringing.

38

157. Article 60 of the “Juvenile Delinquency Act” stipulates that the juvenile court may order the

juvenile or the guardian of the juvenile to bear part or all of the education expenses for

executing the “protective measures.”

F. Children Deprived of a Family Environment - Article 20

158. Under provisions of the “Protection of Children and Youths Welfare and Rights Act,” if

children and youth can no longer live a normal life in their family environment because of a

family crisis, their parents or guardians can apply to the authorities for placement or

assistance. In the case of child abuse, the government steps in and takes action to protect the

child. Priority for placement will be given to the kinship family, then a foster family, and

finally a placement institution. If a youth’s period of placement has concluded but that

young person cannot return home, is not capable of supporting himself or herself, or is still

in school, the government provides assistance to help the individual develop the ability to

live independently.

159. Arranging protective placement or declaring the suspension of parental rights are the court’s

responsibility.

160. See Section B of Chapter 3 and Section J of this Chapter for more on regulations on

institutional care and the regular review of the situations of children and youth in out-of-

home care. See Section G of this Chapter for more on adoption procedures.

161. For statistics on children and youth living in institutional care, foster care, and long-term

placement, children and youth with nobody to care for them, and independent living

programs for youth, refer to Attachments 5-19 to 5-23. For figures on kinship care, refer to

Attachment 5-36.

G. Adoption - Article 21

General adoption

162. The “Civil Code” requires adoptions to be effected in writing and petitioned for a court’s

approval, and it prohibits the court from approving an adoption if there are reasons for which

it should be ruled void or annulled or if it violates other laws. Minors under the age of 7

must have a statutory agent declare their intention to be adopted or accept a declaration of

intention to adopt on their behalf when they are to be adopted. Minors aged 7 or over must

have their statutory agent agree to the adoption.

163. In addition to provisions in the “Civil Code,” Articles 16 and 17 of the “Protection of

Children and Youths Welfare and Rights Act” stipulate that parents or guardians unable to

39

 take responsibility for their children can have licensed adoption agencies look for

appropriate adopters. These service providers are required to conduct interviews and any

necessary investigations and submit their assessments to the court for reference (except

when it involves an adoption by a step family or certain relatives). In principle, priority is

given to an adoptive family within the country. There are currently nine licensed adoption

agencies (with 13 service outlets) in Taiwan.

164. Before the court approves the adoption of a child or youth, it may order a family matter

investigation officer, the authorities concerned, or children and youth welfare organizations

to conduct interviews and submit reports and proposals related to the adoption. The court

can also order the adopted child to live with the adoptive parent for a certain period, or order

the adoptive parent to receive education on parenting and parental responsibilities and accept

a psychiatric evaluation and testing for drug or alcohol use. Regardless of the whether the

court approves or denies the adoption, local authorities should be informed of the court

decision to be able to make the necessary visits or take other measures.

165. Article 1080 of the “Civil Code” states that a petition must be filed with the court to

terminate an adoption if the adoptive child is a minor. If the adopted child is under the age of

7, the termination of the adoptive relationship is to be declared on behalf of the child and

agreed to by the person who will be the child’s statutory agent after the adoption is

terminated. If the adopted child is 7 years of age or above, the child can petition for

termination of the adoptive relationship, but it shall still be subject to the consent of the

child’s statutory agent after the adoption is terminated. However, the adoptive parents or the

adoptive child, the authorities concerned or a stakeholder can file a petition with the court to

have the adoption terminated based on sound legal reasons.

Inter-country adoption

166. Article 21 of the “Permit and Management Regulations for Children and Youth Adoption

Service Providers” stipulates that when an adoption agency processes an inter-country

adoption, it must present a certificate proving that the agency has sought to give priority to

domestic adoption. A “Child and Youth Adoption Services Information System” has been

developed that enables adoption agencies to share information on children and youth put up

for adoption, improving the odds of adoptions occurring within the country and reducing

waiting times.

40

 167. When the court approves an adoption involving people from foreign countries or China,

Hong Kong or Macau, it must consider the same issues as detailed in Paragraph 164 and also

consult Article 54 of the “Act Governing the Choice of Law in Civil Matters Involving

Foreign Elements9.”

168. The procedures, screening standards, services and protection of interests and rights in inter-

country adoptions are the same as for domestic adoptions, in line with provisions in the

“Protection of Children and Youths Welfare and Rights Act” and “Permit and Management

Regulations for Children and Youth Adoption Service Providers.”

169. Article 9 of the “Permit and Management Regulations for Children and Youth Adoption

Service Providers” requires an adoption agency applying for a license to handle inter-

country adoption services to submit documents proving that its foreign counterpart is

licensed in its country. In cases of inter-country adoption, related documents are to be

reviewed by the central government agencies concerned to ensure that it complies with the

regulations of the related countries. There are currently six adoption agencies approved to

handle inter-country adoptions, and they cooperate with over 30 counterpart agencies and

organizations in 11 countries.

170. Article 19 of the “Permit and Management Regulations for Children and Youth Adoption

Service Providers” establishes maximum fees for specific services. Monitoring of the fees

charged and their purposes has been strengthened through regular inspections to prevent

adoption agencies from overcharging or collecting fees based on false pretexts.

171. For statistics on adoption, refer to Attachments 5-24 to 5-27.

H. Illicit Transfer and Non-return - Article 11

172. Articles 241 and 242 of the “Criminal Code” stipulate that anyone who abducts a person

under the age of 20 from that person’s family or the person responsible for his or her

supervision will be punished. More severe punishment will be imposed if the abducted

person is transferred abroad. Attempts to commit such a crime will also be punished. For

statistics on the number of cases prosecuted and convictions obtained under Articles 241 and

242, refer to Attachments 5-28 and 5-29.

9 The establishment and termination of adoption must comply with laws of the country of the adopters and the

adoptees. Regulations regarding the legal validity of the adoption or termination of the adoption must comply with

the domestic law of the adoptive parents’ home country.

41

Measures to search for missing children or youth taken away by parents or relatives

without official permission

173. The government has put in place “Procedures to Help Search for Missing Children or Youth

Taken Away by Parents (or Relatives) without Official Permission.” Refer to Attachment 5-

30. It has also set up a one-stop contact point to accept reports of such missing cases,

provide related counseling services, track progress in a case and coordinate resources and

services. If a case is under the jurisdiction of a ROC court and involves a country (area) with

a mutual legal assistance agreement with the ROC, the authorities shall investigate the case

and search for evidence in compliance with the agreement. If the case involves a country

that does not have a mutual legal assistance agreement with the ROC, it will be handled

based on the reciprocity principle. For cases not under the jurisdiction of the ROC, overseas

representative offices will help with the search and make any visits necessary to understand

the child or youth’s situation. Refer to Attachments 5-31 and 5-32 for more information on

the implementation of this policy.

174. Under “Guidelines on Searches for Missing Persons,” relatives of a missing child or youth

who has been taken away by his or her parents or other relatives can report the case to the

authorities, and police departments nationwide will search for the missing person. Refer to

Attachment 5-33 for statistics on missing children or youth taken away by parents or

relatives.

175. People controlling the ROC’s borders are required to follow the guidelines below in cases

involving children or youth being taken away by parents or relatives without official

permission:

(a) Immigration agencies shall prohibit the exit of the child or youth based on a court order

“prohibiting a related person with his or her minors from leaving a designated place or

leaving the country.”

(b) After a police agency receives a report that a child or youth has been taken away from

home without official permission and confirms that the child or youth has not left the

country, it shall inform immigration agencies and have them keep a record.

I. Abuse and Neglect, including Physical and Psychological Recovery and Social

Reintegration - Articles 19, 39

Protective measures

176. Based on provisions in Articles 49, 51 and 56 of the “Protection of Children and Youths

Welfare and Rights Act,” no one is allowed to engage in such improper conduct as

42

 abandoning or physically or mentally abusing children or youth, including using children or

youth to perform dangerous activities, beg or commit a crime, or putting children or youth

with disabilities or unusual physical traits on display. It is also prohibited to deny children

and youth the opportunity to receive compulsory education, force them to get married or get

them to commit suicide. Anyone violating the law and regulations will be punished.

177. The authorities have set up a 24-hour “113” toll-free counseling hotline offering child and

youth protection services and a mandatory reporting mechanism on child and youth

protection. Article 53 of the “Protection of Children and Youths Welfare and Rights Act”

stipulates that medical personnel, social workers, educators and people involved in child

welfare should report cases of abuse or neglect of children or youth to the authorities within

24 hours of learning about them. Statistics on the number and types of cases reported can be

found in Attachment 5-34.

178. Upon receiving a report of child abuse or neglect, local authorities are first required to assess

the safety of the children or youth involved. They then decide whether to arrange emergency

placement or work out a safety plan with family members who are willing to participate and

protect the affected child or youth. In addition, the government has developed the Structured

Decision-making Model to conduct child and youth safety and risk assessments and track

them to gauge their validity. Statistics on children and youth who have been abused and put

in protective placement can be found in Attachments 5-35 to 5-37.

179. Article 64 of the “Protection of Children and Youths Welfare and Rights Act” requires that

local authorities devise family treatment plans for children or youth under protection within

3 months of admission that include assessments of family functions and the safety and

placement of a child or youth, counseling, psychotherapy, and addiction treatment. The

parents who committed child abuse are also required to undergo four to 50 hours of

compulsory parenting education to improve their parenting skills and enhance the family’s

role of protecting and caring for children or youth.

180. For children or youth who witness or are victims of domestic violence, local authorities can

petition the court to request protective placement or have it declare partial or complete

termination of parental rights or guardianship or termination of adoption.

181. Local governments have set up domestic violence and sexual assault prevention centers to

assist children or youth in need of help. The central government is responsible for

coordinating efforts by judicial, health care, police, social services and education agencies to

set up an integrated service system to keep victims of sexual assault from having to repeat

their statements and improve the interrogation and examination skills of specialists. A

43

 protective placement mechanism has also been initiated that provides counseling, legal

assistance and services related to placement, in compliance with provisions in the

“Protection of Children and Youths Welfare and Rights Act.”

182. In 2010, the government initiated a plan to set up a task force on preventing serious cases of

child or youth abuse that will be responsible for overseeing inter-agency review committees

set up by local authorities, examining reporting and treatment procedures for serious child or

youth abuse cases, analyzing risk factors and making proposals for improvement.

Preventive measures

183. To promote the “Implementation Plan for Caring for and Counseling High-risk Children and

Youth,” the government works with district office officials, public health nurses, educators,

day care staff, policemen, employment service center staff, and medical personnel to identify

high-risk families facing serious problems, such as unemployment, poverty, a family

member in prison, drug or alcohol addiction, mental illness or marital issues. When such

families are identified, the authorities step in with preventive services to reinforce the

functions of the families. Details on the policy’s implementation can be found in Attachment

5-38.

184. Under the “Active Care Program for Disadvantaged Children Aged 6 or Under,” the

government identifies high-risk families by checking several indicators: a child’s birth was

not registered by the parents; failure to get vaccinations within the prescribed time; cases of

school-age children not attending school; families not enrolled in the national health

insurance program for over a year; families receiving financial assistance from the

government; parents in correctional facilities; and young parents under the age of 18. When

a high-risk family is identified and children or youth need protection, the authorities

concerned report the case to a social affairs department to visit the family and provide

counseling services. Details on the policy’s implementation can be found in Attachment 5-

39.

185. Through “Children and Youth Community Care Service Programs for Disadvantaged

Families,” families in which the main income earners are unemployed are considered

eligible for guidance and counseling and receive supportive services from their local

communities.

44

See Section D of Chapter 4 and Section A of Chapter 7 regarding the harm to children and

youth caused by violence in the media or on the internet and injuries caused by corporal

punishment or bullying in school. See Section C of Chapter 8 regarding other forms of

exploitation.

J. Periodic Review of Placement - Article 25

186. Articles 56 and 57 of the “Protection of Children and Youths Welfare and Rights Act”

stipulate that children who are maltreated and face imminent danger or risk to their life,

body or personal freedom be put in protective placement for up to 72 hours by local

authorities. If an assessment of the situation indicates that an extension of placement is

needed, the local authorities concerned should petition the court for an extension of up to

three months at a time. Article 65 of the Act requires the authorities concerned to come up

with a long-term treatment plan for children or youth who have been in placement for more

than two years and either cannot return home or whose family situations are found lacking.

Regular assessments for out-of-home placement include emergency placement assessments,

assessments of petitioning the court for continuous placement every three months, and

assessments of a long-term treatment plan after a two-year placement.

187. See Paragraphs 78 and 83 for information on respecting the freedom of opinion of children

and youth in making placement decisions, during the time of placement, and after the

conclusion of the placement.

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46

CHAPTER 6 BASIC HEALTH AND WELFARE

A. Survival and Development - Article 6.2

188. See Section C of Chapter 3, Section I of Chapter 5, and Sections C and E of this chapter

regarding the right of existence. See Chapter 4 and Chapter 7 regarding development rights.

189. Strategies to lower mortality rates of newborn babies, infants, and children include measures

to: ensure that a child enjoys a full and healthy life through a life course approach; prevent

deaths due to congenital anomalies; lower the death rate of premature babies; prevent

perinatal infection; set restrictions on the number of artificial embryo implantations; and

lower the risks of accidents and injuries and sudden death syndrome of infants. For children

aged 7 or under, the authorities concerned provide free preventive health services and health

education, and conduct environmental inspections regarding home safety.

190. To promote immunization of children and youth, a special fund called the “National Vaccine

Fund” has been established in compliance with Article 27 of the “Communicable Disease

Control Act” to coordinate the procurement of vaccines, map out policies regarding

vaccination, and implement those policies. Vaccine-preventable diseases are mostly under

control and have even been eliminated in some cases.

191. Public health and welfare and educational authorities work together to prevent suicide by:

promoting awareness of child and youth mental health through the mass media; setting up a

24-hour hotline to provide psychological counseling service free of charge; and monitoring

reports of the four leading print media and internet information. Suicide prevention

strategies are devised based on analyses of suicide reports and death statistics. If

inappropriate content that violates the “Protection of Children and Youths Welfare and

Rights Act,” such as a lurid suicide, appears in the media, the case shall be reported to the “i-

WIN” internet content protection mechanism to protect the mental health of children and

youth. Article 6 of the “Student Guidance and Counseling Act” stipulates that schools at all

levels provide three types of counseling – developmental guidance, intervention counseling

and remedial counseling – based on students’ physical and mental condition and needs.

192. May 15 is Child Safety Day. The authorities have promoted the “Implementation Plan for

Child and Youth Safety” by coordinating the efforts of government agencies in carrying out

strategies to improve the safety of individuals, homes, transportation facilities, campuses,

recreational facilities, waters, workplaces, the internet and other areas. A revision of the

“Protection of Children and Youths Welfare and Rights Act” promulgated in 2011 laid out

47

 measures to ensure the safety of children and youth and prevent accidents and injuries, and a

special committee to prevent accidents and injuries was set up in 2012. The committee

convenes coordination meetings every six months to better integrate the resources of the

central and local governments.

193. In recent years, the leading causes of accidental deaths among children and youth in Taiwan

were traffic accidents, drowning and falls. Refer to Attachment 6-1 for details. The

authorities have taken the following preventive measures:

(a) Sponsored traffic safety campaigns; drafted transportation regulations targeted at child

safety; strengthened enforcement of child safety in vehicles, such as requiring safety

seats for children in automobiles, and forbid children aged 6 or under from being left

alone in an automobile.

(b) Reinforced management and inspection of swimming pools and other water recreation

facilities and set up warning signs on river banks where drowning accidents have

repeatedly occurred to prevent such accidents from happening again.

(c) Made the publicizing of measures to prevent children from falling a key indicator in local

government evaluations of the management of apartment or commercial buildings.

B. Disabled Children - Article 23

194. Article 10 of the “Additional Articles of the Constitution” stipulates: “The State shall

guarantee insurance, medical care, obstacle-free environments, education and training,

vocational guidance, and support and assistance in everyday life for physically and mentally

challenged persons, and shall also assist them to attain independence and to develop.”

Assessment of status

195. In 2012, a new system for assessing disabilities and evaluating the needs of people with

disabilities was adopted. People with disabilities were classified into eight categories based

on impairments of body functions. Physicians and specialists take into account a disabled

person’s physical functions, participation in activities and his and her environment to

evaluate whether the individual’s disability affects his or her living requirements, and a

disability certification card is issued accordingly in compliance with regulations. Refer to

Attachment 6-2 for statistics related to children with disabilities.

48

Support, assistance and measures for development

196. The government has put in place “Implementation Measures for Plans to Assist the Disabled

with Personal Development and Career Transitions” and “Implementation Plans for Career

Transition Services for the Disabled” that cover medical, educational, employment and

home care services for people with disabilities. The measures also establish a coordination

mechanism of related agencies among agencies at all levels of government and provide for

continuous lifetime career services.

197. Individuals with disability identification / certification cards only pay co-payments of

NT$50 for medical care. Under a “Pilot Plan of Special Dental Care Services” initiated in

2002, physically and mentally challenged individuals and children with developmental delay

are provided with special dental care services. The national health insurance system covers

the cost of a professional teeth cleaning every three months for children with disabilities

under the age of 12, instead of every six months as is the case for ordinary citizens. Under a

“Pilot Plan to Provide Children with Cerebral Palsy Traditional Chinese Medicine

Outpatient Services” launched in 2006, children aged 12 or under with cerebral palsy can

receive traditional Chinese medicine treatment, and the plan also strengthens the ability of

caregivers to provide home care to such children.

198. A “Special Education Act” has been enacted to: regulate venues for different stages of

education; coordinate medical resources in providing rehabilitation, training and treatment

based on assessments by professionals; reduce or waive tuition and fees for students with

disabilities according to the level of the disability; and provide free bus services or subsidies

to students unable to travel between their home and school by themselves. In addition,

according to “Establishment and Management Regulations for After-School Care Classes,”

children with physical or mental disabilities have priority for admission to public after-

school care classes, and are exempt from paying tuition and fees. Refer to Attachment 6-3

for more on the schooling of children and youth with physical or mental disabilities. Based

on the “Networking Plan in Support of Special Education in Juvenile Correctional

Institutions,” juvenile correctional institutions coordinate special education resources for

juveniles under placement who need special education, then report to the authorities

concerned if necessary, forward the cases to related agencies or apply for professional

counseling services. “Regulations on Changes in Academic Status or Return to School of

Children or Youth Receiving Counseling while in Placement or Reformatory Education”

were implemented at the end of 2013. From 2014 to the present, 10 physically or mentally

49

 challenged children and youth in correctional institutions have made successful transitions

back to regular schools.

199. Article 10 of the “Regulations on Transition Guidance and Services for Students with

Disabilities of All Levels of Education” stipulates that high schools with vocational classes

and the secondary school departments of special education schools shall conduct vocational

capability assessments of students with disabilities in their first year. To prepare students

with disabilities for the job market, schools are to cooperate with labor affairs agencies to

reinforce vocational training, develop students’ job skills and provide them with

opportunities for internships in workplaces two years before these students are scheduled to

graduate. In addition, the government has set up an “Advisory and Service Center for the

Transition to the Job Market” to help students find employment after graduation. In

compliance with the “People with Disabilities Rights Protection Act,” the government has

sponsored special vocational training classes for people with disabilities, and different levels

of courses are offered free of charge to people with different physical and psychological

conditions and learning barriers. Adopting a specialized training approach, the classes are

conducted with the assistance of specialists and specialized teaching aids. Statistics on

individuals aged between 15 and 18 receiving vocational training or attending special

vocational training classes can be found in Attachment 6-4. The central government

subsidizes local governments to set up service windows for people with disabilities and

assign administrators to handle cases regarding vocational training for the disabled in order

to assist people with disabilities find employment through effective networking and usage of

resources.

200. To ensure the economic security of people with disabilities, subsidies are provided monthly

based on each individual’s impairment level and economic situation. For people with

disabilities settled in institutions, the expenses of day care or residential care are subsidized,

and for those certified as requiring assistive devices, the costs of the devices are also

subsidized. The government also subsidizes the national health premiums of people with

disabilities depending on each individual’s condition. Statistics on subsidies, beneficiaries

and the number of disabled children or youth in welfare institutions can be found in

Attachments 6-5 to 6-8.

201. Article 51 of the “People with Disabilities Rights Protection Act” and the “Regulations on

Home-based Care for the Disabled” stipulate that the government provide various services

based on assessment of needs, including offering family members training and practice,

arranging home visits, and providing other services to enhance the capabilities of family

50

 caregivers and improve their quality of life. Refer to Attachment 6-9 for the results of these

initiatives.

202. Services related to recreation and culture:

(a) Providing Fu-Kang buses (catering to people in wheelchairs) to improve mobility;

implementing the “Implementation Measures regarding Preferential Treatment for the

Disabled on Domestic Public Transportation” and the “Guidelines for the Establishment

of Barrier-free Facilities in Public Transport Services;” advising arts and cultural

establishments to install paths, seats, and toilets catering to people with disabilities; and

offering them discounted fares or admission.

(b) Implementing the “Guidelines for Developing Barrier-free Websites;” drafting

implementation measures regarding the testing standards, formulation, frequency, and

certification of barrier-free websites; and developing software for monitoring and testing

barrier-free websites.

(c) Subsidizing projects run by civil groups to adapt and produce quality publications for

people with disabilities in compliance with the “Guidelines for the Promotion of

Literature and Cultural Activities.”

(d) Providing barrier-free environments at museums and offering children and youth with

disabilities special guided tours.

203. Refer to Attachment 1-3 for more on international cooperation.

C. Health and Health Services - Article 24

204. Article 157 of the Constitution and Article 10 of the “Additional Articles of the

Constitution” stipulate that the State shall implement health care and universal health

insurance. Article 4 of the “Protection of Children and Youths Welfare and Rights Act”

requires that the government provide services and adopt measures to help children and youth

who need protection, assistance, guidance, treatment, early intervention or rehabilitation of

physical or mental disabilities. The “National Health Insurance Act” requires the

government to provide children and youth health insurance to protect their right to medical

care.

Prenatal and postpartum care

205. Articles 7 to 11 of the “Genetic Health Act” stipulate that the authorities should provide

fertility regulation services and guidance; progestational, prenatal, perinatal and postnatal

health care services and guidance; and health services for infants and small children. The

51

 articles also require the government to regulate the use of contraceptive devices and drugs,

induced abortion, and ligation. Articles 33, 33-1 and 50 of the “Protection of Children and

Youths Welfare and Rights Act” stipulate that pregnant women be given priority when using

public transportation or getting medical care. In addition, no one, including the pregnant

woman herself, is allowed to engage in behavior harmful to prenatal development. The

revised “Tobacco Hazards Prevention Act” promulgated in 2009 includes pregnant women

in the categories of those forbidden to smoke.

206. Based on the provisions of Article 7 of the “Genetic Health Act,” pregnant women are given

access to 10 prenatal examinations, one ultrasound examination, and one Group B

Streptococcus screening (GBS) free of charge. Refer to Attachment 6-10 for statistics on

utilization rates of prenatal examinations.

207. The government started to implement programs offering prenatal health care guidance and

services to pregnant women in 2014. Assessments and health education regarding important

health issues during pregnancy are provided during the first trimester and third trimester of

pregnancy. Also provided are guidance on preventing premature delivery and assessments of

premature delivery risk while conducting prenatal examinations.

208. Pregnant women considered to be at high risk for genetic abnormalities are provided with

subsidies of up to NT$5,000 per person for prenatal diagnoses; for low-income households

and families in remote areas where genetic health-related medical services are lacking,

subsidies of up to NT$8,500 are provided for each diagnosis. Refer to Attachment 6-11 for

figures on utilization of subsidies for genetic screening expenses.

209. The authorities have set up a toll-free hotline and website regarding prenatal and postpartum

care and have developed an App to help women manage pregnancy information and remind

mothers of prenatal check-ups.

Providing children and youth the necessary medical assistance and health care, with an

emphasis on primary health care

210. In order to provide pregnant and postpartum women with information on health care,

prevention of infectious diseases and immunization of infants, the health authorities issues a

“Maternal Health Handbook” to expectant mothers, which serves as a reference for

pregnancy care, and a “Children’s Health Handbook” to parents, which serves as a reference

for routine childhood immunization schedule and a tool for keeping immunization records.

National immunization coverage rates for children can be found in Attachment 6-12.

52

211. Based on the provisions of Article 7 of the “Genetic Health Act,” the government has

strengthened health care for newborn babies, provided hearing screening services, and

subsidized the cost of screening for metabolic and other inherited disorders. For those

identified as having metabolic and other inherited disorders, health authorities provide

follow-up treatment and counseling services. Attachments 6-13 and 6-14 describe the

implementation of these policies in past years. In addition, medical institutions with

pediatrics or family medicine divisions can receive government subsidies for providing

children aged 7 or under seven preventive health care checkups. Refer to Attachment 6-15

for utilization rates of these services.

212. Early intervention for children having developmental delay:

(a) Dozens of early intervention treatments, including rehabilitation check-ups,

physiotherapy, occupational therapy, language therapy, psychosocial rehabilitation, and

psychological treatment are covered by the national health insurance program.

(b) The government has introduced “Improved National Health Insurance Payments for

Early Intervention Outpatient Services” to provide family function assessments and

counseling services along with referrals to social welfare and educational resources to

families with children with delayed development under the aged 6 or under.

(c) High-quality traditional Chinese medicine outpatient services available. See Paragraph 197.

(d) Assistance is given to city and county governments to establish “joint assessment centers

for child development” in one to four local hospitals in an area based on the number of

children aged 6 or under in the area and its population, land area and medical resources.

Up to now, 47 of these joint assessment centers have been set up. A plan to improve the

quality of service of these joint assessment centers has been initiated.

(e) According to the “Implementation Plan regarding Subsidies for Expenses of Early

Intervention Treatment of Developmental Delay Children,” each child with

developmental delay can receive a monthly subsidy between NT$3,000 and NT$5,000

for medical treatment and transportation, depending on the condition of the child. Refer

to Attachment 5-2 for more on subsidies provided in past years.

213. The central government provides subsidies to local governments to promote eye sight

screening services for 4- and 5-year-old children. Education on the myopia prevention to

caregivers of preschool and elementary school children; the eye sight screening rate for 4-

and 5-year-old children; the rate of diagnosis of children with suspected vision problems;

and care for groups at high risk of myopia are all key indicators used in the performance

53

 evaluations of related local authorities. Information on the implementation of this program

over the years can be found in Attachment 6-16.

214. The government subsidizes the cost of a professional teeth cleaning with fluoride once every

six months for children under 6, and the cost of the same service once every three months

for children under the age of 12 from low-income households, with disabilities, or who live

in remote areas, on outlying islands, or in aboriginal areas.

215. Based on the “School Health Act” and the “Regulations on Implementing Student Health

Checkups,” schools across educational levels are required to offer courses on health; set up

health centers with nursing staff; hold periodic medical checkups for students; provide

guidance in preventing, treating and tracking diseases; assist students with vaccinations upon

enrollment; adopt disease prevention and monitoring measures; and improve care and

services to students with disabilities or suffering from serious illnesses, injuries, or rare

diseases. Students in the first, fourth and seventh grades are provided with subsidies for

medical checkups. Smoking is banned and selling commodities deemed harmful to an

individual’s physical or mental health is not allowed in elementary, junior and senior high

schools. Also, when a youth at a juvenile correctional facility is ill, he or she can receive

medical care at the institution, be allowed to get outpatient treatment accompanied by a

guardian, or be granted medical parole. Youth in juvenile correctional facilities have been

covered by the national health insurance program since 2013.

216. The government subsidizes the medical expenses of households in aboriginal areas and

outlying islands, of low-income and low-to-middle income households and of people with

disabilities, in compliance with existing laws and regulations. In addition, children and

youth of Tibetan families in Taiwan are provided with medical care in accordance with the

“Taiwan Resident Tibetan Care Program.”

Eliminating diseases and malnutrition

217. Four children’s hospitals of a “medical center” standard were set up in 2014, and they have

put in place pediatric care indicators and team-based incentive programs for treating children

with serious illnesses. The number of pediatricians increased from 1,754 in 2003 to 3,895 in

2014. On average, there were 8.71 pediatricians for every 10,000 children in 2014, as

compared to 3.28 pediatricians for every 10,000 children in 2003, an increase of 166%.

Between 2013 and 2015, the annual recruitment rate of resident pediatricians averaged 89%,

and it reached 100% in 2015.

218. Vaccination policies have been carried out. See Paragraphs 190 and 210.

54

219. Efforts are being made to provide adequate nutrition. See Paragraphs 221 and 222.

220. Regarding a clean water supply, the “Water Supply Act” and the “Drinking Water

Management Act” stipulate that water supply companies and environmental protection

authorities should jointly guarantee the quality of drinking water. Also, 113 “water quality

and quantity protection zones” have been created to ensure the quality of drinking water.

Publicizing and applying knowledge on the health and nutritional benefits of breastfeeding,

environmental hygiene, and safety measures to prevent accidents and injuries

221. The government is pushing for passage of legislation to promote nutrition and a healthy diet

among the country’s citizens (the draft “Population Nutrition Act”). The proposed legislation

would establish nutrition-related targets, policies and strategies based on the “Rome

Declaration on Nutrition” and the accompanying “Framework for Action.” It would also

require government agencies and schools to sponsor courses on a healthy diet and provide

food and beverages catering to the nutritional needs of children and youth. There are already

several laws that provide for the safety of food consumed by children, including the “Act

Governing Food Safety and Sanitation,” “Regulations Governing the Management of Infant

and Follow-up Formula Advertising and Sales Promotion,” and “Regulations Governing

(the) Advertisement and Promotion of Food Products Not Suitable for Long-term

Consumption by Children.”

222. The government has promoted certification of “baby-friendly hospitals” since 2001. By

2015, there were 182 certified baby-friendly hospitals, and 80.7% of newborn babies were

delivered in these hospitals. In 2015, 45.4% of babies less than 6 months old in Taiwan were

purely breastfed, close to the World Health Organization’s 2025 target of 50%. The

government promulgated the “Public Breastfeeding Act” in 2010 to provide a friendly

environment for breastfeeding. In addition, working women with a baby less than a year old

are entitled to two 30-minute breaks per day specifically for breastfeeding, as provided by

the “Act of Gender Equality in Employment.”

223. The government amended the “Tobacco Hazards Prevention Act” in 2009 to prohibit the

supply of tobacco products to people under the age of 18, and children or youth who smoke

are given smoking cessation education.

224. Because preschool and school children are considered high risk groups for and high-

transmission groups of influenza and enterovirus infections, the government reinforces the

propagation of prevention and treatment knowledge through multiple health education

55

 channels, and provides publicly funded flu vaccinations to preschool children and school

children. Environmental education platforms, such as e-school and e-library, have also been

set up online to cover issues related to environmental hygiene.

225. A study published in June 2016 by the National Health Research Institutes indicates that

students at the Syucuo Branch of Ciaotou Elementary School in Yunlin County may be at

risk of developing liver disease because of exposure to pollutants. To protect the students’

physical and mental health, the Ministry of Education instructed the Yunlin County

government to relocate the students as soon as possible. But parents of the students insisted

that their children continue to attend school at the Syucuo Branch. After several rounds of

negotiations, however, an agreement was reached to have Ciaotou Elementary School

arrange to make available six classrooms for these students. Students of Syucuo Branch

started to attend school at Ciaotou Elementary School on Sept. 5, 2016, and the Ministry of

Education is providing support and assistance to ease the transition.

226. Other safety measures have been adopted to prevent accidents and injuries. See Paragraph 192.

Plans and guidance on the development of parenting and family education

227. The government provides subsidies to sponsor activities that promote gender equality and

related issues and coordinates the efforts of communities and schools to sponsor lectures on

sexual health in schools. It has also set up a website for youth (http://young.hpa.gov.tw/) to

offer adolescent sexual health education and be used as an online forum for interaction. In

addition, 71 teenager-friendly outpatients have been set up in cities and counties to provide

services and counseling related to sexual health, child-bearing and birth control10.

228. Fertility regulation services and guidance are provided. See Paragraph 205. Also, a person or

his or her spouse or child/children with a mental disorder or genetic disease, who have been

issued a disability identification card or are categorized as part of a low-income household,

may apply to local authorities for subsidies to cover the cost of fertility regulation services.

Reviewing traditional customs that may cause harm to the health of children and youth

229. A review of traditional fertility and child-bearing customs among Taiwan’s ethnic groups

found that none of the customs cause harm to the health of newborn babies or children.

International cooperation

230. Information on international cooperation can be found in Attachment 1-3.

10

Among the 71 clinics, 26 in 13 cities and counties provide counseling and other services related to induced

abortion.

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 D. Social Security and Child Care Services and Facilities - Articles 26, 18.3

Social security measures

231. Social insurance is at the core of the Republic of China’s social security system and is

complemented by social allowance. Social assistance is the last line of defense.

232. The national health insurance program is the primary form of social insurance. For detailed

information on health insurance coverage of children and youth, refer to Attachment 6-17.

Child laborers aged 15 and above are insured11 under the labor insurance program as

required by Article 6 of the “Labor Insurance Act,” and they are entitled to a wide range of

benefits. Children aged 3 or under receive subsidies covering partial expenses of

hospitalization or outpatient treatment, as per the “Medical Subsidy Regulations for Children

and Youth,” and insurance premiums for children of low-to-middle income families are

subsidized. Minors who are survivors of a person insured under the national pension

program are entitled to surviving family pension payments. The number of children and

youth receiving national pension payments as surviving family members and the total

amount of the payments can be found in Attachment 6-18.

233. For more on child care allowances, see Paragraph 141 and Attachments 5-2 to 5-17. A parent

(or parents) who is (are) not working and looking after a child under the age of 2 at home is

eligible to receive a monthly child care allowance ranging from NT$2,500 to NT$5,000,

while employed parents, requesting child care providers or infant centers to care for

children, can receive a monthly subsidy ranging from NT$2,000 to NT$5,000. A family that

needs support to care for children due to financial hardship or a family crisis can receive

emergency assistance of NT$3,000 per month for each child. In case of a family crisis, such

as domestic violence, a pregnancy out of wedlock, a divorce, the death of spouse, or a family

member put in jail, the government provides emergency assistance, living allowances for

children, medical subsidies in case of injuries or sickness, subsidies for child care, and

educational expenses, as detailed in the “Act of Assistance for Family in Hardship.” Local

governments provide subsidies to junior high schools and elementary schools to provide free

lunches to students from poor families.

234. Under the “Public Assistance Act,” the government provides low-income households

continuous support that includes subsidies for national health insurance premiums, raising

children, their children’s school fees, and medical care. Depending on a household’s actual

11

According to statistics compiled by the Bureau of Labor Insurance, as of the end of 2015, the number of laborers

under the age of 18 covered by the labor insurance system totaled 34,073.

57

 needs and the local government’s financial capacity, the local government shall provide

nutrition subsidies to women who have just given birth and their babies, child care subsidies,

subsidies for free lunches for students, maternity subsidies, hospital care subsidies, and

household subsidies. A local government can use its own resources or mobilize resources

from private organizations to provide material support to people in need. Statistics on

children and youth of low-income and low-to-middle income households can be found in

Attachment 6-19.

Measures to provide child care services to employed parents

235. The government began implementing integrated child care policies in 2012.

The Ministry of Health and Welfare is authorized to carry out policies that provide child care

services for children aged 2 or under. The services, listed in the “Protection of Children and

Youths Welfare and Rights Act,” include:

(a) Family child care services; “Registration and Management Regulations for Family Child

Care Services Agencies” were put in place to reinforce supervision and elevate the

quality of child care services.

(b) Child care by licensed institutions; these services are regulated according to the

“Standards for Establishing Children and Youth Welfare Institutes,” “Regulations for

Governing Qualifications and Training of Professional Personnel of Children and Youth

Welfare Institutes” and “Regulations for the Establishment and Permission of Private

Children and Youth Welfare Institutes.” Local governments supervise the establishment

of private infant centers and promote the establishment of public-privately collaborative

resource centers for child care that care for children under the age of 2. Since 2012, local

governments have been given guidance on regulating the establishment of public-

privately collaborative resource centers for child care. Because of these many initiatives,

families with children up to 3 years old now enjoy convenient access to child care

resources and parental education. More on the implementation of these services can be

found in Attachment 6-20.

The Ministry of Education is in charge of policies regarding early childhood education

for children aged between 2 and 5. The “Early Childhood Education and Care Act”

covers the management of kindergartens and related guidelines to ensure the quality of

early childhood education. Refer to Attachment 6-21 for the number of children enrolled.

236. The “Establishment and Management Regulations for After-School Care Classes” requires

schools to provide after-school care services and help with school assignments to elementary

58

 school children. Students with physical or mental disabilities or from indigenous or low-

income households are given free access to these services. Statistics on related services can

be found in Attachments 5-11 and 5-12.

237. Employers are encouraged to provide child care services to employees. Article 23 of the

“Act of Gender Equality in Employment” requires employers with a certain number of

employees to set up child care facilities or provide suitable child care measures. The Act was

amended in 2016 to require employers with 100 or more employees to provide child care

facilities or suitable child care measures, down from employers with 250 employees

previously12.

(a) For employers who set up child care facilities individually or jointly for employees, the

government will provide up to NT$2 million in subsidies for newly constructed facilities

and for child care facilities already in operation, the government will provide a subsidy

of up to NT$500,000 per year. For employers who provide child care allowances to

employees for them to send their children to outside child care institutions, the

government provides subsidies of up to NT$600,000 a year. (Refer to Attachment 6-22.)

(b) The government sponsors activities to publicize and provide guidance on child care

service concepts, including establishing the website (http://childcare.mol.gov.tw/) to

provide information on companies’ child care services and breastfeeding (breast milk

collection) rooms and producing related publications. For employers who fail to provide

child care services, the government investigates the situation and then offers guidance

and makes proposals regarding the establishment of such services.

E. Standard of Living - Article 27. 1-3

238. The responsibilities of parents to raise their children are mentioned in Section B of Chapter

5. The obligations of parents to bear the costs of raising their children are mentioned in

Section E of Chapter 5.

239. According to Section D of this chapter, every child is entitled to an adequate standard of

living to support their physical, mental, spiritual, moral and social development, and the

government offers economic assistance to disadvantaged families. Under the provisions of

12

According to “Gender Equality in Employment Survey Reports” conducted in 2015, the number of business

establishments with more than 4 employees totaled 256,382, and the number of employees in these businesses

totaled 6,517,270. The number of businesses with more than 250 employees totaled 2,823, and the employees hired

by them accounted for 37.46% of the nation’s employed population. In 2015, 81.5% of the businesses with more

than 250 employees had either set up child care facilities or provided related measures, as compared with a ratio of

45.2% in 2002 when the “Act of Gender Equality in Employment” was first enforced.

59

the “Housing Act” and the “Housing Subsidy Resources Implementation Plan,” several

groups of people can apply for rental subsidies and interest subsidies for mortgages.

Families with children; people under the age of 25 who have no place to go after completing

a period of placement or leaving their adoption families; victims of domestic violence or

sexual assault and their children; families encountering extraordinary hardship; single-parent

families; and three-generation families are given priority when it comes to rental subsidies

or preferential interest rates on mortgages. Statistics on households receiving interest

subsidies for mortgages and rental subsidies can be found in Attachment 6-23.

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 CHAPTER 7 EDUCATION, LEISURE AND CULTURAL ACTIVITIES

A. Education, including Vocational Training and Guidance - Article 28

Guaranteeing equal opportunity to receive an education

240. Articles 21 and 159 to 161 of the Constitution stipulate that the people shall have the right

and duty of receiving citizens’ education; that all citizens shall have equal opportunity to

receive an education; that children between the ages of 6 and 12 shall receive free primary

education; that students from poor families shall be supplied with books by the government;

and that all levels of governments shall extensively establish scholarships to assist students

of good scholastic standing and exemplary conduct who lack the means to continue their

school education.

241. The “Primary and Junior High School Act” stipulates that citizens between the ages of 6 and

15 shall receive compulsory education that is free and does not require an entrance exam. In

the past five years, school attendance rates have averaged around 98%, and the nation’s

literacy rate in 2015 was 98.6%. Parents also have the right under the “Enforcement Act for

Non-school-Based Experimental Education across Education Levels below Senior High

School” to apply to the authorities concerned for home-schooling their children themselves.

Statistics on participation in non-school-based experimental education; the number of formal

employed teachers and the student-teacher ratio in primary and junior high schools; the

number of full-time and part-time substitute teachers in primary and junior high school; and

average enrollment rates at different levels of education can be found in Attachments 7-1 to 7-4.

242. The government has initiated an “Innovative Development Program for Education in

Remote Areas” to devote more attention and adequate resources to education in remote areas

and improve the learning outcomes of students in those regions.

243. Children of foreign nationals residing in Taiwan can enroll in schools in Taiwan. Overseas

Chinese students13 are offered opportunities to study in Taiwan every year under

“Regulations Regarding Study and Counseling Assistance for Overseas Chinese Students in

Taiwan.”

13

The term “overseas Chinese student” refers to a student of Chinese/Taiwanese descent who has come to Taiwan to

study, who was born and lived overseas until the present time, or who has been living overseas for six or more

consecutive years in the immediate past and obtained permanent or long-term residency status overseas. For those

applying to study in the departments of medicine, dentistry, or Chinese medicine at universities, a minimum of

eight consecutive years of overseas residency is required.

61

 244. In terms of education for children and youth with disabilities, the government provides

suitable teaching methods and teaching aids to visually impaired and hearing impaired

students. See also Paragraphs 54 and 198. The government has also put in place

“Regulations on Transition Guidance and Services for Students with Disabilities of All

Levels of Education” to help students with special needs achieve such transitional goals as

living independently, adapting to society, going to school and making it into higher grades,

and finding employment.

245. Under provisions of the “Act of School Fundraising to Support the Education of Financially

Disadvantaged Students,” schools can open “Education Savings Accounts” for the purpose

of collecting money and using it to assist financially disadvantaged students.

Extending citizens’ education to cover preschoolers

246. The government began to implement a “Free Tuition Education Plan for Five-year-old

Preschoolers” in the 2011 school year14 to guarantee the right of young children to receive

an education and to raise the enrollment rate of 5-year-old preschoolers. Refer to Attachment

7-5 for related information.

Developing different types of high school education, adopting appropriate assistance

measures for schooling

247. The “Senior High School Education Act” provides that admission to senior high school be

mainly exam-free and senior high education be mainly tuition-free depending on certain

requirements. Students from households with an annual income under NT$1.14 million are

exempt from paying tuition if they are enrolled in a vocational school and pay the same

tuition as for a public school if they attend a private high school. The government intends to

institute free high school education for all vocational high school students and for senior

high students from households with an annual income below NT$1.48 million. Refer to

Attachment 7-6 for figures on tuitions at senior high schools.

248. Article 35 of the “Senior High School Education Act” stipulates that educational authorities

shall publicize diversified entrance programs and career development avenues to help

students develop self-awareness and pursue self-exploration. Junior high school students

receive guidance on senior high school education.

14

A “school year” in Taiwan is made up of two semesters and begins in August and ends in July the next year. For

instance, the 2011 school year began in August 2011 and ended in July 2012.

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249. Upon graduation, junior high school students can continue their education in two categories

of schools: (1) senior high schools, including regular senior high schools with a core

curriculum; skilled-based high schools, where the curriculum consists primarily of

professional subjects and practicum; comprehensive high schools, which offer a core

curriculum as well as professional subjects and practicum; and “specialty-based” high

schools, which have a core curriculum centered around a specific subject or field: and (2)

junior colleges, which are dedicated to developing highly skilled professional people and

help prepare students for employment through a curriculum featuring specific fields of

applied science or technology.

250. The “Regulations Regarding Student Loans to Students of Senior High School and Higher

Levels” and the “Implementation Guidelines Regarding Student Loans to Students of Senior

High School and Higher Levels” stipulate that the repayment period for a student loan

begins one year after graduation. Those who have difficulty repaying the loan can apply to

postpone the repayments or to extend the repayment period. Refer to Attachment 7-7 for

statistics on student loans.

Making higher education accessible to all children on the basis of their abilities

251. Senior high school students are given career planning guidance through various self-

exploration activities to help them make suitable choices in pursuing their development and

learn more about ways to get into universities, university departments or employment

opportunities if the person decides not to continue to college. A multi-channel university

admission plan was implemented in 2012, creating multiple channels of access to a

university education. In the 2015 school year, the rate of university acceptance through

examinations was 95.58%.

252. See Paragraph 250 for information on student loans.

Encouraging regular school attendance and lowering dropout rates

253. Based on “Measures Regarding a Mandatory Reporting System of Dropouts from

Elementary and Junior High Schools and Guidance for Them to Return to School,” the

government coordinates the efforts of education, interior, police, and social agencies to take

steps on the notification of and search for dropouts and on guiding them to return to school.

Refer to Attachment 7-8 for statistics on dropouts from elementary and junior high schools

and dropout rate, and Attachment 7-9 for statistics on senior high school students

discontinuing schooling rate.

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254. The government has mapped out principles for the K-12 Education Administration under the

Ministry of Education to subsidize local government efforts to prevent and track dropouts

and provide guidance to help dropouts return to school. The measures provide for:

subsidizing local authorities to issue regular reports on guiding dropouts to return to school

and monitoring their progress: integrating community resources; recruiting retired teachers

and volunteers to carry out mentoring/tutoring programs for dropouts; and sponsoring

alternative education and courses on dropout prevention and flexible guidance approaches.

255. The government has learned from advanced countries’ approaches to alternative education,

and educational authorities and the social welfare system have cooperated in planning the

implementation of schools for social development. The measures taken in this area are

divided into “educational guidance” and “living support,” with education authorities

responsible for the curriculum and teaching, and social affairs authorities responsible for

caring for and guiding the lives of potential dropouts.

Preventing bullying in schools

256. The government has mapped out “Guidelines for Preventing Bullying in Schools” and an

“Implementation Plan for Preventing Bullying at All Levels of Schools,” with an emphasis

on promoting education related to the rule of law, human rights, ethics, and the value of life,

adopting supplementary measures, and establishing multiple channels for reporting bullying

cases and multiple channels for seeking help. Refer to Attachment 7-10 for statistics on

school bullying.

Ensuring that school discipline is administered in a manner consistent with children and

youth’s human dignity and in conformity with the Convention

257. Students are protected from any form of corporal punishment. See Paragraph 133.

258. The “Primary and Junior High Education Act” and the “Senior High School Education Act”

stipulate that the local authorities concerned and senior high schools shall devise regulations

on appropriate rewards and punishments for students, and the regulations drafted will be

reviewed by experts and scholars to ensure compliance with the Constitution. See Paragraph

118.

259. To protect the right of students to receive an education, the “Regulations Regarding Student

Registration Data Management of Senior High Schools” does not include any provisions for

expelling students. Article 19 of the “Student Guidance and Counseling Act” stipulates that

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 schools shall provide comprehensive and continuous transition guidance services and ensure

that such guidance services are continued for students at each stage of their education.

260. Options available to children or youth whose right to education is violated:

(a) If the rights and interests of a child in preschool are violated, the child’s parents or

guardian may raise objections or file a complaint with the authorities concerned.

(b) If a student in primary or junior high school believes the way he or she has been

disciplined has violated the law or regulations or has infringed on his or her rights and

interests, the child’s legal representative shall petition the school in writing.

(c) Senior high schools shall set up a “student grievance review committee” to review

complaints from students or student organizations on the impact of punishments or other

measures imposed by the school on students’ rights and interests.

Enabling all children and youth to have access to educational and vocational information

and guidance

261. See Section C (a) of Chapter 8 for details on cooperative education.

262. The “Grade 1-9 Curriculum Guidelines” list career development education as an important

issue. Subjects related to self-exploration, career awareness and choices of development are

incorporated into the curriculum as well as school activities to help students understand their

individual interests and capabilities. The “Technical and Vocational Education Act” requires

primary schools and junior high schools to provide classes that help youth explore career

options and offer career guidance; arrange visits to companies; and provide job skill

education to ninth graders to give students greater opportunity to explore different

professions.

263. Refer to Attachment 7-11 for training programs meeting the requirements of youth at various

stages of development. For youth in school, the government has instituted an “Industry-

Academia Training Cooperation Program” and a “Dual System of Vocational Training

Project in Taiwan” to integrate vocational training into the education system to help students

acquire skills needed by the industrial sector. For youth who have left school and want to

enter the workforce, the government is promoting a “Youth’s Employment Ultimate Plan”

and a “Mentoring Training Project” to equip youth with vocational knowledge and skills

needed in the workplace through apprenticeships.

264. The government has mobilized the resources of the Ministry of Labor, local governments

and non-profit civic organizations in promoting the “Youth On Light Project,” which seeks

out junior high school graduates who have not continued their studies or are not employed

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 and helps them return to school, find employment, or attend vocational training programs.

Refer to Attachment 7-12 for more on the implementation of this program.

265. The government has set up the employment website Taiwan Jobs

(https://www.taiwanjobs.gov.tw) and a website offering youth vocational training resources

(http://ttms.etraining.gov.tw/eYVTR/) to provide training or job information to youth

interested in finding employment. Public employment service agencies also provide services

that give youth direction on the kind of job they want to pursue, enhance their skills and

their interest in finding work, and help them find suitable employment.

International cooperation and exchanges

266. Refer to Attachment 1-3. The government introduced a “Plan to Promote International

Education at Primary and Junior High Schools” to nurture the global vision of primary and

junior high school students. Under the plan, internationally oriented courses and

international exchange activities are used to help students understand, respect and appreciate

different cultures, gain exposure to international and global issues, and acquire cross-cultural

knowledge and communication skills. Statistics of teachers and students participating in

international exchange programs can be found in Attachment 7-13.

B. Aims of Education - Article 29

Aims of education specified in the Constitution

267. Article 158 of the Constitution specifies that education and culture shall aim at the

development among citizens of a national spirit, the spirit of self-government, national

morality, good physiques, scientific knowledge, and the ability to earn a living. Accordingly,

the “Educational Fundamental Act” defines the purpose of education as cultivating citizens

with sound personalities, democratic literacy, an idea of the rule of law, a sense of humanity,

patriotic education, concern for their native land, information technology literacy, strong

physiques, and the ability to think critically and creatively. It also defines the goal of

education as promoting citizens’ respect for human rights, environmental awareness, and an

understanding of and concern for different countries, ethnic groups, genders, religions, and

cultures, and making them modern citizens with a national consciousness and international

perspective.

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Comprehensive development of personality, talent, and spiritual and physical potential

268. The “Early Childhood Education and Care Act” requires preschool education and care

services to cooperate with families and communities in implementing early childhood

education and care, so as to help children maintain their physical and mental health, develop

good habits, enrich their life experiences, reinforce their sense of ethics, nurture their social

skills, expand their aesthetic experiences, develop creative thinking, construct a cultural

identity, and show concern for the environment.

269. According to the “Grade 1-9 Curriculum Guidelines,” the curriculum for citizens’ education

shall encompass three aspects – individual development, society and culture, and the natural

environment. It shall also cover seven areas of study – language, health and physical

education, social science, arts and the humanities, mathematics, natural science and living

technology, and integrated activities. Another seven important topics – gender equality,

environmental education, information technology education, home economics education,

human rights education, career development education, and marine science education – shall

also be included in the curriculum.

270. The “General Principles of the Outline for General High School Curriculum” state that the

design of the general high school curriculum shall be linked to the Grade 1-9 curriculum and

the general education university curriculum with the goal of enhancing students’ physical

and mental health and their study of aesthetics and morality based on an equal emphasis on

moral, intellectual, physical, social and aesthetic education.

271. To enforce normalized teaching and to strengthen faculty in all disciplines, the government

has developed an “Implementation Plan for Inspection of Normalized Teaching in Junior

High Schools.” Junior high schools that fail to arrange courses in accordance with the

expertise of teachers or have not abided by class schedules will be punished. In addition,

educational authorities shall sponsor advanced courses for teachers, including courses on

second areas of specialization and teaching demonstrations, to promote effective teaching

methods and multiple evaluation approaches and improve the overall quality of education.

272. The authorities have set up a data bank containing evaluations of students’ learning

outcomes to help regularly analyze and track trends in the development of students’

academic abilities. Meanwhile, access to educational resources on outlying islands and in

remote areas has improved and the gap in learning opportunities between various parts of the

country has narrowed through the implementation of the “Plan for Remedial Teaching in

Primary and Junior High Schools” and the “Priority Region Education Plan.”

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273. The government provides subsidies to schools to offer multi-lingual and multi-cultural

courses and sponsoring international day events, so as to help children and youth recognize,

respect and appreciate the cultures and values of new immigrants in Taiwan, the Hakka

people and indigenous people.

274. The government provides support for the education of overseas compatriots and organizes

study programs or tours that provide overseas youth access to opportunities to learn about

the culture, languages and values of their parents or grandparents at home or abroad.

275. The government has mapped out a medium-term plan for human rights and citizens’

education, established the Committee for Human Rights Education under the Ministry of

Education, and initiated the establishment of an online human rights education counseling

resources center. Human rights topics are included in the Grade 1-9 curriculum. Educational

authorities have also sponsored human rights seminars and events to promote human rights

and citizens’ education.

C. Leisure, Recreation and Cultural Activities - Article 31

Measures related to leisure, recreation and cultural activities for children and youth on

campuses

276. According to the “Standards for Essential Facilities and Equipment of Preschools and

Branches,” “Standards for Facilities of Primary and Junior High Schools,” “Standards for

Facilities of General High Schools” and the “Arts Education Act,” schools shall provide

children and youth a proper environment for art, recreation and leisure activities that

includes different kinds of teaching equipment. Among the measures adopted to achieve

this:

(a) The government provides subsidies to all levels of schools to improve school facilities,

and recreational and sports equipment.

(b) Schools at all levels try to facilitate arts education, beautify campus environments, use

campus space flexibly and efficiently, and take architectural aesthetics into account in

building new facilities.

(c) To meet the needs of special education courses and students, schools are required to

create barrier-free educational environments and provide accessible teaching equipment

and educational assistive devices.

(d) To encourage students to get into the habit of exercising regularly, schools hold

diversified sports activities in addition to regular physical education courses.

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277. To give children and youth sufficient leisure time, the “General Guidelines for the

Implementation of Normalized Teaching in Primary and Junior High Schools” state that

after-school tutoring sessions should be finished before 5:30 p.m. and shall not be held on

weekends and national holidays. The guidelines also mandate that educational and cultural

learning programs sponsored by schools during winter and summer vacations be held on

weekday mornings. In principle, students can freely participate in all of the above-mentioned

after-school courses and programs.

Measures related to off-campus leisure, recreation and cultural activities for children and youth

278. Article 33 of the “Protection of Children and Youths Welfare and Rights Act,” which was

added in 2014, stipulates that public utilities, privately operated public facilities, and

privately run businesses, including transportation facilities, cultural establishments, scenic

areas, and recreational establishments, shall provide children age-based preferential

treatment.

279. Governments at all levels should sponsor events suitable for children and youth, including

concerts, children’s plays, book fairs, cartoon or illustration exhibitions, parent-children

reading sessions, and art education courses. They should also sponsor tours of arts groups

and mobile museums to remote areas to narrow the cultural gap between cities and rural

areas and set up recreational centers for children and youth.

Playground equipment and toy safety

280. The government has carried out an “Implementation Plan for Child and Youth Safety” and

holds “Child and Youth Injury Prevention Coordination Meetings” regularly. See Paragraph

192.

281. The government has set “Standards for Facilities of Primary and Junior High Schools” and

“Standards for Facilities of General High Schools” to regulate the installation of playground

equipment. Because safety is the top priority, the design, materials, location and spaces of all

equipment shall comply with the safety standards. Regular and special inspections of

equipment and activity venues are required, and any piece of equipment or venue found to

be subpar shall be sealed off. Warning signs shall be posted and the equipment or venue

refurbished or eliminated as soon as possible.

282. The authorities concerned should conduct regular safety inspections and re-inspections, on-

site inspections and investigations of violations of mechanical amusement facilities, in

compliance with the “Building Act” and the “Regulations for Inspection and Management of

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 Mechanical Amusement Facilities.” Besides, the government has also established “Design

Directions for Disable Facility of Building,” and the government is now drafting rules on the

design of accessible mechanical amusement facilities to include in the Directions. The new

rules are expected to be promulgated by the end of 2016.

283. Non-mechanical recreational facilities are regulated by the “Guidelines for Safety

Management of Children’s Recreational Facilities Attached to Business Establishments.”

Designs of children’s recreational facilities and barrier-free equipment at business

establishments must comply with national standards, related regulations and comparable

international standards, and managers are to be specifically assigned to ensure the safety of

the recreational facilities. The businesses are also required to arrange courses and training

for employees to enhance their safety knowledge and skills.

284. Toys and other high-risk children’s products that are announced to be subject to mandatory

inspection in accordance with the “Commodity Inspection Act” shall comply with relevant

inspection standards, complete inspection procedures and bear commodity inspection mark

before they can be marketed or imported. For those products placed on the market, market

surveillance projects are also implemented in accordance with the same Act so as to ensure

protection of children’s safety.

285. The government has developed guidelines for the prevention and inspection of enteroviruses

that focus on the interiors of public venues frequently visited by children to prevent the

spread of the disease. The guidelines stress correct hand-washing steps, equipment and

environmental disinfection, and the promotion of education on good hygiene. The concerned

authorities are also to provide assistance in helping clean and disinfect areas around

children’s recreational facilities.

Regulating game software, electronic game arcades, and radio and television media

286. The following measures are enforced to regulate game software (see Paragraph 108):

(a) Keeping the domestic legal environment up to date with developments in the game

software industry, guiding businesses to abide by the law and regulations, publicizing

proper digital game concepts and game software ratings, and enhancing the professional

knowledge of law enforcement officers.

(b) Establishing a website for game software rating information (www.gamerating.org.tw)

and providing a mechanism for the public to report cases of irregularities.

287. It is stipulated in the “Electronic Game Arcade Business Regulation Act” that general-rate

electronic game arcade business should prohibit persons under the age of 15 from entering

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or staying during school hours and after 10 p.m.; restricted-rate electronic game arcade

business should prohibit the entry of anybody under 18 years of age. Radio and television

media and the internet shall follow the regulations to avoid causing harm to the physical or

mental health of children and youth. For related details, see Paragraphs 40 to 42 and

Paragraphs 107 to 113.

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72

CHAPTER 8 SPECIAL PROTECTION MEASURES

A. Children in Situations of Emergency

(a) Refugee Children - Article 22

288. A draft “Refugee Act” has been submitted to the Legislative Yuan in 2016 for review.

Related individual cases will be referred to non-governmental organizations.

289. See Paragraphs 57 and 89 for more on services to non-national children and youth who are

not able to obtain legal resident status.

290. Refer to Attachments 1-3 for details on international assistance.

(b) Children in Armed Conflicts - Articles 38, 39

291. Children and youth and students of military schools are prohibited from participating in

combat under the “Act of Military Service System.”

B. Children in Conflict with the Law

(a) The Administration of Juvenile Justice - Article 40

Preventing children and youth from committing criminal offenses

292. A “Program to Prevent Children and Juveniles from Committing Criminal Offenses” has

been in place since 1979 and has three levels of preventive measures – “general prevention”

(involving protection, education and counseling), “special prevention” (counseling for

deviant tendencies, prevention and prohibition of deviant behavior, and referrals, placement

and counseling for children and youth in special situations), and “recidivism prevention”

(probation, correctional treatment, and rehabilitation protection). These measures harness

central government, local government and private sector resources to impart crime

prevention knowledge to children and youth through household visits, broadcast media and

promotional activities and provide assistance and counseling to young lawbreakers to help

them develop proper attitudes and behavior.

293. The government’s “Summer Vacation Youth Protection Project” sponsors activities

combining education on the law, physical training, and academic learning and gets involved

searching missing ones and inspection and elimination of potential juvenile crime hot spots.

294. See Paragraphs 326 to 328 for information on measures to prevent children and youth from

using drugs.

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 295. Article 52 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

if parents, guardians or others are unable to correct the serious deviant behavior of the

children and youth they are looking after despite their best efforts, they can apply for

assistance from the authorities concerned to help, counsel or arrange placement for the

children or youth. Refer to Attachment 8-1 for statistics on placement of children and youth

in institutions.

Establishing a juvenile justice system targeting the positive and physical and psychological

rehabilitation

296. To ensure the sound growth of juveniles, improve the environments in which they grow up

and strengthen their character, the government enacted a “Juvenile Delinquency Act” to deal

with juvenile15 criminal cases. Once they complete an investigation, juvenile courts shall

decide on reprimand measures according to the seriousness of the criminal behavior and the

specific situation. In principle, the juvenile courts shall give priority to applying protective

measures; criminal punishment shall be meted out in exceptional cases only.

297. Under the “Juvenile Delinquency Act,” cases involving children and juveniles aged 7 or over

but under 18 who have violated criminal laws are dealt with, in principle, by applying rules

for juvenile delinquent protection. Only in special cases, in which a juvenile aged 14 or over

has committed a serious crime subject to a minimum prison sentence of five years; or in

which a juvenile has reached 20 years of age when a case against him or her is being heard

in the juvenile court; or under special circumstances in which a juvenile court judge

considers it necessary, will a juvenile criminal case be transferred to prosecutors and be

prosecuted in accordance with criminal prosecution procedures. There is also a judicial

intervention system for status offenders aged 12 and above. (Refer to Attachments 8-2 and

8-3 for statistics on child and juvenile criminal offenders and status offenders).

Constitutional Interpretation No. 664 has found that detaining a juvenile status offender who

regularly misses school or runs away from home violates the principle of proportionality

under the Constitution and violates the moral rights of the juveniles. The authorities

concerned are conducting an overall review to streamline the types of activities considered

to be status offenses.

15

It is stipulated in the “Juvenile Delinquency Act” that juveniles are legally defined as being aged 12 or above but

under 18; however, children aged 7 or above but under 12, who have committed criminal offense conducts, are also

subject to the “Juvenile Delinquency Act.”

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298. Article 24 of the “Juvenile Delinquency Act” stipulates that regulations regarding witnesses,

identification, interpreters, inspections, evidence preservation, searches and detentions in the

“Code of Criminal Procedure” can be applied as long as they do not violate the nature of

juvenile protection. Article 70 of the “Juvenile Delinquency Act” stipulates that in the

process of an investigation and trial, some articles of the “Code of Criminal Procedure” can

also be applied, including Article 154 (the presumption of innocence and the need for the

facts of an offense to be established by evidence); Article 156 (confessions cannot be

obtained by improper means); Article 95 (the accused must be informed of his or her rights

and should not make a statement against his or her own will); and Article 99 (gives the

accused the right to an interpreter). Sections of the “Juvenile Delinquency Act” that can be

applied are Articles 31 and 32 (covering the right to a defender); Article 71 (bars pre-trial

detentions in principle), Article 72 (requires that interrogations be conducted separately),

and Article 73 (provides for private hearings).

(a) Presuming innocence: Under the “Code of Criminal Procedure,” an accused is presumed

to be innocent prior to a final conviction, and this is also applied to juvenile legal cases.

(b) Informing the accused of the offense charged and providing proper assistance in

mounting a defense: The “Juvenile Delinquency Act” states that in during an

investigation and trial of a juvenile criminal case, the accused shall be informed of the

criminal offense (in the case of a status offender, the grounds for the criminal charge),

and the right to select a defender. During an investigation, the court may summon the

juvenile accused and his or her statutory agent or a person who currently protects the

juvenile, and inform the defender of the date, time and place of the interrogation. The

accused juvenile can select a defender or have one appointed for him or her. In the

process of trial, the juvenile’s statutory agent and defender and person who currently

protects the juvenile should be given opportunities to make statements. The accused

juvenile can apply for legal aid, in line with provisions in the “Legal Aid Act.”

(c) Children and juveniles must not be compelled to testify or to make a confession. See

Paragraph 33. Article 95 of the “Code of Criminal Procedure” stipulates that an accused

shall be informed that he or she may remain silent and does not have to make a statement

against his or her own will. Articles 181 and 186 of the same Act stipulate that a witness

may refuse to testify for fear that his or her statement could lead him or her to face

criminal prosecution or punishment, and witnesses should be informed by the court or

the prosecutor of their right to remain silent. Related regulations in the “Code of

Criminal Procedure” shall also apply to children and juveniles.

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 (d) Filing an appeal with a higher judicial institution: If a litigant in a juvenile delinquent

protection case disagrees with the rulings by a juvenile court, he or she may file an

interlocutory appeal or apply for a trial de novo. If a litigant in a juvenile criminal case

disagrees with the verdict, he or she may resort to judicial relief procedures, such as an

appeal, a new trial, an extraordinary appeal, or an interlocutory appeal.

(e) Interpreter services: If a juvenile is hearing and speech impaired, or not conversant with

the language, he or she may use an interpreter, and the interrogation can be conducted in

writing. A contract interpreter system was established in 2006, and there have been 276

contract interpreters able to provide services in 19 languages since the service was

launched. The State pays for the interpreter’s expenses.

(f) Legal aid: Under Article 5 of the “Legal Aid Act,” a juvenile defendant with any one of

the following conditions who has yet to select a defender may apply for legal aid:

 his or her charge carries a minimum sentence of at least three years in prison, or is in

a first trial being adjudicated by the high court;

 he or she possesses the status of indigenous peoples; or

 he or she is unable to make full statements due to damage or impairments of the

nervous system or of his psychological or mental functions.

(g) Respecting the privacy of children and juveniles during a court process: Investigation of

juvenile protection cases, and justice process, shall not be public. The trial of juvenile

criminal cases may be made in private. Article 83 of the “Juvenile Delinquency Act”

prohibits disclosing to the media or making public information, records or photos related

to a case involving a juvenile. Article 83-1 stipulates that the juvenile court shall notify

the institution responsible for safeguarding the juvenile’s criminal records and relevant

data to remove such data. Any violation shall be punished by the authorities concerned.

299. The Taiwan Kaohsiung Juvenile Court was established in 1999. With the implementation of

the “Juvenile and Family Court Organization Act,” the juvenile court was renamed Taiwan

Kaohsiung Juvenile and Family Court in 2012. In areas without juvenile court, district courts

have juvenile divisions to handle juvenile cases.

300. Juvenile correctional facilities can be classified into three categories – juvenile detention

houses, juvenile reform schools, and juvenile correctional schools. Juvenile detention houses

are for juveniles under investigation or awaiting trial; reform schools accommodate

juveniles deemed by the court to require reformatory education; correctional schools

generally accommodate juveniles who have been given prison sentences or a period of

detention ordered by the court and are required to receive reformatory education.

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Transfer of judicial Cases – multiple dispositions depending on situation of individual case

and legal offense

301. Article 29 of the “Juvenile Delinquency Act” stipulates that juveniles who have committed

legal offenses and juvenile status offenders will not face a court trial for a minor offense but

will be transferred to social welfare or cultivation institute for counseling. Article 42 of the

same Act stipulates that the juvenile court may pronounce a ruling of sending a juvenile to a

proper welfare or cultivation institute. Refer to Attachments 8-2 and 8-3 for statistics on

transfer and placement cases. “Regulations on Changes in Academic Status or Return to

School of Children or Youth Receiving Counseling while in Placement or Reformatory

Education” have been implemented since 2013. The number of cases in which juveniles

were not prosecuted and allowed to continue school or given other opportunities totaled 324

in 2014 and 283 in 2015.

(b) Children Deprived of their Liberty, including any Form of Detention, Imprisonment

or Placement in Custodial Settings - Article 37 (b), (c), (d)

It is forbidden to deprive the liberty of juveniles illegally or recklessly. If the liberty of a

juvenile is to be deprived, it must be in compliance with legal regulations, only as a measure

of last resort, and may only be of a brief duration.

302. Under the “Juvenile Delinquency Act,” courts can only order a juvenile to be held in a

juvenile detention center in situations where the juvenile cannot be handed over to parents or

guardians or where such a handover is obviously improper, and the period of detention may

not exceed two months. If an extension is necessary, it may not exceed one month. Also, in

juvenile criminal cases, a juvenile defendant may not be detained unless there are no

alternatives.

Juveniles deprived of their liberty should be treated humanely, kept apart from adult

criminals, and allowed to stay in contact with family members

303. Prosecutors are responsible for handling juvenile offenders’ sentences in accordance with the

“Standards for Treatment of Prisoners Designated by the Ministry of Justice.” Juvenile

offenders are first sent to the prison in the prosecutor’s jurisdiction while under investigation

but should be segregated from adult prisoners. Once it is confirmed that the juvenile

offender is not involved in any criminal case under investigation or being tried in court, and

there is no reason to postpone a transfer, he or she will be transferred to Ming Yang Junior

High School (a juvenile correctional school).

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304. The “Statute on the Establishment of Juvenile Detention Houses,” the “Organic Statute of

Reform Schools” and the “Act of the Establishment of Juvenile Reformatory Schools and

Enforcement of Education” stipulate that all correctional institutions should take

personalized approaches to meet individual needs, provide education and vocational

training, and help develop positive lifestyle habits. See Paragraph 145 for details on rules for

juveniles in detention communicating with family members.

Right to file an objection with the court or other judicial authorities, requesting prompt

access to legal and other proper assistance

305. See Paragraph 298 regarding the assistance available to a juvenile involved in a juvenile

delinquent protection case.

306. Police involved in investigating and processing juvenile delinquency cases shall abide by the

regulations stipulated in the “Juvenile Delinquency Act,” the “Habeas Corpus Act,” and the

“Regulations for Coordination between Juvenile Courts and Judicial Police Authorities in

Processing Juvenile Delinquency.” The procedures are as follows:

(a) Police should escort the juvenile to the court, together with related documents, within 24

hours after arrest.

(b) The police should inform parents, the statutory agent, or the person protecting the

juvenile at the time to be present.

(c) See Paragraph 298 for more on a juvenile’s right to select a defender (who can be a

lawyer).

(d) Any attempt to lead or give hints to a juvenile during the interrogation is not allowed.

(e) Within 24 hours after arrest, the police should inform the juvenile under arrest and a

relative or friend designated by him or her in writing the reason for and the time and

location of the arrest, as stipulated in the “Habeas Corpus Act.”

(f) In cases of administrative punishment, the police shall inform family members of the

juvenile to take him or her home, or the police will escort the juvenile home. If the

juvenile is a student, the police may inform his or her school, under the circumstances.

(c) The Sentencing of Juveniles, in Particular the Prohibition of Capital Punishment and

Life Imprisonment - Article 37 (a)

307. Article 63 of the “Criminal Code” stipulates that the death penalty or a life sentence shall not

be imposed on an offender who is under the age of 18.

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 (d) Physical and Psychological Recovery and Social Reintegration - Article 39

308. Correctional schools are similar to junior high schools, and reform schools cooperate with

some junior high schools to set up branches. Both provide tutorial courses to help juveniles

in placement complete their basic education. If a juvenile placed in a juvenile detention

house has yet to graduate, the school he or she is attending should retain his or her academic

status and oversee further education courses. In addition, according to the “Regulations on

Changes in Academic Status or Return to School of Children or Youth Receiving Counseling

while in Placement or Reformatory Education,” a coordination committee is responsible for

implementing a plan regarding the individual’s academic transition and resumption of

schooling. Up to now, each school has accepted the transition and resumption of schooling

of a student from juvenile correctional institution.

309. Articles 21 and 22 of the “Regulations for Execution of Child and Juvenile Protection

Programs” call for protection officers and counselors responsible for placement counseling

to jointly develop a counseling plan and remain in constant contact to help juvenile

offenders return to their families, schools and communities. Judges and protection officers

shall make regular and special visits, and the juvenile cultivation institutions responsible for

placement counseling shall submit monthly reports on the progress in the counseling to

juvenile courts. Also, prosecutors or juvenile court judges are responsible for evaluating how

effectively correctional institutions are carrying out a juvenile’s penalty and reformatory

education on a monthly basis.

310. Correctional counseling measures adopted by juvenile correctional institutions include the

following: (for information on the implementation of the measures, refer to Attachment 8-4):

(a) Arranging visits for families and holding meetings between juveniles and their family

members attended by judges and protection officers, and sponsoring lectures on

parenting education and other related activities.

(b) Providing religious instruction and individual counseling.

(c) Developing skills, giving vocational training and offering guidance on participating in

skills certification exams.

(d) Drawing on special education resources for assistance in counseling.

(e) Implementing follow-up counseling and school transfers or resumptions of schooling for

juveniles leaving correctional institutions and informing social affairs agencies to

complete evaluations before arranging school transfers or resumptions of schooling; also,

assisting juveniles to catch up on their studies based on the “Regulations on Changes in

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 Academic Status or Return to School of Children or Youth Receiving Counseling while

in Placement or Reformatory Education.”

311. For information on counseling for juveniles using narcotics, see Section C of this chapter

(Paragraphs 329 to 333).

312. Article 82 of the “Juvenile Delinquency Act” requires that a juvenile who is on probation

and under supervision while out on bail or serving a suspended sentence must report to the

court on the day he or she leaves the correctional institution. In the first three months after

leaving the institution, the juvenile must meet his protection officer at least two times per

month, and the protection officer shall visit his or her residence, workplace or school every

three months.

313. Article 81 of the “Prison Act” and Article 20 of the “Sexual Assault Crime Prevention Act”

give juvenile correctional institutions responsibility for treatment and counseling for

juveniles involved in cases of sexual assault, and they can hire psychiatrists,

psychotherapists, and certified social workers to provide treatment and counseling. Before a

juvenile involved in a sexual assault case leaves the institution, an evaluation of the

treatment and counseling shall be submitted to the local authorities concerned, and related

agencies in the community shall be informed. Internal and external mechanisms are in place

to prevent recidivism of sexual offenders. Refer to Attachment 8-5 for statistics on the

number of juveniles in correctional institutions for committing sexual assaults.

314. Articles 67 and 68 of the “Protection of Children and Youths Welfare and Rights Act”

stipulate that the government shall continuously offer children and youth being handled

under the “Juvenile Delinquency Act” and their family members the necessary welfare

services. In addition, the authorities concerned shall keep track of a juvenile and his or her

family and provide counseling for at least one year after he or she has completed, or has

been exempted from, placement counseling or reformatory education, or is transferred to a

counseling program under the “Juvenile Delinquency Act.” Refer to Attachment 8-6 for

information on the implementation of the tracking and counseling program.

315. The government sponsors courses on finding employment and publicizes information on the

job market to strengthen the job capabilities, job search skills and interest in finding a job

among juveniles. For those interested in finding employment, the government provides one-

stop employment services. Refer to Attachment 8-7 for details on the implementation of

these services.

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C. Children and Youth in Situations of Exploitation, including Physical and Psychological

Recovery and Social Reintegration - Article 39

(a) Economic Exploitation, including Child Labor - Article 32

Preventing children and youth from taking jobs that may hinder or affect their right to

receive education or may hurt their physical and mental development

316. The government has set criteria for employing persons under the age of 15 in the

“Regulations Governing the Determination Criteria and Inspection of No Harm to Mental

and Physical Health in Article 45 of the Labor Standards Act.” The regulations set maximum

daily working hours, break times, vacation days, and employment permit restrictions and list

the jobs forbidden to be performed by employees under the age of 15, as well as related

inspection procedures. The employment of persons under the age of 15 (including child

labor) should be approved by the local authorities concerned.

317. See Paragraph 196 for information on job transfer services for people with disabilities

(including mild mental retardation). Refer to Attachment 8-8 for details on the

implementation of employment services for disadvantaged youth.

Regulations regarding minimum age for employment

318. See Paragraph 36 regarding rules on minimum age for employment. Article 45 of the “Labor

Standards Act” stipulates that a person under the age of 15 who acquires employment

through other persons to provide services to a third party, or provides services for pay

without an employment relationship, shall be subject to child labor protection regulations.

Regulations on working hours and proper working conditions

319. Articles 47 and 48 of the “Labor Standards Act” stipulate that the daily working hours of a

child worker should not exceed eight hours and weekly working hours should not exceed 40

hours. Working on regulated day off or between 8 p.m. and 6 a.m. is not allowed.

320. Paragraph 1 of Article 29 of the “Occupational Safety and Health Act” stipulates that

employers should not have employees under the age of 18 perform dangerous or hazardous

work. “Criteria for dangerous or hazardous jobs forbidden to be performed by female

workers who are pregnant or have just given birth or juveniles under the age of 18” have

been established and specify dangerous and hazardous jobs. Also under Paragraph 3 of

Article 29 of the “Occupational Safety and Health Act,” if an employee is declared unfit to

perform his or her designated job after an assessment by doctors as stipulated in Article 20

or 22, the employer should transfer the person to another working environment, change the

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 type of work, or shorten the person’s working hours, as suggested by doctors. The employer

should also adopt health management measures. In 2015, two businesses were found to have

violated the regulations.

Appropriate penalties or other sanctions

321. Under Article 77 of the “Labor Standards Act,” an employer who violates regulations on the

minimum age of a child worker, the working environment and working hours (including as

related to night shifts), are subject to a maximum sentence of 6 months in jail, criminal

detention, or a fine or a combination of imprisonment and a fine or detention and a fine.

322. Based on the “Act of the Cooperative Education Implementation in Senior High Schools and

the Protection of Students’ Participation Right,” the authorities have established “Guidelines

for the Ministry of Education regarding Management Procedures and Punishments in Case

of Violations of Senior High School Cooperative Education Implementation Regulations,”

and the Ministry of Education has issued a handbook for cooperative education students on

working conditions and rights. The authorities shall conduct regular evaluations of schools

based on “Guidelines for Evaluation of Senior High Schools’ Cooperative Education

Programs.”

323. Under Article 79 of the “Labor Standards Act,” employers who fail to keep on record a

consent letter from the statutory agent of a juvenile under the age of 18 and age certification

document for juveniles in their employ will be fined. Employers who have violated

Paragraph 1 of Article 29 of the “Occupational Safety and Health Act” (see Paragraph 320)

are subject to a maximum sentence of one year in jail, criminal detention or a fine. In some

cases, the sentence can be imprisonment plus a fine or criminal detention plus a fine, as

stated in Article 41 of the “Occupational Safety and Health Act.” If employers violate the

provisions of Paragraph 3 of Article 29 of the “Occupational Safety and Health Act” (see

Paragraph 320), they will be fined according to Article 45 of the same Act.

324. To fully implement the provisions of Articles 44 to 48 (regarding child labor) and Articles 64

to 69 (regarding apprentices) of the “Labor Standards Act” and Article 29 of the

“Occupational Safety and Health Act” (regarding prohibition of assigning juveniles under

the age of 18 dangerous or hazardous jobs), related issues shall be listed as points of

emphasis in annual inspections of labor conditions. The authorities will also conduct special

inspections of labor conditions faced by students doing part-time jobs and working as

apprentices as part of their cooperative education. Refer to Attachment 8-9 for information

on the implementation and results of such inspections.

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 325. Whether working part-time or full-time, children and youth shall be covered by labor

insurance, and employers shall be the units enrolling them in the insurance program, as

provided in Articles 6 and 8 of the “Labor Insurance Act.” According to Article 72 of the

same Act, an employer that fails to enroll an employee in the labor insurance program shall

be fined four times the total premiums owed for that employee. In 2015, in 60 inspections of

the employment terms of cooperative education students, two employers were found to have

failed to enroll the cooperative education students in the labor insurance program on the date

of employment.

(b) Drug Abuse - Article 33

Preventing children and youth from using illegal drugs

326. Local governments have set up “Narcotics Hazards Control Centers” to integrate the anti-

drug efforts of judicial, educational and health and welfare agencies and develop a

preventive network against the hazards of drug abuse. In addition, to intensify education on

drug abuse hazards and the rule of law, education authorities have launched a “say-no-to-

drugs” campaign to promote awareness.

327. According to Article 9 of the “Narcotics Hazard Prevention Act,” adults guilty of compelling

juveniles to use narcotics by means of violence, coercion, deception or other illegal methods

(Article 6 of the same Act), luring others into using narcotics (Article 7 of the same Act), or

transferring narcotics (Article 8 of the same Act) shall face increased penalties.

328. The government has put in place “Guidelines for Narcotics Control Strategies and

Implementation by Police Authorities,” an “Implementation Plan for Police Authorities to

Reinforce Investigation of Juvenile Crimes” and a “Special Action Plan regarding

Combination Drugs” to reinforce investigations on drug abuse cases and suppliers, with

student drug abuse cases one of the priorities. The police are responsible for conducting

irregular nationwide anti-drug investigations and special-operations to check on all possible

sources of drugs on campuses. Meanwhile, police and educational agencies hold regular

meetings to better integrate networks and strengthen prevention and controls.

329. Article 53 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

personnel performing duties related to the welfare of children and youth shall immediately

report any cases of children or youth using drugs16 or controlled medicines to authorities

16

In Taiwan, narcotics are classified into four categories based on the degree to which they lead to addiction and

abusive usage or hurt society. In category one, heroin is the most predominant; category two, amphetamines and

MDMA; category three, ketamine; category four, zolpidem.

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 whenever they learn of them. The reported cases should be categorized within 24 hours, and

related investigation reports should be submitted to the authorities concerned within either 4

or 30 days, depending on the level of urgency of each case. In 2015, a total of 3,525 cases

were reported17.

330. Juveniles using category one or category two drugs are considered to have engaged in

criminal conduct and they are to be monitored and ordered to get treatment, based on

provisions in the “Narcotics Hazard Prevention Act,” or put under protective measures based

on the “Juvenile Delinquency Act.” In only one case in 2011 did prosecutors request a

summary sentence for such an offense. Juveniles who use category three and category four

drugs are treated as status offenders, subject to protective measures. Protective measures

usually consist of probation and supervision along with intensive support from medical,

educational and social affairs agencies. Refer to Attachments 8-10 to 8-12 for statistics on

juvenile narcotics-related criminal offenders.

331. Juveniles caught using category one and category two drugs who are ordered to be

monitored and go through rehabilitation are to be given religious, career development and

rehabilitation guidance and shall receive instruction on the humanities, health and the law, as

stipulated in the “Act of Execution of Rehabilitation Treatment.” For those who show

tendencies toward re-using drugs and are forced to undergo rehabilitation, they shall attend

courses in three phases as prescribed in the “Act of Execution of Drug Abuser Treatment” –

an adjustment period, a psychological counseling period and a social adaption period. For

juveniles ordered to receive reformatory education, reformatory institutions shall recruit

rehabilitation specialists to help them overcome addiction.

332. Children and youth not attending school who are caught using category three and category

four drugs shall receive treatment services provided by local governments or jointly

provided by local governments and civil organizations. In 2015, a total of 852 children and

youth received the related services. In addition, based on Article 102 of the “Protection of

Children and Youths Welfare and Rights Act,” parents of drug-using juveniles should receive

parenting education to learn how to properly support their youngsters. Drug-using school

children and youth shall receive guidance from special “campus anti-drug units,” which also

improve the access of students to helpful resources and refer them to medical care to keep

17

Among the 3,525 cases reported, 1,046 cases were children or youth not attending school using category three or

category four drugs. Local governments have been tracking the cases and providing treatment services (852 have

received treatment services, accounting for 81.45% of the cases reported). Another 713 cases were juvenile

delinquency cases that have been transferred to juvenile courts.

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 them away from the danger of drugs. Refer to Attachment 8-13 for statistics on drug-using

students reported by schools.

333. There are 157 drug addiction rehabilitation centers nationwide that offer rehabilitation and

medical treatment to children and youth. The government provides subsidies for medical

treatment to those attending rehabilitation programs, in compliance with the “Subsidy

Regulations for Rehabilitation Medical Treatments of Persons with Non-opioid Addiction.”

In addition, the government has set up a platform with a mechanism for referring campus

drug addicts to institutions providing rehabilitation services. Juvenile reform schools,

juvenile detention houses and juvenile correctional schools also provide such services.

Preventing children and youth from being used to engage in the production and trafficking

of illegal drugs

334. According to Article 4 of the “Narcotics Hazard Prevention Act,” manufacturing,

transporting or selling narcotics is considered to be criminal conduct. Any adult who abets,

assists or uses children or youth to manufacture, transport or sell narcotics, who commits

crimes of manufacturing, transporting or selling narcotics together with children or youth, or

who intentionally leads children or youth into committing narcotics-related crimes, will face

up to 1.5 times the standard sentence for such crimes, as mandated in Article 112 of the

“Protection of Children and Youths Welfare and Rights Act.” Between 2011 and 2015, the

Coast Guard Administration under the Executive Yuan arrested 2,335 suspects involved in

drug trafficking, and 18 of them were under the age of 18, representing just under 1% of the

suspects. Refer to Attachments 8-14 and 8-15 for details.

(c) Sexual Exploitation and Sexual Abuse - Article 34

Prevention of sexual exploitation

335. In 1995, the government introduced and began implementing the “Child and Youth Sex

Trade Prevention Act.” In 2015, it was expanded and renamed the “Child and Youth Sexual

Exploitation Prevention Act” and is expected to take effect on Jan. 1, 2017. With the Act’s

terminology changed from “sex trade” to “sexual exploitation,” Article 2 of the Act now

specifies all types of child or youth “sexual exploitation” that are forbidden18. Anyone

18

The behaviors that constitute “child or youth sexual exploitation” are: (a) causing a child or youth to engage in

sexual intercourse or obscene acts in exchange for monetary or other considerations; (b) using a child or youth to

engage in sexual intercourse or obscene acts for others to watch; (c) filming a child or youth engaging in sexual

intercourse or obscene acts, or producing pictures, photographs, films, videotapes, compact disks, electronic

signals or other objects that show a child or youth engaging in sexual intercourse or obscene acts; and (d) using a

85

 violating the law will face not only a criminal penalty but also administrative sanctions.

Those convicted shall receive a certain number of hours of counseling, and parents,

guardians or others who are looking after the victimized children or youth shall receive 8 to

50 hours of parenting education to reinforce the functions of the family.

336. The government has introduced the “Implementation Plan for the Prevention of Sex Trade

Involving Children or Youth” and the “Plan for Reinforcement of Sex Crimes

Investigations” to strengthen the hand of the authorities in cracking down the violations of

Articles 22 to 29 of the “Child and Youth Sex Trade Prevention Act,” notably the use of

violence or coercion by criminal gangs to force juveniles to work in the sex trade. Refer to

Attachments 8-16 to 8-18 for statistics on children and youth in the sex trade.

337. Article 49 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

no one is allowed to force, seduce, shelter or act as a broker to arrange children or youth to

engage in obscene or sexual activities. Also, it is prohibited to use children or youth to

produce publications, photos, videos, films, CDs, disks, electronic signals, game software,

internet content or other products with violent, bloody, sexual, obscene or other content

harmful to the physical and mental health of children and youth.

338. For performing arts productions that have received government subsidies, the government

shall review the production through a screening and evaluation mechanism before the show

opens to the public to prevent children and youth from being used in pornographic

performances and to prevent the use of child pornography materials. In addition, preventing

child and youth sexual exploitation is included in training courses and final examinations for

tour guides and tour leaders, and information on the importance of reporting illegalities and

adopting preventive measures is posted in venues where hotel staff are trained.

Protective measures for children and youth victimized by sexual exploitation or suspected of

being sexually exploited

339. Protective placement: Within 24 hours after prosecutors and police have uncovered and

rescued a child or youth victim, the case shall be forwarded to the local government to

decide whether to have parents or guardians take the child or youth back, or to have a proper

institution arrange emergency placement. For a child or youth put in emergency placement

for 72 hours, if the authorities concerned decide to continue the placement, they must submit

child or youth as a host/hostess in a bar or club, or for services, such as tour escorts and singing or dancing

companions, that involve sexual activities.

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 a related report to the court prior to the court hearing on the issue within 45 days of the start

of the extended placement period. The authorities can request placement extensions of up to

three months at a time. If the court decides a victim should be put under protective

placement, the maximum period is two years. For cases in which an extension of protective

placement is necessary, the authorities concerned must submit to the court an evaluation in

support of the extension request. Each extension can be for a maximum of one year. Refer to

Attachment 8-19 for statistics on approved protective placement cases.

340. Education: Article 22 of the “Child and Youth Sexual Exploitation Prevention Act” requires

the authorities concerned to consolidate private resources and establish transition schools

that employ professionals specialized in social work, psychology, counseling and education

so as to provide alternative education and counseling to victimized children and youth.

Students of transition schools shall have their student status registered at regular schools,

and their diplomas shall be awarded by those regular schools. There are two kinds of

transition schools – schools jointly operated by social welfare institutions and local

educational authorities19 and schools that are independently operated20. Refer to

Attachments 8-20 to 8-22 for details on students in different types of transition schools, and

transition school services.

341. Judicial investigations:

(a) When questioning a child or youth victim of sexual exploitation, police and judicial

personnel should inform the authorities concerned to assign a social worker to be present

and offer his or her opinions.

(b) The victim should not be summoned after being questioned legally, unless it is necessary.

During the questioning, the victim must be accompanied by a legal representative,

immediate relatives or other relatives within three civil degrees, a spouse, parents or

family members.

(c) Witnesses, victims, informers, accusers, and prosecutors in child and youth sexual

exploitation cases shall be protected in accordance with the provisions of the “Child and

Youth Sexual Exploitation Prevention Act.” If a judge considers it necessary, related

provisions in the “Witness Protection Act” shall be applied.

19

In transition schools jointly operated by social welfare institutions and local educational authorities, the institutions

will provide measures for protective placement, and education authorities will be responsible for providing

courses. Currently, there are two such schools in Taiwan.

20

Independently operated transition schools are patterned after regular schools, and the protective placement and

educational functions are implemented within the schools. Currently, there are three such schools in Taiwan.

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 (d) While questioning a child or youth victim, the authorities should pay attention to that

individual’s personal safety, provide a safe environment, and adopt appropriate security

measures. When necessary, the victim should be questioned in isolation.

Helping children and youth victimized by sexual exploitation or suspected of being sexually

exploited to recover physically and mentally and re-enter society

342. See Paragraph 339 regarding protective placement. The authorities concerned shall keep

track of child or youth victims after their protective placement has concluded and provide

them guidance. In addition, the victims shall receive assistance in schooling, employment,

and independent living for at least one year, and under certain circumstances, until they

reach the age of 20. Those put in transition schools shall receive education on personality

development, ethics, the law, knowledge and skills, and the development of sound values in

addition to vocational training to prepare them to adapt to society after graduation. Refer to

Attachment 8-23 for statistics on students returning home after attending transition schools.

(d) Other Forms of Exploitation - Article 36

Preventing any other form of exploitation

343. For information on protecting children and youth from exploitation by the media and

privacy protection, see Section G of Chapter 4.

344. To protect the rights of human research subjects based on the “Human Subjects Research

Act” and the “Medical Care Act,” prior to conduct a research should be submitted the

research protocol for review and approval by the Institutional Review Board/Research Ethic

Committee (hereinafter “IRB/REC”) and be obtained the legally effective informed consent

of the subject or the subject’s legally authorized representative. Simultaneously the

information that is given to the subject or the representative shall be in language

understandable to the subject or the representative21. In Drug Clinical Trials, the assurance

21

Before obtaining the letter of approval, the leader of a research team or a designated team member should give a

subject of a human research project and his or her legal representative plenty of time and opportunities to learn

about details of the clinical trial. Article 20, Paragraphs 2 and 3 of the “Regulations for Good Clinical Practice”

stipulate that a subject of human research and his or her legal representative should be provided with satisfactory

answers to questions about the clinical trial plan. Article 79 of the “Medical Care Act” requires researchers to give

the subject plenty of time to think it over and not use any form or coercion when asking the subject to give his or

her consent to participate in the trial. If the subject of research is a fetus, the mother shall be informed of the

details to decide on matters related to the letter of consent. If the research subject is a person who has been

declared to be of limited legal capacity, consent shall be obtained from both the individual and his or her legal

representative. Article 12 of the “Human Subjects Research Act” and Article 79 of the “Medical Care Act” also

stipulate that if a research subject is incompetent, the letter of consent shall be obtained from his or her legal

representative.

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 of inform consent process for subject under a legal disability is regulated by the

“Regulations for Good Clinical Trial.”

345. Article 3 of the “Training Guidelines of Sports Classes and Sports Teams across Educational

Levels below Senior High School” lays out guidelines for the hours that can be spent by

children and youth in sports classes or in training by sports teams. Schools are required to

monitor the hours depending on the different types of sports and training, the intensity of

training and the training cycle. The maximum training allowed (including related classes) is

three hours per day.

(e) Sale, Trafficking and Abduction - Article 35

Preventing human trafficking

346. The government has promulgated the “Human Trafficking Prevention Act.” To prevent

children and youth becoming victims of human trafficking, judicial and law enforcement

authorities have reinforced inspections on land and at sea, and the Ministry of Justice has

specifically assigned prosecutors to investigate human trafficking cases. In recent years, the

government has signed cooperation agreements on immigration affairs and human

trafficking prevention with many countries, including Indonesia and Nauru, etc.,

contributing to the prevention of the illegal transferring of children or youth. Refer to

Attachment 8-24 for details on cases of child or youth trafficking victims uncovered by

judicial and police agencies.

347. Article 49 of the “Protection of Children and Youths Welfare and Rights Act” stipulates that

no one should abduct, kidnap, sell, or use children or youth as hostages. Anyone who

violates the regulations shall face a criminal penalty, be fined, and have his or her name

released publicly. In addition, to eliminate child trafficking, regulations on adoption are

included in the “Protection of Children and Youths Welfare and Rights Act.” See Paragraph

166 for details.

348. The “Human Organ Transplant Act” stipulates that transplanted organs must be provided or

received without any form of compensation. Any violation of the related regulations will be

subject to both civil and criminal penalties. An ROC national who has committed a crime

regarding organ transplantation in another country where organ transplantation is not legally

regulated is still subject to the “Human Organ Transplantation Act.” Up to now, there have

been no illegal organ transplantation cases (including cases involving children or youth)

reported in the ROC.

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349. Foreign workers employed in Taiwan must be aged 16 or over. As of the end of 2015, there

were 20 foreign workers aged 16 or 17 working in Taiwan, all in the manufacturing sector.

To prevent foreign workers from falling victim to human traffickers, the government has

implemented the following measures:

(a) Minimizing exploitation by labor brokers: The “Standards for Fee-charging Items and

Amounts of the Private Employment Services Institution” regulates charges by domestic

brokers. In addition to the establishment of the “Direct Hiring Service Center,” a direct,

web-based cross-border hiring management service system was established to help

employers recruit foreign workers themselves.

(b) Minimizing exploitation by employers: The “Employment Service Act” stipulates that

employers are not allowed to illegally withhold or seize passports, residence permits or

the belongings of foreign workers. In addition, the “Regulations on the Permission and

Administration of the Employment of Foreign Workers” stipulates that employers should

pay salaries directly to foreign workers in full.

(c) Providing channels for filing complaints and informing foreign workers of those

channels: The government has set up a “1955” labor consultation and protection hotline

for foreign workers as a channel for filing complaints. In addition, foreign workers

service centers have been set up at airports, seminars on related issues have been held,

and handbooks on workers’ rights are available. The authorities also commission radio

stations to produce programs to publicize the available services.

Physical and psychological recovery and social reintegration

350. Under the “Human Trafficking Prevention Act,” the authorities concerned shall provide

protection and sheltering, medical assistance, translation services, legal assistance,

psychological counseling and other services to victims and suspected victims of human

trafficking. During the investigation and court procedures, the victims and suspected victims

shall be accompanied by social workers and provided with the necessary financial assistance

and other forms of help.

Cross-strait and international cooperation

351. During the period from 2011 to 2015, the majority of unauthorized migrants interdicted in

Taiwan were adults with only one four-year-old stateless girl interdicted in 2015, who was

provided immediate assistance by the competent authority then. Since the majority of

unauthorized migrants interdicted in Taiwan were Vietnamese, the government has

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 instructed legal attachés and police attachés stationed overseas to conduct coordination with

law enforcement counterparts, to collect information related to human trafficking, and

proactively prevent and protect minors from abduction and human trafficking.

352. The government actively participates in activities regarding immigration affairs and human

trafficking prevention. The ROC has signed cooperation agreements and memorandums or

established communication channels on the issue with 15 other countries or areas.

353. Refer to Attachment 1-3 for more on international cooperation.

D. Children Belonging to a Minority or an Indigenous Group - Article 30

354. According to government statistics, there were 4,043,357 children and youth in the ROC in

2015, of whom 138,538 belonged to indigenous groups. There were 64 Mongolian children

and youth and 85 Tibetan children and youth, and an estimated 820,000 children and youth

were of Hakka origin, though the government has not conducted any surveys to confirm the

figure.

Right to keep their religion

355. Article 13 of the Constitution states that the people shall have freedom of religious belief

(see Paragraph 116). The government respects religious minorities and honors traditional

forms of worship, religious discipline, practices, and sermons.

Right to maintain their cultures and related measures

356. Articles 21 and 22 of the “Education Act for Indigenous Peoples” provide for safeguarding

the right of education of indigenous students. Governments at all levels shall provide

preschool, elementary school and junior high school indigenous students with opportunities

to learn their respective ethnic languages, histories and cultures, and education authorities

should design curriculums and teaching materials related to ethnic education. In addition, all

levels of schools should adopt multi-ethnic perspectives and incorporate the history, culture

and values of ethnic groups in designing related courses, in accordance with the “Five-Year

Indigenous Education Development Program.” The government has introduced the “Plan for

Establishing Tribal Schools” and the “Plan for Subsidizing Community Cooperative and

Tribal Cooperative Educare Services” to promote a schools-based curriculum featuring

ethnic education and to promote the establishment of indigenous educational experimental

schools.

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357. The government initiated the “Guidance project for foreign and mainland Chinese spouses”

in 2003 to safeguard and strengthen the educational and cultural rights and interests of

children of new immigrants. In 2005, the “Foreign Spouses Development Fund” (in 2016

renamed the “New Immigrants Development Fund”) was set up to provide subsidies to

related agencies to ensure that children of new immigrants have multi-cultural learning

environments that enable them to become familiar with the languages of their new

immigrant parents (Refer to Attachment 8-25). The Executive Yuan founded the New

Immigrants Affairs Coordination Task Force in 2015 to reinforce cross-agency cooperation

in safeguarding the rights and interests of new immigrant families in Taiwan.

358. Every year, in accordance with Tibetan calendar, Tibetans in Taiwan celebrate Losar, the

Tibetan New Year, and Mongolians in Taiwan pay tribute to Mongol Empire founder

Genghis Khan in an annual ritual. In addition, horse-riding programs and archery camps

have been held for Mongolian children and youth to expose them to the traditional culture

and customs of their ancestors.

359. To promote Hakka cultural activities, the government encourages local governments and

civil groups to sponsor Hakka festivities and performances of Hakka opera. Hakka TV, the

TV channel featuring Hakka culture in the Hakka language, produces at least 90 hours of

programs suitable for children and youth every year. The authorities concerned also provide

subsidies and assistance to help with the production of children’s programs in the Hakka

language and to promote cross-media cooperation.

360. The welfare and rights of children and youth of indigenous people and new immigrants who

are involved in family proceedings are taken into account in scheduling decisions. The

Judicial Yuan have collected information on the dates of festivities of indigenous tribes and

public holidays in Southeast Asian countries for the reference of courts when deciding the

dates of parents-child meetings, for example, because it is important for these children and

youth to learn about their traditional cultures through these meetings. Related information is

also released through the internet.

Rights to use their own languages

361. The “Grade 1-9 Curriculum Guidelines” require all primary school students to take one local

dialect course and list local dialects as optional courses of study for junior high school

students. Local dialects include languages of indigenous tribes. Languages of new

immigrants are expected to be included in school curriculums when the 12-year basic

education system is implemented. In addition, through the implementation of the

92

 “Guidelines for the Promotion of Mother Tongue Days in High Schools and Below as well

as Preschools,” schools and preschools are encouraged to select one day every week as

“Taiwan Mother Tongue Day.” On that day, children and youth are encouraged to use the

local dialect most commonly used by people in the community where the school or

kindergarten is located and the languages of minorities living in the neighborhood. Refer to

Attachment 8-26 for statistics on the number of classes in which local dialects are taught and

participating students.

362. To safeguard the rights of indigenous children and youth to learn their own languages, the

government has implemented the “Second Six-Year Plan for Reviving Indigenous

Languages.” The plan specifies several steps to promote indigenous languages, including

“Incentives for Child Care by Indigenous Nannies,” the “Plan for Immersive Indigenous

Language Teaching in Preschools,” sponsorship of immersive indigenous language camps,

conversation classes and family learning environments, and coordination with churches.

363. The government has launched the “Taiwan Resident Tibetan Care Program,” which sponsors

cultural promotion activities to help Tibetan children and youth obtain related knowledge. In

addition, the government has set “Guidelines for the Mongolian and Tibetan Affairs

Commission to Establish Mongolian and Tibetan Language Classes” to help Mongolian and

Tibetan children and youth in Taiwan to learn their own languages. Language classes at

junior and senior high school levels are open to different age groups of children and youth.

Refer to Attachment 8-27 for details on beneficiaries of the language programs.

364. The government has developed the “Hakka Living School Plan” to create a living

environment for Hakka language learning. The government provides subsidies to public as

well as private junior high schools, primary schools, and preschools to promote programs

such as “Hakka Living Schools,” “Hakka Culture, Handicrafts, and Music Classes,” “After-

School Arts Programs,” and the “Immersive Hakka Language Teaching Program.” The

schools use lectures, readings, plays, contests, and other activities to promote the Hakka

language based on the principles of bringing the language to life, making it open to

everyone, having it taught in schools and promoting diversity. The government has also

developed “HAC Operation Directions for Subsidizing Publications” to provide subsidies

for the production of Hakka books, periodicals and language teaching materials. Refer to

Attachment 8-28 for statistics on Hakka language proficiency certification.

93

來源 PDF: 464-國家報告英文版-附件(Initial_Report-Attachment).pdf

Implementation of the Convention on the Rights

Implementation of the Convention on the Rights of the Child - Initial Report【Attachment】(ROC)

of the Child

Initial Report Submitted under Article 44 of the Convention

Republic of China (Taiwan)

【Attachment】

Child and Youth Welfare and Rights Promotion Group

November 2016

 【ATTACHMENT】

INTRODUCTION ............................................................................................................................ 1

Attachment Intro.-1(Paragraph 4) Implementation Act of the Convention on the Rights of

the Child ................................................................................................................... 1

Attachment Intro.-2 (Paragraph 1 -Remarks 1) Population Overview of Children and Youth ... 3

CHAPTER 1 GENERAL MEASURES OF IMPLEMENTATION ............................................ 5

Attachment 1-1 (Paragraph 6) Laws and Regulations on the Priority Review List ..................... 5

Attachment 1-2 (Paragraph 13) Central Government’s Allocation of Funding for Children and

Youth Groups ........................................................................................................... 7

Attachment 1-3 (Paragraphs 14, 203, 230, 266, 290, 353) International Assistance and

Cooperation ............................................................................................................ 18

Attachment 1-4 (Paragraph 22) Results of CRC Educational Training ..................................... 26

CHAPTER 3 GENERAL PRINCIPLES ..................................................................................... 29

Attachment 3-1 (Paragraph 69) Number of Pregnant Senior High School Students Who

Remain in School ................................................................................................... 29

Attachment 3-2 (Paragraph 74) Number of Live Births and Stillbirths Reported to

Authorities .............................................................................................................. 29

Attachment 3-3 (Paragraph 74) Infant Deaths and Mortality Rate ............................................ 29

Attachment 3-4 (Paragraph 74) Top 10 Causes of Infant Deaths .............................................. 30

Attachment 3-5 (Paragraph 74) Mid-year Populations, Deaths and Mortality Rates of Minors .. 32

Attachment 3-6 (Paragraph 74) Rate of Deaths Caused by Accidents Among Minors ............. 33

Attachment 3-7 (Paragraph 74) Suicide Rate among Minors .................................................... 33

CHAPTER 5 FAMILY ENVIRONMENT AND ALTERNATIVE CARE ................................ 35

Attachment 5-1 (Paragraph 137) Statistics on Family Education Activities, Family Education

Counseling Hotlines, and Individualized Parenting Educational Services

Sponsored by Family Educational Centers of Local Governments, and Statistics

on Parenting Education Services Sponsored by Social Affairs Departments ........ 35

Attachment 5-2 (Paragraphs 141, 212, 233) Subsidies for Expenses for Early Intervention

Treatment ............................................................................................................... 35

Attachment 5-3 (Paragraphs 141, 233) Statistics on Child Care Services ................................. 36

Attachment 5-4 (Paragraphs 141, 233) Statistics on Community-based Care (After-School

Care) for Children and Youth from Disadvantaged Families ................................. 36

Attachment 5-5 (Paragraphs 141, 233) Statistics on Living Assistance to Disadvantaged

Children and Youth ................................................................................................ 37

Attachment 5-6 (Paragraphs 141, 233) Statistics on Emergency Living Assistance to

Disadvantaged Children and Youth ........................................................................ 37

Attachment 5-7 (Paragraphs 141, 233) Statistics on Assistance for Families in Hardship ........ 38

i

Attachment 5-8 (Paragraphs 141, 233) Statistics on Medical Care Subsidies for Children and

Youth ...................................................................................................................... 38

Attachment 5-9 (Paragraphs 141, 233) Allowances for Unemployed Parents with Children

Under the Age of 2 ................................................................................................. 39

Attachment 5-10 (Paragraphs 141, 233) Child Care Subsidy for Employed Parents with

Qualified Child Care Providers .............................................................................. 39

Attachment 5-11 (Paragraphs 141, 233, 236) Subsidies for After-School Care Classes for

Children .................................................................................................................. 40

Attachment 5-12 (Paragraphs 141, 233, 236) Statistics on After-School Care and Service

Centers for Children ............................................................................................... 40

Attachment 5-13 (Paragraphs 141, 233) Statistics on Free Education Plan for 5-Year-Old

Preschoolers ........................................................................................................... 41

Attachment 5-14 (Paragraphs 141, 233) Statistics on Implementation of “After-School

Supporting Plan for Children of Indigenous Families” and Subsidies for

Indigenous Children Attending Preschool ............................................................. 41

Attachment 5-15 (Paragraphs 141, 233) Statistics on Child Care Facilities or Measures of

Business Entities With More Than 250 Employees ............................................... 42

Attachment 5-16 (Paragraphs 141, 233) Statistics on Parental Leave Allowance ..................... 42

Attachment 5-17 (Paragraphs 141, 233) Impact of Special Tax Deductions for Preschool

Children .................................................................................................................. 43

Attachment 5-18 (Paragraph 152) Number of Visitor and Resident Visas Issued to Foreign

Minors who Are the Children of ROC Nationals With Household Registration in

Taiwan .................................................................................................................... 43

Attachment 5-19 (Paragraph 161) Statistics on Children and Youth Placed in Placement

Institutions .............................................................................................................. 44

Attachment 5-20 (Paragraph 161) Statistics on Foster Families and Foster Children ............... 44

Attachment 5-21 (Paragraph 161) Statistics on Children and Youth in Long-term Placement

(Over Two Years) ................................................................................................... 45

Attachment 5-22 (Paragraph 161) Statistics on Abandoned Babies, Children and Youth ......... 46

Attachment 5-23 (Paragraph 161) Independent-Living Program for Youth Leaving Foster

Care ........................................................................................................................ 46

Attachment 5-24 (Paragraph 171) Statistics on Reasons for Children Being Adopted

(Multiple Choices) ................................................................................................. 47

Attachment 5-25 (Paragraph 171) Statistics on Children and Youth of Domestic and Inter-

Country Adoption ................................................................................................... 48

Attachment 5-26 (Paragraph 171) Number of Adoptions Approved or Terminated by the

Court....................................................................................................................... 48

Attachment 5-27 (Paragraph 171) Inter-country Adoption Cases by Country .......................... 49

Attachment 5-28 (Paragraph 172) Number of Cases and People Prosecuted by District

ii

 Prosecutors’ Office, in compliance with Articles 241 and 242 of the “Criminal

Code” ..................................................................................................................... 49

Attachment 5-29 (Paragraph 172) Number of Convictions by the District Prosecutors’

Offices, in compliance with Articles 241 and 242 of the “Criminal Code” .......... 50

Attachment 5-30 (Paragraph 173) Procedures to Help Search for Missing Children or Youth

Taken Away by Parents (or Relatives) without Official Permission ...................... 51

Attachment 5-31 (Paragraph 173) Statistics on Missing Children and Youth of Different Age

Groups Taken Away by Parents (or Relatives) without Official Permission ......... 53

Attachment 5-32 (Paragraph 173) Outcomes of Investigations and Searches for Missing

Children and Youth Taken Away by Parents (or Relatives) without Official

Permission .............................................................................................................. 53

Attachment 5-33 (Paragraph 174) Reported Cases of Missing Children and Youth Taken

Away by Parents or Relatives without Official Permission ............................. 54

Attachment 5-34 (Paragraph 177) Statistics on People Obligated to Report Abuse or

Neglect of Children or Youth and the Number and Types of Cases Reported ...... 55

Attachment 5-35 (Paragraph 178) Number of Abused Children or Youth, Types of Abuse,

Deaths from Serious Abuse .................................................................................... 56

Attachment 5-36 (Paragraphs 161, 178) Statistics on Children and Youth Put In Protective

Placement ............................................................................................................... 58

Attachment 5-37 (Paragraph 178) Statistics on Protective Placements Ordered by District

(Juvenile and Family) Courts ................................................................................. 59

Attachment 5-38 (Paragraph 183) Statistics on Services for Children and Youth from High-

Risk Families.......................................................................................................... 60

Attachment 5-39 (Paragraph 184) Initiatives Taken by Authorities to Care for Disadvantaged

Children Aged 6 or Under ...................................................................................... 60

CHAPTER 6 BASIC HEALTH AND WELFARE ...................................................................... 61

Attachment 6-1 (Paragraph 193) Statistics on Unnatural Deaths of Children and Youth .......... 61

Attachment 6-2 (Paragraph 195) Statistics on Children and Youth with Disabilities and

Breakdown of Disabilities by Category ................................................................. 62

Attachment 6-3 (Paragraph 198) Statistics on the Schooling of Children and Youth with

Disabilities ............................................................................................................. 63

Attachment 6-4 (Paragraph 199) Statistics on Individuals with Disabilities Between the

Ages of 15 and 18 Receiving Vocational Training or Attending Special

Vocational Training Classes ................................................................................... 64

Attachment 6-5 (Paragraph 200) Statistics on Beneficiaries of Subsidies for People with

Disabilities (including Children and Youth with Disabilities) ............................... 65

Attachment 6-6 (Paragraph 200) Statistics on Children and Youth with Disabilities

Accommodated in Welfare Institutions .................................................................. 66

Attachment 6-7 (Paragraph 200) Statistics on Children and Youth with Disabilities

iii

 Accommodated in Placement and Educational Institutions ................................... 66

Attachment 6-8 (Paragraph 200) Statistics on Children and Youth with Disabilities in Foster

Care ........................................................................................................................ 67

Attachment 6-9 (Paragraph 201) Statistics on Supportive Measures for Parents of Disabled

Children and Youth ................................................................................................ 67

Attachment 6-10 (Paragraph 206) Utilization Rate of Prenatal Examinations .......................... 67

Attachment 6-11 (Paragraph 208) Utilization Rate of Subsidies for Prenatal Genetic

Screening ................................................................................................................ 68

Attachment 6-12 (Paragraph 210) National Immunization Coverage Rates for Children ......... 68

Attachment 6-13 (Paragraph 211) Statistics on Hearing Screening for Newborns.................... 69

Attachment 6-14 (Paragraph 211) Statistics on Screening of Congenital Metabolic Disorders in

Newborns ............................................................................................................... 69

Attachment 6-15 (Paragraph 211) Utilization Rate of Children’s Preventive Health Checkups

over the Past Years ................................................................................................. 70

Attachment 6-16 (Paragraph 213) Statistics on Eyesight, Strabismus and Amblyopia

Screening for Preschoolers ................................................................................... 70

Attachment 6-17 (Paragraph 232) Number of Children and Youth Covered by National

Health Insurance ................................................................................................... 71

Attachment 6-18 (Paragraph 232) Number of Beneficiaries Aged 18 or Under Receiving

National Pension Payments as Surviving Family Members and the Total Amount

of the Payments ...................................................................................................... 72

Attachment 6-19 (Paragraph 234) Statistics on Children and Youth of Low-Income and Low-

To-Middle Income Households .............................................................................. 73

Attachment 6-20 (Paragraph 235) Statistics on Child Care Services for Children Under the

Age of 2 ................................................................................................................. 74

Attachment 6-21 (Paragraph 235) Number of Children Between the Ages of 2 and 5 Attending

Preschools .............................................................................................................. 75

Attachment 6-22 (Paragraph 237) Statistics on Subsidies to Business Entities for Child Care

Facilities or Measures ............................................................................................ 75

Attachment 6-23 (Paragraph 239) Statistics on Households Receiving Interest Subsidies for

Mortgages and Rental Subsidies ............................................................................ 76

CHAPTER 7 EDUCATION, LEISURE AND CULTURAL ACTIVITIES .............................. 77

Attachment 7-1 (Paragraph 241) Statistics on Participation in Non-School-Based Experimental

Education ............................................................................................................... 77

Attachment 7-2 (Paragraph 241) Number of Formal Employed Teachers and the Student-

Teacher Ratio in Primary and Junior High Schools ............................................... 77

Attachment 7-3 (Paragraph 241) Number of Full-Time and Part-Time Substitute Teachers in

Primary and Junior High Schools .......................................................................... 78

Attachment 7-4 (Paragraph 241) Average Enrollment Rates at Different Level of Education .. 78

iv

 Attachment 7-5 (Paragraph 246) The Enrollment Rate of 5-Year-Old Preschoolers................. 78

Attachment 7-6 (Paragraph 247) Tuition Fees for the 2015 School Year at Senior High

Schools ................................................................................................................... 79

Attachment 7-7 (Paragraph 250) Statistics on the Number of Students of Senior High

School and Higher Levels Applying for Student Loans and the Amount of

Loans Granted ........................................................................................................ 80

Attachment 7-8 (Paragraph 253) Statistics on Dropouts from Elementary and Junior High

Schools and Dropout Rate...................................................................................... 81

Attachment 7-9 (Paragraph 253) Statistics on Senior High School Students Discontinuing

Schooling Rate ....................................................................................................... 81

Attachment 7-10 (Paragraph 256) Statistics on Confirmed Cases of Bullying in Schools ........ 82

Attachment 7-11 (Paragraph 263) Statistics on Participants in Various Training Projects ........ 82

Attachment 7-12 (Paragraph 264) Implementation of “Youth On Light Project” ..................... 83

Attachment 7-13 (Paragraph 266) Statistics of Teachers and Students Participating in

International Exchange Programs .......................................................................... 83

CHAPTER 8 SPECIAL PROTECTIVE MEASURES .............................................................. 85

Attachment 8-1 (Paragraph 295) Statistics on Placement of Children and Youth in

Institutions in Compliance with Article 52 of the “Protection of Children and

Youths Welfare and Rights Act” .......................................................................... 85

Attachment 8-2 (Paragraphs 297, 301) Statistics on Child and Juvenile Criminal Offenders

and Status Offenders Investigated By District Courts ........................................... 86

Attachment 8-3 (Paragraphs 297, 301) Statistics on Results of Court Trials on Child and

Juvenile Protection Cases....................................................................................... 89

Attachment 8-4 (Paragraph 310) Statistics on Correctional Counseling Measures for

Children and Youth at Correctional Institutions .................................................... 91

Attachment 8-5 (Paragraph 313) Statistics on the Number of Juveniles in Correctional

Institutions for Committing Sexual Assaults ......................................................... 93

Attachment 8-6 (Paragraph 314) Referrals of Juvenile upon Completing Reformatory

Education, Concluding or Being Exempted from the Follow-up Counseling

Program .................................................................................................................. 94

Attachment 8-7 (Paragraph 315) Statistics on Employment Services for Juveniles Leaving

Correctional Institutions (Including Recommendations by Correctional

Institutions and Services Provided by Public and Private Agencies) .................... 94

Attachment 8-8 (Paragraph 317) Statistics on Employment Services for Disadvantaged

Youth ...................................................................................................................... 95

Attachment 8-9 (Paragraph 324) Results of Inspections of Working Conditions Faced by

Students in Part-time Jobs and Apprentices Engaged in Cooperative Education .. 96

Attachment 8-10 (Paragraph 330) Statistics on Juvenile Narcotics-Related Criminal

Offenders Compiled by the National Police Agency, Ministry of the Interior ...... 97

v

Attachment 8-11 (Paragraph 330) Statistics on Juveniles Involved in Criminal and Protection

Cases for Violations of the “Narcotics Hazards Prevention Act” and for Using or

Injecting Non-Opioid Drugs or Anesthetics Other Than Ecstasy .......................... 98

Attachment 8-12 (Paragraph 330) Statistics on Juveniles Ordered to Receive Rehabilitation

Treatment for Using Category One or Category Two Narcotics............................ 99

Attachment 8-13 (Paragraph 332) Statistics on Drug-Using Students Reported by Schools .... 99

Attachment 8-14 (Paragraph 334) Number of Drug Suspects Arrested, Including Arrests of

Minors. Reported by the Coast Guard Administration, Executive Yuan ............. 100

Attachment 8-15 (Paragraph 334) Conclusion of Investigations of District Court Prosecutors’

Offices on Cases of Drug Production, Selling and Transporting ......................... 100

Attachment 8-16 (Paragraph 336) Statistics on the Number of Cases of Sex Trade of Children

and Youth, Suspects Arrested and Child and Youth Victims Rescued by the

Police .................................................................................................................... 101

Attachment 8-17 (Paragraph 336) Statistics on Clients and Facilitators of Sex Trade

Uncovered by the Police ...................................................................................... 102

Attachment 8-18 (Paragraph 336) Statistics on Cases in Violation of the “Child and Youth

Sex Trade Prevention Act” Processed by District Court Prosecutors’ Offices .... 103

Attachment 8-19 (Paragraph 339) Statistics on Protection Placement Approved by District

Courts (Juvenile Courts and Family Courts) in Accordance with the “Child and

Youth Sex Trade Prevention Act” ........................................................................ 104

Attachment 8-20 (Paragraph 340) Number of Students at Transition Schools Jointly

Operated by Social Welfare Institutions and Local Authorities .......................... 105

Attachment 8-21 (Paragraph 340) Number of Students in Independently Operated

Transition Schools ............................................................................................... 105

Attachment 8-22 (Paragraph 340) Overview of Services at Transition Schools in 2015 ........ 106

Attachment 8-23 (Paragraph 342) Number of Students Returning Home After Attending

Transition Schools ................................................................................................ 107

Attachment 8-24 (Paragraph 346) Number of Child or Youth Trafficking Victims

Uncovered by Judicial Police Authorities and Transferred for Protection .......... 107

Attachment 8-25 (Paragraph 357) Statistics on Subsidies for Multicultural and Native

Language Learning Programs for New Immigrants and Their Children

Provided by the “New Immigrants Development Fund” .................................... 108

Attachment 8-26 (Paragraph 361) Number of Classes in which Local Dialects Taught and

Participating Students .......................................................................................... 108

Attachment 8-27 (Paragraph 363) Statistics on Mongolian and Tibetan Language Classes in

Junior and Senior High Schools ........................................................................... 109

Attachment 8-28 (Paragraph 364) Statistics on Hakka Language Proficiency Certification

Achieved by Children and Youth Aged 19 or Under ........................................... 109

vi

INTRODUCTION

Attachment Intro.-1(Paragraph 4) Implementation Act of the Convention on the Rights of the

Child

Article 1 This Act is made to implement the 1989 Convention on the Rights of the Child

(hereinafter the “Convention”), to fulfill the physical and mental development of children and

youths and to substantiate the protection and promotion of the rights of the child and youth.

Article 2 The provisions of the Convention regarding the protection and promotion of the rights

of the child and youth shall have the effect of domestic law.

Article 3 The laws and administrative measures to which the provisions of the Convention apply

shall be in reference to the purpose of the Convention and the interpretation of the Convention by

the United Nations Committee on the Rights of the Child.

Article 4 All levels of government authorities shall exercise their authority in accordance with

the provisions of the Convention in relation to the protection of the rights of the child and youth,

prevent illegal infringement on the rights of the child and youth, actively promote the realization

of the rights of the child and youth.

Article 5 All levels of government authorities shall be responsible for planning, promoting and

implementing the matters stipulated in the Convention based on the duties provided by the

current laws and shall further perform reviews of such tasks. If a matter involves duties by

several authorities, coordination and contact shall be carried out among these authorities.

The government shall cooperate with the governments of different countries, domestic and

foreign non-governmental organizations and human rights institutions in order to protect and

promote the realization of the rights of the child and youth protected by the Convention.

Article 6 In order to promote tasks related to the Convention, the Executive Yuan shall invite

academic experts and representatives from private organizations and relevant authorities to

establish a committee for the promotion of the benefits and interests of the child and youth.

Regular meetings, coordination, research, reviews and consultations shall be held and the

following matters shall be performed:

1. Promotion and educational training of the Convention.

1

2. Supervision of the implementation of the Convention by all levels of government authorities.

3. Research and investigation on the current status of the rights of the child and youth

domestically.

4. Submission of national reports.

5. Acceptance of complaints involving violations of the Convention.

6. Other matters related to the Convention.

The number of academic experts and representatives from private organizations and relevant

authorities shall represent no less than 1/2 of the total number of committee members. Each

gender shall be represented by at least 1/3 of the total number of committee members. If required,

youth representatives may be invited.

Article 7 The government shall establish a reporting system regarding the rights of the child and

youth and shall submit its first national report within two years from the implementation of this

Act. Thereafter, national reports shall be filed every five years. Relevant academic experts and

representatives from private organizations shall be invited to review the reports. The government

shall review and study subsequent policies based on their opinions.

Article 8 The budget required for the protection of the rights of the child and youth in the

implementation of the Convention by all levels of government authorities shall be allocated as a

priority based on financial status and shall be implemented gradually.

Article 9 Each level of government authority shall provide a priority review list regarding the

legislation and administrative measures under its jurisdiction based on the provisions of the

Convention within one year from the implementation of this Act. Any laws and regulations

inconsistent with the provisions of the Convention shall be corrected by addition, amendment or

abolition, and administrative measures shall be improved within three years from the

implementation of this Act. The legislation (amendment), revision or cancellation of the

remaining laws and regulations, and improvement of administrative measures shall be completed

within five years from the implementation of this Act.

Article 10 This Act shall be implemented from 20 November 2014.

2

Attachment Intro.-2 (Paragraph 1 -Remarks 1) Population Overview of Children and

Youth

Unit: person, %

Year 2011 2012 2013 2014 2015

Total Population 23,224,912 23,315,822 23,373,517 23,433,753 23,492,074

Population of Children

4,469,350 4,380,473 4,258,385 4,149,792 4,043,357

and Youth

Children and Youth %

19.24% 18.79% 18.22% 17.71% 17.21%

of Total Population

Population of Children

2,628,612 2,555,512 2,500,859 2,468,063 2,457,079

Aged 0-11

Children % of Total

11.32% 10.96% 10.70% 10.53% 10.46%

Population

Population of Youth

1,840,738 1,824,961 1,757,526 1,681,729 1,586,278

aged 12-17

Youth % of Total

7.93% 7.83% 7.52% 7.18% 6.75%

Population

Zero Years Old 187,442 218,944 183,744 199,275 201,523

1 Year Old 168,973 200,726 237,295 197,591 214,239

2 Years Old 195,292 169,383 201,101 237,780 197,973

3 Years Old 199,181 195,345 169,350 201,100 237,636

4 Years Old 206,102 199,285 195,461 169,380 201,084

5 Years Old 207,160 206,354 199,433 195,576 169,399

6 Years Old 208,625 207,227 206,402 199,553 195,526

7 Years Old 218,674 208,527 207,120 206,252 199,430

8 Years Old 227,582 218,611 208,444 207,012 206,148

9 Years Old 246,345 227,555 218,574 208,419 207,015

10 Years Old 257,113 246,380 227,538 218,606 208,448

11 Years Old 306,123 257,175 246,397 227,519 218,658

12 Years Old 282,810 306,117 257,073 246,372 227,460

13 Years Old 267,329 282,778 305,974 256,965 246,278

14 Years Old 323,039 267,270 282,695 305,900 256,963

15 Years Old 322,077 322,997 267,241 282,694 305,984

16 Years Old 323,906 321,921 322,870 267,134 282,667

17 Years Old 321,577 323,608 321,673 322,664 266,926

Source: Ministry of the Interior

3

4

CHAPTER 1 GENERAL MEASURES OF IMPLEMENTATION

Attachment 1-1 (Paragraph 6) Laws and Regulations on the Priority Review List

Serial The names and relevant articles of Taiwan’s Relevant CRC Competent

number laws and regulations articles authority

Civil Law

1 Civil Code, Article 973

Articles 1, 2 Ministry of Justice

2 Civil Code, Article 980

Criminal Law

3 Juvenile Delinquency Act, Article 3 Article 40 Judicial Yuan

4 Criminal Code, Article 286 Articles 1, 3, 6, 19 Ministry of Justice

Nationality Law

5 Immigration Act, Article 23

6 Immigration Act, Article 24

Ministry of the

7 Immigration Act, Article 31

Interior

8 Immigration Act, Article 32 Article 9

9 Immigration Act, Article 33

Enforcement Rules for the Issuance of ROC

Ministry of

10 Visas to Foreign-Passport Holders, Article

Foreign Affairs

13, Paragraph 1

Cross-strait Law

Act Governing Relations between the

Mainland Affairs

11 People of the Taiwan Area and the Mainland Articles 2, 3, 9, 21

Council

Area, Article 65

Regulations Governing the Residency,

Long-term Residency, or Residency for

Articles 3, 9, 12, Ministry of the

12 Naturalization of the People of the Mainland

18 Interior

China Area Living with a Relative in the

Taiwan Area, Article 14, Paragraphs 2 and 3

Communications Law

13 Radio and Television Act, Article 21

Draft amendment to the Radio and National

14 Articles 1, 17 Communications

Television Act, Article 34-1

Draft amendment to the Satellite Commission

15

Broadcasting Act, Article 28

Social Welfare Law

The Protection of Children and Youths Ministry of

16 Articles 12, 31

Welfare and Rights Act, Article 41 Education

5

 Serial The names and relevant articles of Taiwan’s Relevant CRC Competent

number laws and regulations articles authority

Education Law

Directions Governing the Composition and

Operations of the National 12-Year Basic

17 Article 12

Education Curriculum Standards Council, Ministry of

Article 7 Education

Guidelines for Preventing Bullying in

18 Article 19

Schools, Article 12

Source: Ministry of Health and Welfare

6

 Attachment 1-2 (Paragraph 13) Central Government’s Allocation of Funding for Children and Youth Groups

Unit: NT$1,000, %

Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

General budget

(Annual 1,788,411,931 1,938,637,325 1,907,567,387 1,916,227,714 1,934,636,035

expenditures)

Percentage for 1.68% 2.08% 2.12% 2.34% 2.43%

Children and

30,052,522 40,361,771 40,431,801 44,825,395 46,916,239

7

youth

Ministry of the

142 142 142 160 142

Interior

National Police

Agency and its Juvenile crime prevention

142 142 142 160 142

affiliated training

agencies

National Palace

600 590 531 531 531

Museum

Children’s and parent-child

600 590 531 531 531

activities

Ministry of

8,830 5,990 6,600 17,260 11,681

Culture

1. Children’s Cultural Center

1,250 1,250 1,750 1,550 1,608

website

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

2. Children’s and juvenile The project began

• - - 10,000 4,000

literature development project in 2014.

3. Program that recommends

excellent extracurricular

reading materials to 1,500 1,420 1,750 1,760 2,019

elementary and junior high

school students

4. Plan to promote Taiwanese

literature to children and 1,600 40 20 850 1,000

youth

The National

8

Museum of

Taiwan History,

supervised by the

Ministry of

Culture, began

5. Children’s folklore and folk

2,000 - - - - operation in 2012.

game exhibitions

The museum

suspended its

folklore and folk

game exhibitions

after setting up a

children’s hall.

The National

6. Theater promotion and

• 800 600 - - Museum of Taiwan

education program

History suspended

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

its theater

promotion and

education program

for children and

youth after

launching special

exhibitions on

Taiwanese women

and women’s oral

history.

9 7. Aesthetics education program 2,480 2,480 2,480 2,345 2,345

8. Children’s crafts summer The summer camp

• - - 755 709

camp began in 2014.

Council of

Indigenous 202,336 198,417 207,430 213,351 213,350

Peoples

1. After-school counseling and

education programs for

3,000 7,482 3,482 10,000 10,000

disadvantaged students and

indigenous students

2. Scholarships for indigenous

students in elementary and 56,126 61,035 61,035 61,000 61,000

junior high schools

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

3. Pre-school education

subsidies for indigenous

135,710 127,150 131,368 131,350 131,350

children in indigenous and

urban areas

In accordance with

the “Early

Childhood

Education and

Care Act,” a

program has been

10 implemented since

2013 to establish

centers that

4. Subsidies for child welfare

7,500 2,750 11,545 11,001 11,000 provide education

institutions

and care services

for pre-school

indigenous

children. The

centers rely on the

mutual aid

provided by the

communities or

tribal villages.

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

Hakka Affairs

Council 46,180 58,050 74,050 64,300 70,300

1. Hakka language programs at

46,180 50,700 60,050 50,300 56,300

schools

2. Hakka language certification Certification began

• 7,350 14,000 14,000 14,000

for pre-school children in 2012.

Ministry of

Health and 7,391,675 10,777,660 8,170,999 9,900,662 10,783,464

11 Welfare 1. Subsidies for the early

intervention treatment of

107,306 101,331 86,767 72,822 80,919

developmentally delayed

children

2. Care, counseling and family

treatment services for children

and youth who are in need of 109,000 103,550 93,195 97,061 82,988

protection or who come from

high-risk families

3. Community-based care for

children and youth from 35,000 37,000 31,281 23,493 20,364

disadvantaged families

4. Medical aid program for

2,000,000 2,000,000 2,860,566 3,065,840 3,114,553

children and youth

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

5. Family child care

management and child care 590,156 891,765 891,765 960,860 1,213,688

subsidies

6. Other child and youth welfare 424,539 3,478,389 3,190,387 4,263,313 4,853,261

7. Disease prevention and

treatment and healthcare

services for children and 392,658 370,686 367,741 767,976 768,394

youth; fluoride therapy for

children

12

8. Subsidies for the Vaccine

Fund for child vaccine 531,341 504,774 649,297 649,297 649,297

procurement and vaccination

Taiwan merged its

kindergartens and

nursery schools in

2013. Since then,

9. Various grants for early the Ministry of

3,201,675 3,290,165 - - -

childhood education Education has been

in charge of

supervising early

childhood education

programs.

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

Ministry of

Education 21,574,787 28,466,143 31,157,164 33,783,182 35,003,710

The program is

1. Funding for youth education

399,839 1,289,573 1,354,348 1,661,630 2,014,553 also open to people

and counseling

aged 18 or over.

2. Efforts to develop and

4,085,525 5,184,169 9,055,177 9,547,177 9,590,469

improve pre-school education

3. Efforts to support schools and

students in disadvantaged 360,144 360,365 283,215 366,027 363,027

areas

13 4. Academic counseling for

834,473 1,064,473 1,204,473 1,490,628 1,490,628

disadvantaged students

5. Efforts to implement technical

292,925 342,925 342,925 342,925 313,795

education

6. Education subsidies for The program is

children from families in 142,037 114,000 106,600 106,500 111,500 also open to people

hardship aged 18 or over.

The program is

7. Learning activities for foreign

91,633 78,021 73,866 73,866 79,866 also open to people

spouses and their children

aged 18 or over.

Item 12 (Repeated

8. Tuition aid for senior and

parts in Item 8 and

vocational high school 11,447,654 16,352,060 15,056,003 16,497,872 17,198,065

Item 11 were

students

adjusted) was

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

added to the

program in 2014.

Adjustments were

made to Year

2011, 2012 and

2013 to unify the

basis for

comparison.

9. Expanded assistance to

The program is

financially disadvantaged

1,360,000 1,000,000 1,000,000 1,000,000 1,000,000 also open to people

students in colleges and

14 aged 18 or over.

universities

10. Expansion of school lunch

2,000,000 2,100,000 2,100,000 2,100,000 2,300,000

program

1. The program is

also open to

people aged 18

or over.

11. Waiver or reduction of 2. The program’s

tuition and other fees for 1,092,451 1,112,451 1,112,451 1,128,451 1,073,701 2013 budget was

indigenous students originally

included in Item

8, but

adjustments

were made to

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

unify the basis

for comparison.

12. Repeated parts in Item 8 and

-531,894 -531,894 -531,894 -531,894 -531,894

Item 11 were adjusted

Ministry of

753,226 784,700 742,377 776,365 770,682

Justice

1. Expenses for handling and

researching cases involving 400 400 400 390 300

women and young children

2. Expenses for preventing and

15

controlling children and youth 3,149 3,187 2,933 2,946 2,996

sex trafficking

3. Funding for juvenile

749,677 781,113 739,044 773,029 767,386

correctional institutions

Ministry of

• - 1,320 3,760 3,760

Science and

Technology Since 2012, the

funds have been

used to employ

psychological

Funding for youth education and

• - 1,320 3,760 3,760 counselors. In the

counseling

past, the Ministry

of Education

subsidized the

annual funding, so

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

no budget was

allocated by the

Ministry of

Science and

Technology.

Overseas 69,616 65,079 53,780 54,479 53,119

Community

Affairs Council Plan that assists overseas youth The program is

in visiting Taiwan, experiencing

69,616 65,079 53,780 54,479 53,119 also open to people

the local culture and

aged 18 or over.

participating in activities

16 Veterans 5,130 5,000 5,000 3,323 5,500

Affairs Council

Expansion of school lunch

5,130 5,000 5,000 3,323 5,500

program

Ministry of - - 12,408 10,022 -

Labor

1. Before 2013, the

program was

administered by

the Youth

Pre-employment training for

• - 12,408 10,022 - Development

youth

Administration.

2. Between 2013

and 2014, the

program was also

 Category/ 2011 2012 2013 2014 2015

Competent Items Statutory Statutory Statutory Statutory Statutory Remark

authority Budget Budget Budget Budget Budget

open to people

aged 18 or over.

3. From 2015,

budgets were no

longer allocated

for the program,

as training

sessions were not

limited to

teenagers. The

sessions included

17 people from

other age groups,

in an attempt to

simulate the real

world experience

of job seeking,

and to raise post-

training

employment rate.

Source: Provided by central government agencies, and compiled by the Directorate-General of Budget, Accounting and Statistics,

Executive Yuan

Attachment 1-3 (Paragraphs 14, 203, 230, 266, 290, 353) International Assistance and

Cooperation

1. Examples of Taiwan’s international humanitarian assistance (Paragraph 14):

a. In 2011, through the Vatican’s Pontifical Council Cor Unum, Taiwan’s embassy to the

Holy See provided relief aid to famine victims (including children) in the Horn of Africa;

to earthquake victims (including children) in Japan and Turkey; and to flood victims

(including children) in Brazil, El Salvador, the Philippines, Bangladesh and Italy’s Genoa

and Sicily.

b. In 2012, through the Vatican’s Pontifical Council Cor Unum, Taiwan’s embassy to the

Holy See provided relief aid to earthquake victims (including children) in northern Italy;

to refugees (including children) in war-torn areas in the Middle East; and to disaster

victims (including children) in Africa.

c. In 2013, through the Vatican’s Pontifical Council Cor Unum, Taiwan’s embassy to the

Holy See provided relief aid to flood victims (including children) in Indonesia, Argentina,

Mexico and other countries.

d. In 2014, Taiwan’s embassy to the Holy See cooperated with the Holy See to provide

relief aid to orphans in Eritrea in Northeast Africa; to refugees (including children) in

northern Iraq; and to Ebola victims (including children) in West Africa. Taiwan also

provided aid to flood victims (including children) in the Federation of Bosnia and

Herzegovina in 2014, and helped victims reconstruct their homes.

e. In 2015, through the Vatican’s Pontifical Council Cor Unum, Taiwan’s embassy in the

Holy See provided relief aid to earthquake victims (including children) in Nepal.

Taiwan’s embassy also cooperated with the Sovereign Military Order of Malta to fund

programs for leprosy patients in hospitals in Ho Chi Minh City, Vietnam. In addition,

Taiwan also participated in the humanitarian project “Make a WISH to the Sovereign

Order of Malta,” which was organized by the Embassy of the Sovereign Military Order

of Malta to the Republic of Serbia.

2. Examples of small charitable donations from Taiwan to Central and Eastern European

countries, and cooperation on develop projects between Taiwan and these countries

(Paragraph 14):

a. From 2010 to 2013, Taiwan launched small aid programs in collaboration with Central

and Eastern European countries, including Greece, Czech Republic, Slovakia, Hungary,

Poland, Lithuania, Latvia, Estonia, Croatia, Romania and Bulgaria. The programs

18

 included projects on child welfare and economic, social, cultural and educational

development.

b. 2014 Examples:

i. Funded computers for orphanages in Poland’s Włodawa and Chełm, and for an

elementary school in Czacz in the country.

ii. Funded computers for elementary schools in Aetolia-Acarnania and Karditsa in

Greece.

iii. Funded computers, desks and chairs for a Catholic school in Versmes, Lithuania,

and funded teaching equipment for a school in Kaunas in the country.

iv. Funded computers for schools in Cernica and Balaceanca in Romania.

v. Provided funding to build a natural science classroom for Juro Janoska primary

school in Slovakia, and funded information technology equipment for Kozarovce

primary school in Nitra, Slovakia.

vi. Provided funding to a special education school in Svitani, Czech Republic, for the

purchasing of low-floor school buses. Funded computers for a primary school in

Lysolaje, Prague.

vii. Funded computers for an elementary school in Budapest, and classroom equipment

for a kindergarten in V County and an elementary school in Aszod, Pest County,

Hungary.

viii. Provided funding to The Latvian Institute to hold summer camps for disabled

children and youth, and funded hydrotherapy treatment for disabled children and

youth in Alūksne, Latvia.

ix. Provided funding for the purchasing of preschool nursery equipment in Aste,

Estonia.

c. 2015 Examples:

i. Funded equipment for orphanages in Albania.

ii. Funded computers and playground facilities for a school in Trnava, Slovakia, and

funded facilities for the recreational area and children’s playground in public parks

in Kosice, Slovakia.

iii. Funded traditional costumes for kindergarten and elementary school children in

Hungary.

iv. Funded the purchasing of 33 computers for two schools in the Romanian capital of

Bucharest.

19

3. Examples of assisting local child and youth welfare groups in partnering with

international non-governmental organizations (Paragraph 14):

a. In 2011, the Sunshine Social Welfare Foundation and the Asociación Pro Niños

Quemados de Nicaragua (APROQUEN) jointly organized a program to train

rehabilitation staff for burn victims in Central America. A three-year training program

took place from 2012 to 2014, during which APROQUEN invited professional rehab staff

from five of Taiwan’s diplomatic allies -- Nicaragua, Guatemala, Honduras, Panama and

the Dominican Republic – to receive further rehab training at the Sunshine Social Welfare

Foundation, to benefit child burn victims in Central America.

b. In September 2012, the Taiwan government assisted ECPAT Taiwan (End Child

Prostitution in Asian Tourism) in inviting Jaap E. Doek, former chairperson of the United

Nations Committee on the Rights of the Child, and others to visit Taiwan to meet

members of local child and youth welfare groups. In a meeting with Doek, Taiwan

President Ma Ying-jeou stressed that Taiwan attached great importance to promoting and

protecting child and youth welfare and rights.

c. From 2012 to 2013, the government assisted Orbis Taiwan in cooperating with Orbis

International to organize an ophthalmic medical assistance program for children in Nepal.

d. In 2013, the government assisted representatives of Taiwan’s Garden of Hope Foundation

in attending a meeting in Bangkok, Thailand. At the meeting, they engaged in

conversations with ASEAN law enforcement agencies, anti-corruption agencies, policy

makers, and NGOs and business representatives on such topics as protecting national

assets and jointly combating illegal transactions, in an effort to build a network to combat

transnational human trafficking. The same year, the government assisted the Taiwan Fund

for Children and Families in inviting Camilla Sharshekeeva, former Minister of

Education in Kyrgyzstan, and Emil Umetaliev, former Minister of Economic

Development in Kyrgyzstan, to visit Taiwan. From 2013 to 2015, the government also

assisted the Garden of Hope Foundation in promoting the Asian Girl Rights Alliance, a

three-year international project.

e. In 2014:

i. The government assisted ECPAT Taiwan in attending the General Assembly of the

International Association of Internet Hotlines (INHOPE) in Poland.

ii. The government assisted the Garden of Hope Foundation in organizing the award

ceremonies of the 12th Formosan Girl Awards and 2nd Asian Girl Human Rights

Awards.

iii. Taiwan International Health Action (TaiwanIHA), jointly established by the

20

 Ministry of Health and Welfare and the Ministry of Foreign Affairs, cooperated

with Hualien Tzu Chi Hospital, the Association of Medical Doctors of Asia and the

Provincial General Hospital in Badulla, Sri Lanka, to provide dental care in the

Badulla area. In addition to offering treatment -- ultrasonic scaling, tooth filling

and fluoride varnishing -- for approximately 200 students in two schools, the

medical team also taught the children how to maintain oral hygiene and brush their

teeth the proper way. TaiwanIHA also donated dental cleaning kits, dental chairs

and other medical supplies to the local people.

iv. From 2014 to 2020, the government will assist Orbis Taiwan and Orbis

International in implementing a project for the prevention of blindness in children

in West Bengal, India.

f. In 2015:

i. The government assisted the Garden of Hope Foundation in organizing the Asian

Girls Rights Conference on Oct. 7, 2015. The foundation announced the

establishment of the Secretariat of the Asian Girl Rights Alliance in Taiwan, and

heads of 18 organizations from Nepal, India, Bangladesh, Indonesia, Pakistan,

Cambodia, Armenia, the Philippines, Japan, Mongolia and the United Kingdom

attended the announcement ceremony. The representatives pledged to work to

improve Asian girls’ health, education and personal safety and address the problem

of child marriage in Asia. They expressed hope that the coalition will be able to

exert influence on government policies in the member states in the future, and

protect the rights of girls on a comprehensive level.

ii. The government assisted ECPAT Taiwan in hosting an international forum on the

sexual exploitation of children and youth on the Internet. Speakers include John

Carr, a senior consultant on child Internet safety for ECPAT International.

Organizers of the forum hoped to introduce the latest international development

and knowledge on the issue to Taiwan, to help Taiwan address the problem of

sexual exploitation of children and youth in the cyber space. Training courses were

also offered to strengthen the skills of law enforcement officers in detecting

various forms of cybercrimes, so that they are able to prevent and control such

crimes more effectively.

iii. The government assisted World Vision Taiwan in launching a child sponsorship

program that encourages Taiwanese to adopt poor children from 13 countries,

including Taiwan’s diplomatic allies in Latin America, Africa and the South

Pacific.

21

iv. The government assisted Taiwan Kiwanis Children’s Foundation, Bliss and

Wisdom Foundation, Taiwanese Women’s Entrepreneurs Association and the Red

Cross Society of the Republic of China (Taiwan) in raising funds to purchase 1,400

stationery sets, which were given as gifts to poor children from Taiwan’s

diplomatic allies in the South Pacific, along with the crayons, pencils, footballs,

erasers, rulers and pencil sharpeners donated by Rotary clubs.

22

 4. International medical assistance projects for the physically and mentally disabled

(Paragraph 203):

Year and Taiwan

Project Name International NGO Project Description

Month NGO

1. The ministry provided 50,000

euros in funding for the

purchase of medical equipment.

Taiwan’s representative office

Project to build in France signed a

a hospital and memorandum of understanding

educational with HESF.

Eden

training center Handicaps 2. HESF spent three years (2009-

2009.12- Social

for children Enfants Sans 2012) building the children’s

2012.12 Welfare

with disabilities Frontiere (HESF) hospital and educational

Foundation

in Tỉnh Hải training center in Tỉnh Hải

Dương, Dương, Vietnam. The ministry

Vietnam. also asked HESF to make it a

priority to cooperate with Eden

Social Welfare Foundation on

education and vocational

training for the disabled.

1. The ministry provided a subsidy

of US$20,000.

2. Medical teams traveled to rural

provinces of Mongolia (with a

TFCF’s

distance of over 700 kilometers

Mongolia Branch

from the capital) to treat

Mongolia Office,

children with cleft lip and

disadvantaged Taiwan Mongolian

palate, perform health checks

children’s Fund for Association for

and nutritional screenings on

2010.12- health, Children Children with

them, and provide health and

2011.12 nutrition and and Cleft Lip and

nutritional supplements for

medical Families Palate, and

children with developmental

services (TFCF) Mongolia’s

delay in these areas. The project

program National Center

also subsidized the costs for

for Maternal and

disadvantaged children to travel

Child Health

to the capital or other countries

for medical treatment. The

project provided funding for

840 children.

1. The ministry provided

Ophthalmic

US$100,000 in funding for the

medical

project.

2012- assistance Orbis Orbis

2. The project included a

2013 program for Taiwan International

children’s eye center and three

children in

sub-centers to treat diseases of

Nepal

the eye. The project provided

23

Year and Taiwan

Project Name International NGO Project Description

Month NGO

training for 14

ophthalmologists. It helped

1,050 children correct their

vision, 320 children undergo

eye surgeries and provided sight

screening services to 120,000

children under the age of 15 in

Kathmandu.

5. International assistance projects on child and youth health, protection and medical care

(Paragraph 230):

Taiwan implemented a project in 2012 and 2013 that encouraged nurses and midwives from

The Gambia to visit Taiwan to receive training in midwifery and learn ways to improve their

health stations, to reduce the mortality rate of pregnant women and newborn babies in The

Gambia.

6. International assistance projects on child and youth educational and vocational training

(Paragraph 266):

The government provided funding to support a rural educational program at the Thailand-

Myanmar border. It also promoted Chinese-language teaching in elementary schools in

Malawi, Lesotho and Swaziland, and participated in a program called Children in Mines and

Quarries: Understand and Act, which was jointly launched by the United Nations Children's

Fund (UNICEF) and Terre des Hommes Lausanne. In addition, the government donated

money to pay for the tuition fees, meals, books, stationary and uniform costs of Burkina Faso

children. It also helped out-of-school children (who are above primary school age) improve

their literacy level and make the back-to-school transition. It also helped reduce the number

of children who are exploited and reduce illiteracy among young people.

7. International child and youth refugees assistance projects (Paragraph 290):

The government has funded the Chinese Association for Human Rights’ Taipei Overseas

Peace Service (TOPS) for four years -- in 2009, 2011, 2013 and 2015. TOPS and The Border

Consortium jointly launched a program to offer nutritious lunch to kindergarten refugee

children at the Thailand-Myanmar border.

24

 8. Important projects between Taiwan and other countries over the past five years in

preventing children from being abducted or trafficked (Paragraph 353):

i. Through the Tamkeen Center for Legal Aid and Human Rights in Jordan, Taiwan was able

to cooperate with anti-human trafficking NGOs in the Middle East and North Africa.

ii. Provided funding to the Garden of Hope Foundation, Chinese Christian Herald Crusades,

and Fullness in Christ Fellowship to set up a shelter for girls in the Cambodian capital of

Phnom Penh.

iii. In 2015, the government donated US$50,000 to the children’s rights NGO Bachpan

Bachao Andolan, which was founded by Nobel Peace Prize Laureate Kailash Satyarthi,

to support the NGO’s program titled “Care and Protection of Survivors of Trafficking

and Forced Labour.”

Source: Ministry of Foreign Affairs & Ministry of Health and Welfare

25

Attachment 1-4 (Paragraph22) Results of CRC Educational Training

Unit: sessions, trainees, NT$

Number of Number of Training

Year Government Agencies Training Trainees Costs

Sessions Held

Judicial Yuan 1 77 4,800

Central-

Ministry of Justice 3 243 800

level

National Palace Museum 2 14 -

2014

Local- Changhua County Government 4 300 54,000

level Pingtung County Government 1 100 146,795

Total 11 734 206,395

Judicial Yuan 12 761 76,800

Control Yuan 1 42 3,200

Ministry of the Interior 3 160 24,000

Ministry of Finance 2 778 5,000

Ministry of Education 2 420 1,015,840

Ministry of Justice 79 1,455 12,800

Ministry of Labor 1 70 3,200

Ministry of Health and Welfare 21 1,100 1,079,387

Ministry of Culture 1 63 3,200

Central-

level Ministry of Science and 1 33 -

Technology

Mainland Affairs Council 2 133 10,000

2015 Veterans Affairs Council 3 143 -

Hakka Affairs Council 1 100 850,000

Public Construction

2 330 -

Commission, Executive Yuan

Directorate-General of

Personnel Administration, 2 199 9,700

Executive Yuan

National Palace Museum 1 8 -

Central Election Commission 1 45 3,600

Taipei City Government 3 103 14,400

New Taipei City Government 1 66 8,200

Local-

Taichung City Government 3 238 48,520

level

Tainan City Government 1 52 15,345

Kaohsiung City Government 3 4,616 528,241

26

 Number of Number of Training

Year Government Agencies Training

Sessions Held Trainees Costs

Yilan County Government 1 16 10,632

Miaoli County Government 2 1,800 600,000

Changhua County Government 43 12,034 959,147

Nantou County Government 64 11,543 -

Chiayi County Government 1 23 -

Pingtung County Government 4 1,220 146,212

Taitung County Government 1 630 -

Hualien County Government 6 1,520 90,000

Keelung City Government 1 50 19,840

Total 269 39,751 5,537,264

Source: Ministry of Health and Welfare

27

28

CHAPTER 3 GENERAL PRINCIPLES

Attachment 3-1 (Paragraph 69) Number of Pregnant Senior High School Students Who

Remain in School

Unit: person, %

Total Number of Pregnant Number of Pregnant Students

School Year Ratio

Students Remaining in School

2012 297 211 71.04

2013 181 164 90.61

2014 295 242 82.03

Source: Ministry of Education

Note: Statistics first compiled in 2012. The 2015 school year ended on July 31, 2016, and statistics

for that year will be available in January 2017.

Attachment 3-2 (Paragraph 74) Number of Live Births and Stillbirths Reported to Authorities

Unit: person

Year Total Births Live Births Stillbirths

2011 200,708 198,387 2,321

2012 237,043 234,575 2,468

2013 197,502 195,251 2,251

2014 214,234 211,734 2,500

2015 216,229 213,714 2,515

Source: Ministry of Health and Welfare

Note: A stillbirth is defined here as a baby born with no signs of life at or after 20 weeks of gestation,

or with a birth weight of at least 500 grams.

Attachment 3-3 (Paragraph 74) Infant Deaths and Mortality Rate

Unit: person, per 100,000 live births

Year Infant Deaths Mortality Rate

2011 832 419.5

2012 860 366.6

2013 767 393.5

2014 761 360.0

2015 881 413.4

Source: Ministry of Health and Welfare

29

 Attachment 3-4 (Paragraph 74) Top 10 Causes of Infant Deaths

Unit: person, per 100,000 live births

2011 2012 2013 2014 2015

Rank Cause of Mortality Cause of Mortality Cause of Mortality Cause of Mortality Cause of Mortality

Deaths Deaths Deaths Deaths Deaths

Death Rate Death Rate Death Rate Death Rate Death Rate

All causes 832 419.5 All causes 860 366.6 All causes 767 393.5 All causes 761 360.0 All causes 881 413.4

Congenital Congenital Congenital Congenital Congenital

malformations, malformations, malformations, malformations, malformations,

deformations deformations deformations deformations deformations

1 209 105.4 194 82.7 165 84.6 148 70.0 180 84.5

and and and and and

chromosomal chromosomal chromosomal chromosomal chromosomal

abnormalities abnormalities abnormalities abnormalities abnormalities

Respiratory Respiratory Respiratory Respiratory Respiratory

conditions conditions conditions conditions conditions

30 2 originating in 134 67.6 originating in 136 58.0 originating in 115 59.0 originating in 102 48.2 originating in 117 54.9

the perinatal the perinatal the perinatal the perinatal the perinatal

period period period period period

Disorders Disorders

Infections Infections

related to length Accidents and related to length

3 specific to the 41 20.7 specific to the 52 22.2 50 25.6 57 27.0 60 28.2

of gestation and adverse effects of gestation and

perinatal period perinatal period

fetal growth fetal growth

Disorders Disorders

Sudden infant

related to length Accidents and related to length Accidents and

4 37 18.7 44 18.8 death syndrome 48 24.6 42 19.9 46 21.6

of gestation and adverse effects of gestation and adverse effects

(SIDS)

fetal growth fetal growth

Sudden infant Infections Infections

Accidents and Accidents and

5 35 17.6 death syndrome 42 17.9 45 23.1 specific to the 32 15.1 specific to the 36 16.9

adverse effects adverse effects

(SIDS) perinatal period perinatal period

Disorders

Sudden infant Infections Sudden infant Sudden infant

related to length

6 death syndrome 34 17.1 40 17.1 specific to the 31 15.9 death syndrome 30 14.2 death syndrome 32 15.0

of gestation and

(SIDS) perinatal period (SIDS) (SIDS)

fetal growth

 2011 2012 2013 2014 2015

Rank Cause of Mortality Cause of Mortality Cause of Mortality Cause of Mortality Cause of Mortality

Deaths Deaths Deaths Deaths Deaths

Death Rate Death Rate Death Rate Death Rate Death Rate

Hemorrhagic Hemorrhagic Hemorrhagic Hemorrhagic

and and Diseases of and and

hematological hematological heart (except hematological hematological

7 28 14.1 29 12.4 22 11.3 23 10.9 28 13.1

disorders of disorders of hypertensive disorders of disorders of

fetuses and fetuses and diseases) fetuses and fetuses and

newborns. newborns. newborns. newborns.

Fetuses and Fetuses and Fetuses and

newborns newborns newborns

affected by the affected by the affected by the Diseases of

mother’s mother’s mother’s heart (except

8 17 8.6 20 8.5 13 6.7 Pneumonia 20 9.5 19 8.9

condition and condition and condition and hypertensive

complications complications complications diseases)

from pregnancy from pregnancy from pregnancy

and childbirth. and childbirth. and childbirth.

31

Diseases of Diseases of

Other disorders heart (except Other disorders heart (except

9 10 5.0 19 8.1 10 5.1 17 8.0 Pneumonia 17 8.0

of brain hypertensive of brain hypertensive

diseases) diseases)

Fetuses and

Hemorrhagic newborns

and affected by the

hematological mother’s Other disorders

10 Sepsis 9 4.5 Pneumonia 13 5.5 10 5.1 17 8.0 14 6.6

disorders of condition and of brain

fetuses and complications

newborns. from pregnancy

and childbirth.

Source: Ministry of Health and Welfare

 Attachment 3-5 (Paragraph 74) Mid-year Populations, Deaths and Mortality Rates of Minors

Unit: person, per 100,000 persons

Mid-year Populations Deaths Mortality Rates by Age Group

Year

Age 0

Age 1-5 Age 6-11 Age 12-17 Age 0 Age 1-5 Age 6-11 Age 12-17 Age 0 Age 1-5 Age 6-11 Age 12-17

(Live births)

2011 198,348 976,708 1,464,462 1,840,738 832 252 178 402 419.5 25.3 11.9 21.6

2012 234,599 971,093 1,365,475 1,824,691 860 247 174 412 366.6 25.4 12.3 22.5

2013 194,939 1,002,640 1,314,475 1,757,526 767 193 180 388 393.5 19.6 13.4 21.7

2014 211,399 1,001,427 1,267,361 1,681,729 761 204 178 326 360.0 20.4 13.8 19.0

2015 213,093 1,010,879 1,251,293 1,634,004 881 203 120 287 413.4 20.1 9.6 17.6

32

Source: Ministry of Health and Welfare

Note: Mid-year population figures were based on the total population at the end of each year compiled by the Ministry of the Interior.

For example, the mid-year population of 2015 = (total population of 2015 at end of year + total population of 2014 at end of

year)/2

Attachment 3-6 (Paragraph 74) Rate of Deaths Caused by Accidents Among Minors

Unit: person, per 100,000 persons

Under the Age of 1 Aged 1 or Over but Under 18

Year

Number of Deaths Mortality Rate Number of Deaths Mortality Rate

2011 35 17.6 252 5.8

2012 44 18.8 246 5.8

2013 45 23.1 224 5.4

2014 57 27.0 218 5.4

2015 46 21.6 205 5.5

Source: Ministry of Health and Welfare

Attachment 3-7 (Paragraph 74) Suicide Rate among Minors

Unit: person, per 100,000 persons

Year Number of Deaths Mortality Rate

2011 24 0.5

2012 30 0.7

2013 20 0.5

2014 14 0.3

2015 23 0.6

Source: Ministry of Health and Welfare

33

34

CHAPTER 5 FAMILY ENVIRONMENT AND ALTERNATIVE CARE

Attachment 5-1 (Paragraph 137) Statistics on Family Education Activities, Family Education

Counseling Hotlines, and Individualized Parenting Educational Services Sponsored by Family

Educational Centers of Local Governments, and Statistics on Parenting Education Services

Sponsored by Social Affairs Departments

Unit: event, person/time, case

Family Education

Family Education Individualized Parenting Parenting Education

Counseling

Activities Educational Services Services

Hotlines

Year

Number of Benefited

Events Beneficiaries Cases Events Beneficiaries

Student Cases Parents

2011 8,996 1,275,028 8,896 415 536 - -

2012 7,221 1,086,561 9,050 572 843 593 21,768

2013 11,965 1,078,509 8,393 550 1,035 1,381 37,994

2014 11,434 721,484 10,333 528 855 864 56,250

2015 17,809 1,227,369 10,315 399 729 1,056 50,976

Sources: Ministry of Education, Ministry of Health and Welfare

Note: Parenting educational services are provided in compliance with the “Implementation Plan of

Allowances for Unemployed Parents with Children under the Age of 2” adopted in 2012. Local

governments receive subsidies to coordinate the resources of civic groups and district offices to

promote parenting education related to the caring of children under the age of 2. No earlier

statistics are available since the program was not in force until 2012.

Attachment 5-2 (Paragraphs 141, 212, 233) Subsidies for Expenses for Early Intervention

Treatment

Unit: person/time, NT$

Year Beneficiaries Subsidies

2011 25,398 90,090,000

2012 27,928 81,081,000

2013 36,229 79,081,000

2014 39,299 45,519,000

2015 44,765 51,510,000

Source: Ministry of Health and Welfare

35

Attachment 5-3 (Paragraphs 141, 233) Statistics on Child Care Services

Unit: person, number of centers

Community-based

Family Child Care Services Institutional Child Care Services

Child Care Services

The Number of Persons Managed Public-Private

Year Public-Private

Private Infant Collaborative

Registered Relatives as Collaborative

Centers Resource Centers

Total Child Care Child Care Infant Centers

for Child Care

Provider Provider

2011 16,419 16,419 - 185 - -

2012 23,167 18,505 4,662 389 13 26

2013 34,199 20,549 13,650 507 46 57

2014 41,849 21,381 20,468 587 72 81

2015 48,681 22,933 25,748 643 92 100

Source: Ministry of Health and Welfare

Note:

1. With the relaxation of child care provider qualifications in 2012, in compliance with the “Protection

of Children and Youths Welfare and Rights Act,” many relatives of minor children have attended

professional training courses and joined centers for family child care services, under the guidance

and management of concerned authorities. Statistics have been compiled since 2012.

2. The “Program of Public-Private Collaborative Infant Centers and Public-Private Collaborative

Resource Centers for Child Care” has been implemented since 2012.

Attachment 5-4 (Paragraphs 141, 233) Statistics on Community-based Care (After-School Care)

for Children and Youth from Disadvantaged Families

Unit: case, NT$, person/time

Community-based Care for Children and After-School Care and Services for Children

Youth from Disadvantaged Families from Single-Parent Families

Year

Services Services

Cases Subsides Cases Subsidies

(person/time) (person/time)

2011 107 37,070,000 336,589 206 19,654,140 224,223

2012 107 36,656,000 343,604 173 19,091,420 181,252

2013 106 47,167,500 254,381 164 19,920,800 231,416

2014 126 34,655,575 740,627 included in the preceding category

2015 58 18,846,400 745,361 Included in the preceding category

Source: Ministry of Health and Welfare

36

Attachment 5-5 (Paragraphs 141, 233) Statistics on Living Assistance to Disadvantaged Children

and Youth

Unit: person, NT$

Year Beneficiaries Subsidies

2011 117,309 1,997,757,320

2012 128,310 2,880,343,461

2013 124,167 2,780,580,199

2014 122,236 2,814,336,672

2015 119,598 2,782,903,686

Source: Ministry of Health and Welfare

Attachment 5-6 (Paragraphs 141, 233) Statistics on Emergency Living Assistance to Disadvantaged

Children and Youth

Unit: person/time, NT$

Persons Covered by Persons Covered by

the High-Risk the Child and Youth Number of Visits

Year Beneficiaries Subsidies

Family Assistance Protection Individual by Social Workers

Program Guidance Program

2011 16,929 1,655 1,466 46,205 344,509,376

2012 16,064 1,233 984 40,125 256,013,007

2013 15,476 1,046 639 37,153 211,812,032

2014 12,452 1,524 805 32,941 169,494,645

2015 7,777 1,124 780 37,691 140,748,853

Source: Ministry of Health and Welfare

37

Attachment 5-7 (Paragraphs 141, 233) Statistics on Assistance for Families in Hardship

Unit: person, NT$

Year Beneficiaries Subsidies

2011 20,834 481,594,793

2012 20,167 448,395,826

2013 19,169 403,033,607

2014 19,033 429,780,346

2015 19,297 420,124,648

Source: Ministry of Health and Welfare

Attachment 5-8 (Paragraphs 141, 233) Statistics on Medical Care Subsidies for Children and

Youth

Unit: person/time, NT$

National Health Insurance Co-payments for National Health Insurance Premiums for

Children Aged 3 or Under Low-To-Middle Income Households

Year

Beneficiaries Subsidies Beneficiaries Subsidies

2011 11,888,577 1,728,339,362 1,905,865 904,837,701

2012 11,838,157 1,771,491,000 2,690,804 1,296,369,948

2013 12,643,044 1,812,616,099 2,299,272 1,246,622,646

2014 12,849,730 1,892,926,761 2,335,347 1,276,914,187

2015 15,453,602 1,856,868,670 1,556,698 951,478,151

Source: Ministry of Health and Welfare

Note: Statistics regarding the National Health Insurance premiums of low-to-middle income households

were generated automatically by the computing system of the National Health Insurance

Administration. The amounts of overpayment recovery and offset balance are not included.

38

Attachment 5-9 (Paragraphs 141, 233) Allowances for Unemployed Parents with Children Under

the Age of 2

Unit: person, NT$

Beneficiaries

Year Subsidies

Total Male Female

2012 212,582 110,543 102,039 4,172,249,926

2013 254,331 132,074 122,257 5,255,001,697

2014 258,436 133,903 124,533 5,110,139,314

2015 255,722 132,621 123,101 5,045,091,349

Source: Ministry of Health and Welfare

Note: The “Implementation Plan of Allowances for Unemployed Parents with Children Under the Age

of 2” has been implemented since 2012.

Attachment 5-10 (Paragraphs 141, 233) Child Care Subsidy for Employed Parents with

Qualified Child Care Providers

Unit: person, NT$

Beneficiaries

Year Subsidies

Total Male Female

2011 23,648 23,648 473,379,100

2012 38,516 38,516 725,601,500

2013 59,370 30,643 28,727 1,135,637,963

2014 62,744 32,376 30,368 1,251,947,003

2015 77,721 40,321 37,400 1,440,218,325

Source: Ministry of Health and Welfare

Note: Statistics by gender was available starting 2013.

39

Attachment 5-11 (Paragraphs 141, 233, 236) Subsidies for After-School Care Classes for

Children

Unit: person/time, NT$

Year Beneficiaries Subsidies

2011 54,514 181,027,783

2012 58,365 201,293,642

2013 64,710 208,552,949

2014 64,309 228,220,686

2015 67,540 226,914,025

Source: Ministry of Education

Note: Care classes are set up by public and private primary schools to provide after-school care and

service to children.

Attachment 5-12 (Paragraphs 141, 233, 236) Statistics on After-School Care and Service Centers

for Children

Unit: number of centers, person

Year Number of Centers Enrollments

2013 789 33,000

2014 807 24,713

2015 793 24,713

Source: Ministry of Education

Note: After-School Care and Service Centers for children are set up by district offices, private persons

or institutions, or civic groups. Since 2013, the Ministry of Education has taken over the

supervision of these centers from the Child Welfare Bureau of the Ministry of the Interior (now

Social and Family Affairs Administration under the Ministry of Health and Welfare).

40

Attachment 5-13 (Paragraphs 141, 233) Statistics on Free Education Plan for 5-Year-Old

Preschoolers

Unit: person/time, NT$

Year Beneficiaries Subsidies

2011 152,850 3,480,477,952

2012 197,024 6,896,148,704

2013 382,957 6,719,616,369

2014 377,655 6,494,907,194

2015 356,137 6,031,109,642

Source: Ministry of Education

Note:

1. The “Free Education Plan for 5-Year-Old Preschoolers” has been fully implemented since August

2011. Related statistics were compiled since August 2011.

2. In compliance with the integration of kindergartens and nursery schools, statistics on the operations

and expenses of nursery schools run by the Ministry of the Interior have been included in the

overall statistics since 2013.

Attachment 5-14 (Paragraphs 141, 233) Statistics on Implementation of “After-School

Supporting Plan for Children of Indigenous Families” and Subsidies for Indigenous Children

Attending Preschool

Unit: class, person, NT$, person/time

“After-School Supporting Plan for Children of Subsidies for Indigenous Children

Indigenous Families” Attending Preschool

Year

Number of

Beneficiaries Subsidies Beneficiaries Subsidies

Classes

2011 - - - 17,291 150,775,054

2012 - - - 18,404 164,672,375

2013 - - - 19,071 170,928,800

2014 22 606 10,080,000 18,017 162,017,650

2015 24 609 9,270,000 18,483 169,080,000

Source: Council of Indigenous Peoples

Note: The “After-School Supporting Plan for Children of Indigenous Families” has been implemented

since 2014.

41

Attachment 5-15 (Paragraphs 141, 233) Statistics on Child Care Facilities or Measures of

Business Entities With More Than 250 Employees

Unit: %

Year Total Setting Up Child Care Facilities Providing Child Care Measures

2011 77.3 4.2 73.1

2012 76.7 4.5 72.2

2013 79.1 4.1 75.0

2014 81.4 4.1 77.3

2015 81.5 4.0 77.4

Source: Ministry of Labor

Attachment 5-16 (Paragraphs 141, 233) Statistics on Parental Leave Allowance

Unit: person, %, NT$

Number of First- Male Female

Approved

Year Time Applicants

Allowances

Approved Persons Percentage Persons Percentage

2011 3,570,769,118 40,498 6,928 17.11 33,570 82.89

2012 4,937,641,697 56,165 8,947 15.93 47,218 84.07

2013 5,898,433,419 62,595 10,308 16.47 52,287 83.53

2014 6,388,104,178 68,301 11,013 16.12 57,288 83.88

2015 8,435,577,308 85,872 14,258 16.60 71,614 83.40

Total 29,230,525,720 313,431 51,454 16.42 261,977 83.58

Source: Ministry of Labor

Note:

1. The allowances were first provided on May 1, 2009.

2. The number of first-time applicants approved: People covered by employment insurance may apply

for unpaid parental leave and a parental leave allowance. The Bureau of Labor Insurance will pay

the allowance monthly for the duration of their parental leave. People who have received their first

month’s allowance are included in the number of first-time applicants approved.

42

Attachment 5-17 (Paragraphs 141, 233) Impact of Special Tax Deductions for Preschool Children

Unit: 10,000 households, NT$100 million

Year Beneficiaries Added Amount of Disposable Income

2012 58.9 7.1

2013 59.2 6.7

2014 59.8 7.0

2015 - -

Source: Fiscal Information Agency, Ministry of Finance

Note:

1. Year in regard is tax year.

2. Statistics for 2012 and 2013 are final. The 2014 figures are preliminary, and data for 2015 are not yet

available.

Attachment 5-18 (Paragraph 152) Number of Visitor and Resident Visas Issued to Foreign

Minors who Are the Children of ROC Nationals With Household Registration in Taiwan

Unit: case

Year TC Visa Issued

2011 458

2012 365

2013 450

2014 460

2015 404

Source: Ministry of Foreign Affairs

43

Attachment 5-19 (Paragraph 161) Statistics on Children and Youth Placed in Placement

Institutions

Unit: institution, bed, person

Number of Number of Beds Number of Placements

Year

Institutions approved Total Male Female

2011 120 4,577 3,609 1,837 1,772

2012 123 4,816 3,549 1,858 1,691

2013 126 4,985 3,542 1,842 1,700

2014 124 4,991 3,501 1,818 1,683

2015 122 5,004 3,471 1,767 1,704

Source: Ministry of Health and Welfare

Note: In recent years, some placement institutions, mostly small with limited number of beds and not

able to balance the operational cost, were closed. On the other hand, some placement institutions

have expanded and newly approved institutions in general have larger capacities. Thus, the

number of institutions has decreased, but the number of beds has increased.

Attachment 5-20 (Paragraph 161) Statistics on Foster Families and Foster Children

Unit: household, person

Number of Children and Youth

Year Households

Total Male Female

2011 1,243 1,802 937 865

2012 1,248 1,835 927 908

2013 1,275 1,804 899 905

2014 1,289 1,743 847 896

2015 1,326 1,662 804 858

Source: Ministry of Health and Welfare

44

Attachment 5-21 (Paragraph 161) Statistics on Children and Youth in Long-term Placement

(Over Two Years)

Unit: person

Number of Persons in

Number of Persons in Placement

Foster Care

Year Age Total Government-

Direct Application

initiated Placement

Subtotal Subtotal Male Female

Male Female Male Female

0-6 294 88 42 19 7 20 206 121 85

6-12 710 492 213 183 48 48 218 119 99

2011

12-18 1,059 942 425 324 101 92 117 51 66

Total 2,063 1,522 680 526 156 160 541 291 250

0-6 284 70 30 14 12 14 214 111 103

6-12 748 519 239 196 38 46 229 129 100

2012

12-18 1,125 997 448 368 89 92 128 55 73

Total 2,157 1,586 717 578 139 152 571 295 276

0-6 306 66 26 16 8 16 240 105 135

6-12 759 491 235 185 38 33 268 144 124

2013

12-18 1,167 1,043 476 387 91 89 124 48 76

Total 2,232 1,600 737 588 137 138 632 297 335

0-6 351 85 40 29 8 8 266 127 139

6-12 781 461 221 175 30 35 320 176 144

2014

12-18 1,275 1,150 542 425 103 80 125 49 76

Total 2,407 1,696 803 629 141 123 711 352 359

0-6 344 74 39 25 5 5 270 118 152

6-12 739 436 215 158 32 31 303 158 145

2015

12-18 1,199 1,090 511 438 65 76 109 43 66

Total 2,282 1,600 765 621 102 112 682 319 363

Source: Ministry of Health and Welfare

Note:

1. Government-initiated Placement: A placement arranged by a local government, including cases of

child protection in compliance with Article 56 of the “Protection of Children and Youths Welfare and

Rights Act” and cases arranged by parents as regulated by Article 62 of the “Protection of Children

and Youths Welfare and Rights Act.”

2. Direct Application: In cases where parents apply directly for placement with the institutions, rather

than through local government agencies, the local authority where the children and youth are

registered is still responsible for providing assistance so that the individual can receive the necessary

treatment and services.

45

 Attachment 5-22 (Paragraph 161) Statistics on Abandoned Babies, Children and Youth

Unit: person

Number of Abandoned Babies Number of Abandoned Children and Youth

Year Total

Subtotal Male Female Subtotal Male Female

2011 282 13 7 6 269 126 143

2012 217 18 12 6 199 112 87

2013 189 12 5 7 177 87 90

2014 106 7 3 4 99 56 43

2015 90 8 3 5 82 43 39

Source: Ministry of Health and Welfare

46

Attachment 5-23 (Paragraph 161) Independent-Living Program for Youth Leaving Foster Care

Unit: person

Number of Number of Number of Number of Youth

Number of Number of Youth Number of Number of Youth Group Activities

Youth Youth Cases of Receiving Processing

Youth Receiving Youth Receiving and Guidance Case

Year Receiving Receiving Subsidized Fees Regarding Social

Receiving Transportation Receiving Miscellaneous and Educational Visits

Rental Living Vocational and Psychological

Rent Subsidies School Fees Fees Training

Deposit Expense Training Assessments

2014 108 28 224 89 89 5 35 14 359 558

2015 158 37 266 103 115 3 54 11 339 645

Total 266 65 490 192 204 8 89 25 698 1,203

Source: Ministry of Health and Welfare

Note: Statistics on the programs are breakdown of various service programs since 2014.

 Attachment 5-24 (Paragraph 171) Statistics on Reasons for Children Being Adopted (Multiple Choices)

Unit: person/time

Unexpected

Child Born Child Not Family Not

Child Born Single Parent Pregnancy Main Caring

of External Abandoned Abused Financial Accepted By Able to

Year Total Out of Wed- With of Families Person In Others

Marital Child Child Difficulties Family Provide Care

lock Difficulties with Many Bad Health

Affairs Members or Education

Children

2012 976 58 28 137 28 155 217 42 79 32 194 6

2013 1,178 12 17 183 33 205 212 71 102 54 228 61

2014 1,232 166 42 58 18 166 265 62 124 31 264 36

2015 1,109 187 8 13 25 202 222 47 109 21 244 31

Source: Ministry of Health and Welfare

Note:

47

1. Statistics have been compiled since June 2012. (New regulations regarding Child Adoption Services have been in force since May 30, 2012.)

2. Source of information are provided by child adoption services providers set up in compliance with regulations specified in Article 16, Paragraph 1, of

the “Protection of Children and Youths Welfare and Rights Act.”

Attachment 5-25 (Paragraph 171) Statistics on Children and Youth of Domestic and Inter-

Country Adoption

Unit: person, %

Domestic Adoption Inter-Country Adoption

Year Total

Number Rate Number Rate

2012 273 80 29.30 193 70.70

2013 266 100 37.59 166 62.41

2014 347 155 44.67 192 55.33

2015 301 143 47.51 158 52.49

Total 1,187 478 40.27 709 59.73

Source: Ministry of Health and Welfare

Note:

1. Statistics have been compiled since June 2012. (New regulations regarding Child Adoption Services

have been in force since May 30, 2012.)

2. Source of information are provided by child adoption services providers set up in compliance with

regulations specified in Article 16, Paragraph 1, of the “Protection of Children and Youths Welfare

and Rights Act.”

Attachment 5-26 (Paragraph 171) Number of Adoptions Approved or Terminated by the Court

Unit: person

Year Approved Adoption Terminated Adoption

2011 2,294 60

2012 2,005 81

2013 1,651 101

2014 1,611 101

2015 1,584 86

Source: Judicial Yuan

48

Attachment 5-27 (Paragraph 171) Inter-country Adoption Cases by Country

Unit: person, %

Year Total U.S.A. Australia Netherlands Canada Germany Sweden Denmark Others

2012 193 79 26 17 8 5 35 4 19

2013 166 82 21 15 3 4 35 3 3

2014 192 73 33 16 11 4 48 3 4

2015 158 53 22 16 8 6 46 2 5

Total 709 287 102 64 30 19 164 12 31

Rate 100 40.4 14.4 9.03 4.24 2.7 23.13 1.7 4.4

Source: Ministry of Health and Welfare

Note:

1. Statistics have been compiled since June 2012 (New regulations regarding Child Adoption Services

have been in force since May 30, 2012.)

2. Source of information are provided by child adoption services providers set up in compliance with

regulations specified in Article 16, Paragraph 1, of the “Protection of Children and Youths Welfare

and Rights Act.”

Attachment 5-28 (Paragraph 172) Number of Cases and People Prosecuted by District

Prosecutors’ Office, in compliance with Articles 241 and 242 of the “Criminal Code”

Unit: case, person

Article 241 of the “Criminal Code” Article 242 of the “Criminal Code”

Year

Cases Persons Cases Persons

2011 20 23 4 5

2012 18 19 2 2

2013 18 20 5 7

2014 37 44 - -

2015 23 24 4 4

Source: Ministry of Justice

49

 Attachment 5-29 (Paragraph 172) Number of Convictions by the District Prosecutors’ Offices, in compliance with Articles 241 and 242 of the

“Criminal Code”

Unit: person

Article 241 of the “Criminal Code” Article 242 of the “Criminal Code”

Sentence Sentence

Year 1 or More 2 or More 1 or More 2 or More

Over 6 Over 6

Total 6 or Less Than 1 Than 2 3 or More Total 6 or Less Than 1 Than 2 3 or More

Months Months

Subtotal Than 6 Year Less Years Less Than 3 Exemption Subtotal Than 6 Year Less Years Less Than 3 Exemption

Less Than Less Than

Months Than 2 Than 3 Years Months Than 2 Than 3 Years

1 Year 1 Year

Years Years Years Years

2011 5 5 1 - 3 - 1 - - - - - - - - -

2012 11 11 1 2 8 - - - 2 2 - - 2 - - -

2013 7 7 1 - 3 2 1 - 1 1 - - 1 - - -

50 2014 15 15 5 3 7 - - - - - - - - - - -

2015 9 9 3 2 4 - - - - - - - - - - -

Source: Ministry of Justice

1. Services of the Missing Children Data Management Center include notification and management of

missing cases, tracking investigation progress and assistance in search, psychological counseling,

advice, resources recommendation.

2. In a missing person case, if the missing person is a minor child taken away by a parent or parents

(or relatives) without authorization, the police upon accepting the case shall inform the National

Immigration Agency to restrict the child’s exit from the country.

3. Personnel of aviation or harbor police units, being informed by the National Immigration Agency

regarding exit ban of a missing child, should have full respect of personal freedom of the party

involved, and handle the situation without effecting regular landings and departures of flights.

4.

(1) If a missing child has entered a country (or area) which has signed a mutual legal assistance

agreement with the ROC, the Ministry of Justice will request assistance in investigation and

collecting evidence.

(2) If a missing child has entered a country which does not have a mutual legal assistance agreement

with the ROC, the court, prosecutor offices, or the Ministry of Justice will request the Ministry

of Foreign Affairs to instruct ROC representative office in that country to contact justice

authorities of that country to provide assistance based on reciprocal principle.

(3) If a missing child has entered Hong Kong or Macau, the Mainland Affairs Council will request

the Department of Hong Kong and Macau Affairs to contact related authorities in Hong Kong

and Macau for assistance.

52

Attachment 5-31 (Paragraph 173) Statistics on Missing Children and Youth of Different Age

Groups Taken Away by Parents (or Relatives) without Official Permission

Unit: person

Year Total 0 to 3 Years of Age 3 to 6 Years of Age 6 to 12 Years of Age 12 to 18 Years of Age

2014 268 75 89 87 17

2015 220 114 34 48 24

Total 488 189 123 135 41

Source: Ministry of Health and Welfare

Note: Statistics have been compiled since January 2014. (The project has been implemented since Jan.

29, 2014.)

Attachment 5-32 (Paragraph 173) Outcomes of Investigations and Searches for Missing Children

and Youth Taken Away by Parents (or Relatives) without Official Permission

Unit: case, household, person

Number of Children and

Notification Number of Missing Children

Year Households Youth Taken Away without

Cases and Youth Recovered

Official Permission

2014 275 224 268 143

2015 245 180 220 184

Total 520 404 488 327

Source: Ministry of Health and Welfare

Note: Statistics have been compiled since January 2014. (The project has been implemented since Jan.

29, 2014.)

53

 Attachment 5-33 (Paragraph 174) Reported Cases of Missing Children and Youth Taken Away by Parents or Relatives without Official

Permission

Unit: case, %

Under the Age of 7 Aged 7 or Over but Under 12 Aged 12 or Over but Under 18

Year Number of People Number of People Number of People

Accepted Cases Accepted Cases Accepted Cases

Recovered Recovery Recovered Recovery Recovered Recovery

Rate Rate Rate

Total Male Female Total Male Female Total Male Female Total Male Female Total Male Female Total Male Female

2011 396 196 200 391 192 199 98.74 206 110 96 206 110 96 100.00 100 42 58 100 42 58 100.00

2012 329 174 155 324 172 152 98.48 142 80 62 141 79 62 99.30 123 53 70 120 53 67 97.56

2013 315 183 132 312 182 130 99.05 167 82 85 165 81 84 98.80 110 41 69 110 41 69 100.00

2014 282 149 133 269 147 122 95.39 137 79 58 133 77 56 97.08 112 59 53 108 57 51 96.43

54 2015 304 151 153 269 130 139 88.49 101 42 59 93 38 55 92.08 110 52 58 105 52 53 95.45

Total 1,626 853 773 1,565 823 742 96.25 753 393 360 738 385 353 98.01 555 247 308 543 245 298 97.84

Source: Ministry of the Interior

 Attachment 5-34 (Paragraph 177) Statistics on People Obligated to Report Abuse or Neglect of Children or Youth and the Number and

Types of Cases Reported

Unit: case, person, %

Sources of Notification (cases) Types of Notifications

Number of Notifications by Personnel Obligated to Issue Them Number of General Notifications

Year Campus Bullying, Sex

Total Immigration House Hold District Office Other Personnel of Litigant Applying for Neighbor or People

Subtotal Police Subtotal Relatives Others Domestic Abuse External Incidents Repeated Reports

Personnel Secretaries

Information Unclear

Medical personnel Social Workers Judicial Personnel Father or mother

Related Affairs Harassment, Drug Abuse

Preschool Educator

Of Community

Child Care Personnel

Help

Educational Personnel

Registration Personnel

2011 28,955 21,115 3,918 5,408 6,971 134 - 3,898 211 - - - 575 7,840 3,004 1,316 1,087 2,008 425 - - - - -

2012 35,823 29,996 4,967 7,487 8,954 155 - 5,978 263 - - 61 2,131 5,827 2,302 1,118 860 1,293 254 - - - - -

55

2013 34,545 30,753 4,480 7,489 7,856 90 - 6,895 254 - - 46 3,643 3,792 1,687 597 512 866 130 - - - - -

2014 49,881 40,220 3,398 10,121 15,411 208 - 10,505 427 - - 39 111 9,661 2,504 1,275 2,480 2,162 1,240 21,042 6,953 5,822 10,580 5,484

2015 53,860 44,383 2,708 11,131 17,636 208 - 11,853 720 - - 57 70 9,477 2,198 1,180 2,660 2,025 1,414 22,048 7,276 6,999 11,477 6,060

Source: Ministry of Health and Welfare

Note:

1. The revised version of the “Protection of Children and Youths Welfare and Rights Act” promulgated on Feb. 4, 2015 added provisions obligating preschool educators,

immigration processing personnel and household registration personnel to report related cases.

2. Article 53 of the “Protection of Children and Youths Welfare and Rights Act” stipulates, personnel obligated to report on cases of children and youth protection are

also obligated to report on child abuse and children or youth using drugs. The same incident may be reported by several types of people.

3. In view of the wide-ranging grounds for reporting cases of children or youth protection in the “Protection of Children and Youths Welfare and Rights Act” and some

overlaps of regulations, to help social workers focus on domestic abuse incidents, the Ministry of Health and Welfare has adopted a system to triage children and

youth protection cases into several categories, including domestic abuse, external incidents, school bullying, sex harassment, and drug abuse. The categorized

statistics have been available since 2014.

 Attachment 5-35 (Paragraph 178) Number of Abused Children or Youth, Types of Abuse, Deaths from Serious Abuse

Unit: person

Total 0 to 3 Years of Age 3 to 6 Years of Age 6 to 9 Years of Age 9 to 12 Years of Age 12 to 15 Years of Age15 to 18 Years of Age

Year

Total Male Female Male Female Male Female Male Female Male Female Male Female Male Female

2011 17,667 8,277 9,390 878 791 1,162 990 1,592 1,339 1,861 1,610 1,698 2,560 1,086 2,100

2012 19,174 9,102 10,072 924 796 1,272 1,011 1,693 1,403 2,038 1,639 1,894 2,921 1,281 2,302

2013 16,322 7,616 8,706 864 735 1,024 875 1,414 1,168 1,677 1,454 1,578 2,455 1,059 2,019

2014 11,589 5,304 6,285 724 608 684 610 1,053 903 1,079 864 1,102 1,765 662 1,535

2015 9,604 4,649 4,955 733 608 677 574 827 673 913 752 955 1,257 544 1,091

Types of Abuse

56 Unit: person/time

Physical or Mental Abuse

Total Abandonment Others

Year Physical Abuse Mental Abuse Sexual Abuse Neglect

Total Male Female Male Female Male Female Male Female Male Female Male Female Male Female

2011 20,253 9,585 10,668 126 143 4,329 3,853 1,058 1,179 346 2,002 1,437 1,291 2,289 2,200

2012 21,488 10,168 11,320 112 87 4,342 3,723 1,156 1,254 367 2,348 1,401 1,200 2,790 2,708

2013 17,649 8,229 9,420 87 90 3,308 2,924 849 970 400 2,096 979 831 2,606 2,509

2014 12,519 5,763 6,756 56 43 2,167 1,779 665 685 303 1,661 651 598 1,921 1,990

2015 10,165 4,948 5,217 43 39 1,845 1,571 546 562 254 1,168 683 569 1,577 1,308

 Deaths from Serious Abuse (including children murdered when parents commit suicide)

Unit: person

Children Murdered by Parents

Year Total Deaths from Serious Abuse Committing Suicide

2011 21 12 9

2012 33 17 16

2013 20 11 9

2014 18 12 6

2015 30 18 12

Source: Ministry of Health and Welfare

57

 Attachment 5-36 (Paragraphs 161, 178) Statistics on Children and Youth Put In Protective Placement

Unit: person/time

Affected Child Emergency Placement Continuous Placement

or Youth Staying with Staying with Staying with Staying with

Total Remaining at Placed in Placed in Others

Year Kinship Foster Institutions Kinship Foster Institutions

Home Families Families Families Families

Total Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female Male Female

2011 17,613 8,246 9,367 6,412 7,191 37 73 175 160 206 302 118 176 338 357 592 687 368 421

2012 19,174 9,102 10,072 7,446 8,307 44 40 203 277 179 246 53 74 299 284 312 393 566 451

2013 16,322 7,616 8,706 6,071 6,737 15 30 109 135 104 186 26 49 183 204 308 376 800 989

2014 12,233 5,639 6,594 4,614 5,302 10 13 189 167 78 138 24 44 201 343 264 351 259 236

2015 11,155 5,542 5,613 4,596 4,436 12 12 64 90 85 116 65 87 205 253 404 494 111 125

Source: Ministry of Health and Welfare

58

 Attachment 5-37 (Paragraph 178) Statistics on Protective Placements Ordered by District (Juvenile and Family) Courts

Unit: case, person

“Protection of Children and Youths Welfare and Rights Act”

Placement Terminated or

Total Continuous Placement Extended Placement Revoked

Year

Cases Total Male Female Cases Total Male Female Cases Total Male Female Cases Total Male Female

2011 2,390 3,035 1,318 1,717 825 1,046 425 621 1,519 1,929 875 1,054 46 60 18 42

2012 2,524 3,401 1,415 1,986 800 1,044 434 610 1,687 2,314 960 1,354 37 43 21 22

2013 2,927 3,863 1,488 2,375 786 1,021 394 627 2,098 2,790 1,072 1,718 43 52 22 30

2014 3,174 4,046 1,608 2,438 711 929 389 540 2,425 3,115 1,217 1,898 38 2 2 0

2015 3,078 3,857 1,557 2,300 667 796 330 466 2,384 3,056 1,227 1,829 27 5 0 5

59 Total 14,093 18,202 7,386 10,816 3,789 4,836 1,972 2,864 10,113 13,204 5,351 7,853 191 162 63 99

Source: Judicial Yuan

Attachment 5-38 (Paragraph 183) Statistics on Services for Children and Youth from High-

Risk Families

Unit: group, person, %

Number of Number of Number of Children and Youth Rate of Cases

Year Groups Social Intake Open Case included in Guidance Being

Workers Families Families Programs Processed

2011 70 172 33,956 18,677 42,552 55

2012 83 220 36,196 27,193 44,772 75

2013 81 226 31,513 24,226 40,378 77

2014 83 224 49,033 24,334 34,764 50

2015 85 232 36,751 22,050 32,193 60

Source: Ministry of Health and Welfare

Note: Ratio of Cases Being Processed= Number of Open Case Families/ Number of Intake Families

X 100%

Attachment 5-39 (Paragraph 184) Initiatives Taken by Authorities to Care for Disadvantaged

Children Aged 6 or Under

Unit: person

Suspected Cases Cases which

of Children Require

No Need

Number of Needing Follow-up Social Cases

for

Children Protection, Assessment Workers to Referred

Year Follow-up Others

Being Authorities of High-Risk Understand to Other

by Social

Cared for Concerned Families Actual Resources

Workers

Taking Initiatives Living

to Investigate Condition

2011 17,523 76 1,269 1,814 967 11,518 1,879

2012 14,478 60 1,442 816 619 10,547 994

2013 17,929 85 801 393 451 15,381 818

2014 22,446 92 587 663 612 19,134 1,358

Cancelled

2015 13,917 58 323 597 11,219 1,720

since 2015

Source: Ministry of Health and Welfare

60

 CHAPTER 6 BASIC HEALTH AND WELFARE

Attachment 6-1 (Paragraph 193) Statistics on Unnatural Deaths of Children and Youth

Unit: person

Deaths from Accidents

Traffic Other

Accidents Unspecified Deaths Deaths

Year Total Accidents Exposure Accidents from from Others

Burning Not Related Suicide Homicide

Auto- Poisoning Falling by Fire Drowning Related to to Natural to Traffic

mobile Breathing Forces Accidents

Accidents and Their

Sequela

2011 344 287 158 148 6 27 7 41 33 1 14 24 15 18

61

2012 376 290 146 139 1 17 13 59 44 - 10 30 29 27

2013 328 269 145 139 4 15 12 41 39 - 13 20 17 22

2014 328 275 136 123 6 14 13 36 52 - 18 14 16 23

2015 272 205 94 83 6 14 11 22 42 1 15 23 31 13

Source: Ministry of Health and Welfare

 Attachment 6-2 (Paragraph 195) Statistics on Children and Youth with Disabilities and Breakdown of Disabilities by Category

Unit: person, %

Category Speech or

Visual Hearing Balance Physical Intellectual Organ

Total Language Face Injury

Disabilities Disabilities Disabilities Disabilities Disabilities Dysfunction

Disabilities

Number Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio

Year

2011 61,833 1,377 2.23 3,427 5.54 38 0.06 1,677 2.71 6,038 9.77 23,228 37.57 3,098 5.01 269 0.44

2012 62,051 1,338 2.16 3,329 5.36 37 0.06 1,449 2.34 5,957 9.60 22,804 36.75 2,940 4.74 179 0.29

2013 59,570 1,243 2.09 3,194 5.36 29 0.05 1,327 2.23 5,726 9.61 20,970 35.20 2,815 4.73 149 0.25

2014 58,737 1,140 1.94 3.158 5.38 34 0.06 1,300 2.21 5,550 9.45 20,182 34.36 2,739 4.66 139 0.24

2015 56,885 1,054 1.85 3,107 5.46 31 0.05 1,393 2.45 5,264 9.25 18,871 33.17 2,620 4.61 140 0.25

62 Category Under the New System,

Persistent Chronic Multiple Refractory Disabilities Caused Disabilities that Cannot

Dementia Autism Other Disabilities

Vegetative State Psychosis Disabilities Epilepsy by Rare Disease be Categorized by the

Old System

Year Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio Number Ratio

2011 63 0.10 7 0.01 8,707 14.08 283 0.46 10,202 16.50 419 0.68 803 1.30 2,197 3.55 - -

2012 59 0.10 15 0.02 9,635 15.53 369 0.59 9,831 15.84 419 0.68 940 1.51 1,994 3.21 756 1.22

2013 65 0.11 24 0.04 9,340 15.68 376 0.63 9,583 16.09 340 0.57 1,030 1.73 1,667 2.80 1,692 2.84

2014 59 0.10 18 0.03 9,069 15.44 344 0.59 9,526 16.22 315 0.54 1,066 1.81 1,503 2.56 2,595 4.42

2015 50 0.09 22 0.04 8,334 14.65 261 0.46 9,820 17.26 276 0.49 1,070 1.88 1.336 2.35 3,236 5.69

Source: Ministry of Health and Welfare

Note: “Ratio” indicates the percentage of people in each disability category compared to the total number of children and youth with disabilities in the

same year.

 Attachment 6-3 (Paragraph 198) Statistics on the Schooling of Children and Youth with Disabilities

Unit: persons with disabilities

Regular Schools Special Education Schools Schooling at Home

School High Level High Level High Level

Year Junior and Junior and Junior

Primary Primary Primary and

Total High Vocational Total High Vocational Total High

Level Level Level Vocational

Level Senior Level Senior Level

Level Level Senior Level

95,885 6,730 1,249

2011 53,435 24,664 17,786 956 1,145 4,629 765 484 0

(2.33%) (0.16%) (0.03%)

98,633 6,670 1,320

2012 55,123 24,778 18,732 932 1,189 4,549 869 451 0

(2.21%) (0.14%) (0.02%)

63

100,752 6,618 1,229

2013 55,471 26,273 19,008 911 1,186 4,521 775 415 39

(2.34%) (0.15%) (0.02%)

101,868 6,353 1,215

2014 55,942 26,633 19,293 886 1,183 4,284 753 412 50

(2.46%) (0.15%) (0.02%)

101,416 6,193 1,170

2015 55,721 26,246 19,449 841 1,076 4,276 707 352 111

(2.51%) (0.15%) (0.02%)

Source: Ministry of Education

Note:

1. Percentage shown in the boxes of “Total” represents percentage of total children and youth attending schools described who have physical or

mental disabilities.

2. The school year in the Republic of China begins in August and ends in July the following year and consists of two semesters. For example, the

2011 school year began in August 2011 and ended in July 2012.

Attachment 6-4 (Paragraph 199) Statistics on Individuals with Disabilities Between the Ages

of 15 and 18 Receiving Vocational Training or Attending Special Vocational Training Classes

Unit: person

Vocational Schools

Year Vocational Training Classes

School of Special

Vocational Senior School

Education

2011 11,517 4,629 36

2012 11,997 4,549 27

2013 12,072 4,521 26

2014 12,279 4,284 37

2015 12,409 4,279 27

Source: Ministry of Labor & Ministry of Education

Note: The number of students with disabilities accept special education in vocational schools,

excluding those in comprehensive school.

64

Attachment 6-5 (Paragraph 200) Statistics on Beneficiaries of Subsidies for People with

Disabilities (including Children and Youth with Disabilities)

Unit: person, person/time, NT$

Subsidies for Living Subsidies for Expenses Subsidies for National

Subsidies for

Year Expenses of Day Care or Health Insurance

Assistive Devices

(monthly, on average) Residential Care Premiums

346,226 persons／ 32,564 persons／ 901,234 persons／

76,289 persons／

2011 NT$16,894,120,000 NT$5,377,800,000 NT$3,801,240,000

NT$721,860,000

(monthly, on average) (monthly, on average) (monthly, on average)

348,484 persons／ 33,779 persons／ 907,962 persons／

77,422 persons ／

2012 NT$20,153,890,000 NT$6,135,800,000 NT$3,905,580,000

NT$728,820,000

(monthly, on average) (monthly, on average) (monthly, on average)

348,316 persons／ 37,298 persons／ 919,209 persons／

70,564 persons／

2013 NT$20,428,200,000 NT$6,135,800,000 NT$3,880,320,000

NT$678,220,000

(monthly, on average) (monthly, on average) (monthly, on average)

350,526 persons／ 39,199 persons／ 927,018 persons／

75,057 persons／

2014 NT$20,527,740,000 NT$7,065,410,000 NT$3,981,910,000

NT$729,240,000

(monthly, on average) (monthly, on average) (monthly, on average)

350,813 persons／ 38,354 persons／ 934,594 persons／

80,148 persons／

2015 NT$20,562,150,000 NT$7,646,630,000 NT$3,998,780,000

NT$766,160,000

(monthly, on average) (monthly, on average) (monthly, on average)

Source: Ministry of Health and Welfare

Note:

1. Subsidies for Living Expenses: For a person with government-issued disability identification /

certification cards who has lived in the address registered at local household registration office

and has resided in the Republic of China for no less than 183 days in the past year, as long as

he/she has not received any of the government subsidies or has not been put in placement,

he/she can receive a monthly subsidy for living expenses, amounting to NT$3,500, NT$4,700,

or NT$8,200, depending on the level of disabilities and financial situation of the family.

2. Subsidies for Expenses of Day Care or Residential Care: For a person having day care or

residential care at nursing facilities, he/she can receive subsidies ranging from 25% to 100% of

the expenses of caring services, depending on the financial situation of the family.

3. Subsidies for Assistive Devices: For those who need assistive devices as assessed and certified

by authorities, the government will provide subsidies ranging from 25% to 100% of the

expenses, depending on the financial situation of the family.

4. Subsidies for Premiums of the National Health Insurance: For people with disabilities, the

government is providing subsidies for the premiums, depending on the level of disabilities. For

those with severe disabilities, the subsidy will fully cover the amount of premiums; for those

with moderate disabilities, covering half; and for those with mild disabilities, 25%.

65

Attachment 6-6 (Paragraph 200) Statistics on Children and Youth with Disabilities

Accommodated in Welfare Institutions

Unit: number of institutions, person

Number of Children and Youth

Approved Actual Number of with Disabilities

Number of

Year Accommodation Persons

Institutions

Capacity Accommodated Male Female

2011 272 23,554 19,023 2,897 1,538

2012 271 23,183 19,092 2,701 1,442

2013 276 24,174 19,467 2,445 1,325

2014 273 23,454 18,967 2,438 1,269

Source: Ministry of Health and Welfare

Note: As of the end of 2014, there were 273 welfare institutions for people with disabilities, with

the capacity of caring for 23,454 persons. So far, the institutions have accommodated 18,967

persons and are available for some 4,000 more persons. The service utilization rate reached

80.8%. Services provided included early intervention services, day care, arts and crafts

courses, live-in caring and nursing, and welfare services. The authorities concerned will

instruct local governments to reinforce their guidance and supervision of the institutions and

to conduct regular assessment. In the meantime, the local governments should recruit and

train professional service personnel so as to upgrade the service quality of welfare

institutions and protect the rights and welfare of physically or mentally disabled persons

(including children and youth with disabilities).

Attachment 6-7 (Paragraph 200) Statistics on Children and Youth with Disabilities

Accommodated in Placement Institutions

Unit: institution, bed, person

Persons Accommodated

Children Aged 6 or

Number of Children or Youth

Number of Under With

Year Beds with Disability

Institutions Developmental

Approved Male Female Identification Cards Delay

Male Female Male Female

2011 120 4,577 1,837 1,772 179 34

2012 123 4,816 1,858 1,691 105 91 30 16

2013 126 4,985 1,842 1,700 101 96 29 21

2014 124 4,991 1,818 1,683 116 101 35 16

Source: Ministry of Health and Welfare

Note: Statistics on the number of people in placement institutions with government-issued disability

identification cards started to include children and youth in 2013.

66

Attachment 6-8 (Paragraph 200) Statistics on Children and Youth with Disabilities in Foster

Care

Unit: person, %

Percentage of

Children and Youth in Children and Youth

Year Total Children and Youth

General with Disabilities

with Disabilities

2011 2,764 2,464 300 11

2012 2,754 2,458 296 11

2013 2,702 2,398 304 11

2014 2,672 2,368 304 11

Source: Ministry of Health and Welfare

Attachment 6-9 (Paragraph 201) Statistics on Supportive Measures for Parents of Disabled

Children and Youth

Unit: person, person/time

Training and Learning Courses for Family

Household Visits

Members

Year

Total Number of Attending

Beneficiaries Beneficiaries

Visits Person/Time

2013 - - 3,994 29,681

2014 - - 5,865 26,264

2015 4,377 47,029 4,820 24,873

Source: Ministry of Health and Welfare

Note: Statistics on household visits were first available in 2015; statistics on training and learning

courses were first available in 2013 as the program began in July 2012.

Attachment 6-10 (Paragraph 206) Utilization Rate of Prenatal Examinations

Unit: %

Percentage of Pregnant

Percentage of Pregnant

Women Using the

Year Average Utilization Rate Women Using the

Examinations At Least Four

Examinations At Least Once

Times

2011 93.1 98.3 96.7

2012 94.0 98.6 97.3

2013 94.3 98.5 97.4

2014 94.3 98.6 97.6

2015 94.8 98.7 97.7

Source: Ministry of Health and Welfare

67

Attachment 6-11 (Paragraph 208) Utilization Rate of Subsidies for Prenatal Genetic

Screening

Unit: case, %

Subsidized Genetic Service Utilization Rate among

Year Cases of Genetic Defects

Screening Cases Pregnant Women (%)

2011 48,531 1,425 24.37

2012 55,808 1,531 26.37

2013 48,764 1,420 26.20

2014 51,421 1,565 25.19

2015 57,471 1,645 27.08

Source: Ministry of Health and Welfare

Note: Since there is no statistics on pregnant women with high risk for genetic defects, the

calculation of utilization rate was based on the number of pregnant women using the second

of the six prenatal examinations provided by the National Health Insurance. (Amniocentesis

is usually done when a woman is between 16 and 18 weeks pregnant, around the time when

a pregnant woman has her second prenatal examination). The Service Utilization Rate is the

ratio of subsidized cases divided by the total number of pregnant women taking the second

prenatal examination.

Attachment 6-12 (Paragraph 210) National Immunization Coverage Rates for Children

Unit: %

Vaccine Measles, Mumps, Varicella Japanese

Hep B DTaP-Hib-IPV

and Rubella Vaccine Vaccine Encephalitis Vaccine

Second Third Third Fourth Single Second Third

First Dose

Year Dose Dose Dose Dose Dose Dose Dose

2011 97.72 96.92 96.68 95.94 98.06 96.81 96.27 92.2

2012 98.27 97.66 97.6 94.57 97.31 97.12 94.96 91.65

2013 97.98 97.44 97.34 96.16 98.28 98.08 96.24 91.64

2014 98.59 98.08 97.91 96.46 98.37 98.14 96.57 92.78

2015 98.47 97.56 97.35 92.43 97.99 97.79 95.8 92.41

Source: Ministry of Health and Welfare

Note: Since 2015, the immunization schedule of the fourth dose of D TaP-Hib-IPV vaccine was

adjusted from 18th months to 27th months.

68

Attachment 6-13 (Paragraph 211) Statistics on Hearing Screening for Newborns

Unit: person, %

Number Number of

Number Return

Number of Who Infants

Number of Referred Rate of

Screening Abnormalities Underwent Identified

Year Persons for Outpatient

Rate Found in Complete with a

Screened Diagnostic Department

Screening Diagnostic Hearing

Follow-up Referral

Assessment Impairment

2012 170,380 89.4 1,763 1,694 801 355 47.3

2013 190,003 97.3 1,935 1,853 1,512 684 81.6

2014 204,641 97.2 2,285 2,180 1,821 777 83.5

2015 208,722 97.8 2,412 2,323 1,940 795 83.5

Source: Ministry of Health and Welfare

Note: In 2010 and 2011, the authorities provided free hearing screening to newborn babies of

financial disadvantaged families. Starting 2012, all newborn babies have been covered by

the universal hearing screening program subsidized by the government.

Attachment 6-14 (Paragraph 211) Statistics on Screening of Congenital Metabolic Disorders

in Newborns

Unit: case, %, person

Year Cases Screened Coverage Rate Cases of Abnormality

Found in Screening

2011 197,789 99.7 3,879

2012 234,072 99.8 4,873

2013 195,032 99.8 3,820

2014 211,272 99.8 4,385

2015 212,717 99.8 4,033

Source: Ministry of Health and Welfare

69

Attachment 6-15 (Paragraph 211) Utilization Rate of Children’s Preventive Health

Checkups over the Past Years

Unit: person/time, %

Service Male Female

Overall

Total

Utilization Utilization Utilization

(person/time) Person/time Person/time

Year Rate Rate Rate

2011 997,220 76.7 501,079 74.0 496,141 79.5

2012 1,106,080 77.4 541,260 74.4 564,820 84.4

2013 1,169,663 82.4 572,427 77.8 597,236 87.4

2014 1,104,160 77.6 536,888 72.9 567,272 82.7

2015 1,117,822 78.3 545,120 73.7 572,702 83.3

Source: Ministry of Health and Welfare

Note: Overall utilization rate = Preventive health checkups (person/times) received by children

under the age of 7 during the year／expected checkups based on estimated mid-year

population of children under the age of 7 (population under the age of 1 x 3 + 1-year-old

population x 2 + 2-year-old population x 1 + [population of 3, 4, 5 and 6 year olds]/4 x 1)

Attachment 6-16 (Paragraph 213) Statistics on Eyesight, Strabismus and Amblyopia

Screening for Preschoolers

Unit: person, %

Item Rate of Those Rate of Those Rate of Those

Number of with with Abnormal Identified with

Number of Rate of

Preschoolers Abnormalities Findings Getting Abnormalities

Preschoolers Screening

Screened Found in First Diagnostic After

Year Screening Assessment Assessment

2011 361,759 352,375 97.4 13.37 98.9 83.2

2012 371,821 356,563 95.9 14.41 98.7 82.41

2013 381,039 359,154 94.3 13.97 98.7 79.24

2014 379,083 361,726 95.4 15.06 99.3 80.12

2015 350,568 349,952 99.8 14.23 99.3 77.32

Source: Ministry of Health and Welfare

70

Attachment 6-17 (Paragraph 232) Number of Children and Youth Covered by National

Health Insurance

Unit: person, %

Item Number of Children and Youth Receiving

Child and Insured Insurance Subsidies for Health Insurance

Youth Children and Coverage

Children and Children and

Population Youth Rate Children and

Youth from Youth from

(A) （B） （B/A） Youth with

Indigenous Disadvantaged

Year Disabilities

Families Families

2011 4,469,350 4,372,574 97.83 55,911 38,361 1,574

2012 4,380,203 4,284,598 97.82 53,531 35,288 1,654

2013 4,258,385 4,172,990 97.99 52,426 33,932 1,126

2014 4,149,792 4,067,729 98.02 50,197 33,602 1,270

2015 4,043,357 3,961,311 97.97 50,700 32,796 1,113

Source: Ministry of Health and Welfare

Note: Article 3 of the “Regulations For Subsidizing Life Assistance As Well As Nursery And

Medical Expenses Of Disadvantaged Children and Youth” stipulates that children and youth

who are qualified to receive subsidies include: 1)children and youth from low-to-middle

income households; 2) children and youth, as well as their offspring, who are suffering

difficulties resulting from pregnancies or births; and 3) children and youth evaluated by

competent authorities of the county (city) government who are being raised by people who

cannot raise them, or do not have anybody to raise them, or the people responsible for

raising them cannot afford to maintain their livelihoods.

71

 Attachment 6-18 (Paragraph 232) Number of Beneficiaries Aged 18 or Under Receiving National Pension Payments as Surviving Family

Members and the Total Amount of the Payments

Unit: person, NT$

Item Amount of Surviving Family Pension

Ratio of Beneficiaries Aged 18

Beneficiaries in the Year Beneficiaries Aged 18 or Under Payments Received by Beneficiaries

or Under to Total Beneficiaries

Aged 18 or Under

Male Female

Year Total(T) Male(A) Female(B) Total (t) Male (a) Female (b) Total (t/T) Total Male Female

(a/A) (b/B)

2011 43,720 17,294 26,426 12,118 6,552 5,566 27.72% 37.89% 21.06% 205,225,924 110,076,561 95,149,363

2012 57,771 22,644 35,127 15,232 8,294 6,938 26.37% 36.63% 19.75% 314,619,482 173,989,708 140,629,774

2013 70,743 27,163 43,580 17,662 9,605 8,057 24.97% 35.36% 18.49% 375,837,759 207,131,007 168,706,752

2014 82,884 31,247 51,637 19,492 10,579 8,913 23.52% 33.86% 17.26% 422,807,111 232,542,260 190,264,851

72 2015 94,043 34,735 59,308 20,715 11,263 9,452 22.03% 32.43% 15.94% 454,456,564 249,545,673 204,910,891

Total 349,161 133,083 216,078 85,219 46,293 38,926 24.92% 35.23% 18.5% 354,589,368 194,657,042 159,932,326

Source: Ministry of Health and Welfare

Note:

1. Any beneficiary receiving national pension payments as surviving family members is included in the statistics of the year, even if he/she has

received the payment for just one month.

2. A beneficiary, no matter how many months he/she has received the monthly payment in the year, is counted as one person in the yearly statistics.

 Attachment 6-19 (Paragraph 234) Statistics on Children and Youth of Low-Income and Low-To-Middle Income Households

Unit: person, %

Impoverished Population Persons Aged 18 or over

Children and Youth from Children and Youth from In Low-Income and

Child and Youth Population (Low-Income and Low-To-Middle Income Low-To-Middle Income

Low-Income Households Low-to-Middle Income Households

Households) Households

Total

(Persons Persons

Aged18 Persons

Youth or over Aged

Children Aged

Total of years In over 18

Children Youth of of Low- 18 or

(Low-Income Low-To- Total Total Low- Low- Years

Of Low- Low- To- over

and Low-To- Low-Income Middle (Children and Youth of (Children and Youth Of To- Income In Low-

Income income Middle Years In

Middle Households Income Low-Income Low-To-Middle Income Middle And To-

Total House- House- Income Low-

Income Households Households) Households) Income Low- Middle

Year Popula- holds holds House- Income

Total Households) House- To- Income

tion holds Middle House-

(Children holds Income House-

Children Youth holds

And House- holds

Youth) holds)

Percentage to Overall Percentage to Overall Percentage to Overall

73 Persons Persons Persons Persons Child and Youth Persons Persons Persons Child and Youth Impoverished Persons Persons Persons Persons Persons

Percentage Percentage Percentage Percentage

Population Population Population

2011 23,224,912 4,469,350 2,628,612 1,840,738 434,324 1.87 314,282 1.36 120,042 0.51 125,759 2.81 28.95 57,619 68,140 55,171 1.23 12.7 34,406 20,765 253,394 188,523 64,871

2012 23,315,822 4,380,203 2,555,512 1,824,691 639,465 2.74 357,446 1.54 282,019 1.20 141,428 3.25 22.11 64,219 77,209 124,421 2.84 19.45 75,315 49,106 373,616 216,018 157,598

2013 23,373,517 4,258,385 2,500,859 1,757,526 696,156 2.98 361,765 1.55 334,391 1.43 139,428 3.27 21.91 62,475 76,953 141,896 3.33 20.38 81,555 60,341 414,802 222,337 192,495

2014 23,433,753 4,149,792 2,468,063 1,681,729 706,852 3.02 357,722 1.53 349,130 1.49 132,289 3.19 18.71 59,012 73,277 140,668 3.39 19.9 78,762 61,906 433,895 225,433 208,462

2015 23,492,074 4,043,357 2,457,079 1,586,278 698,675 3.01 342,490 1.46 356,185 1.55 123,020 3.04 17.38 54,825 68,195 138,314 3.42 19.54 75,790 62,524 437,341 219,470 217,871

Source: Ministry of Health and Welfare

Note:

1. A low-income household is a household in which the average monthly income per person in the household falls below the minimum cost of living in the region as set by local

authorities, and total household assets do not exceed the amount of assets used by local authorities to define a low-income household.

2. A low-to-middle income household is a household in which the average monthly income per person in the household falls below 1.5 times the minimum cost of living in

the region as set by local authorities, and total household assets do not exceed the amount of assets used by local authorities to define a low-to-middle income household.

 Attachment 6-20 (Paragraph 235) Statistics on Child Care Services for Children Under the Age of 2

Unit: person, number of centers, %

Community-based

Family Child Care Services Institutional Child Care Services

Child Care Services

Number of

Public-Private

Children Child Care

Family Child Care Provider Private Infant Centers Collaborative Infant

Year under Two Public-Private Services

Centers

Years Collaborative Coverage

of Age Number of Child Number of Number of Number of Number of Number of Resources Centers

for Child Care

Care Providers Children Infant Children Infant Children

(including Relatives) Cared For Centers Cared For Centers Cared For

2011 356,415 16,419 25,509 185 3,391 - - - 8.11

2012 419,670 23,167 35,348 389 5,960 13 785 26 10.03

2013 421,039 34,199 33,841 507 9,847 46 1,515 57 10.74

74

2014 396,866 41,849 36,099 587 9,273 72 2,733 81 12.12

2015 415,762 48,681 41,983 643 10,338 92 3,162 100 13.34

Source: Ministry of Health and Welfare

Note: The “Program of Public-Private Collaborative Infant Centers and Public-Private Collaborative Resource Centers for Child Care” has been

implemented since 2012.

Attachment 6-21 (Paragraph 235) Number of Children Between the Ages of 2 and 5

Attending Preschools

Unit: person

Age

Total 2-year-old 3-year-old 4-year-old 5-year-old

School

Year

2011 189,792 2,931 14,210 75,462 97,189

2012 459,653 28,204 80,296 159,502 191,651

2013 448,189 24,554 75,315 155,713 192,607

2014 444,457 29,358 83,124 145,153 186,822

2015 462,115 32,478 103,569 155,485 170,583

Source: Ministry of Education

Note:

1. The age of a child is calculated according to the individual’s age on Sept. 1 of the year they enroll

in school.

2. Statistics for 2011 only cover the number of children in kindergartens.

Attachment 6-22 (Paragraph 237) Statistics on Subsidies to Business Entities for Child Care

Facilities or Measures

Unit: business entities, NT$

Item

Number of Business Entities

Total Amount of Subsidies

Year Receiving Subsidies

2011 81 7,535,000

2012 96 6,915,000

2013 99 8,769,000

2014 104 5,701,000

2015 106 6,470,000

Total 486 35,390,000

Source: Ministry of Labor

75

 Attachment 6-23 (Paragraph 239) Statistics on Households Receiving Interest Subsidies for Mortgages and Rental Subsidies

Unit: household

Persons Under the Victim of

Family with Age of 25 with Domestic Three-

Violence or Families in Single-Parent

Year Types of Services Total Three or More No Place to Go Generation

Sexual Assault Hardship Family

Minor Children After Completing and His/Her Family

Placement Children

Interest Subsidies for

682 - - 6 - 676 -

2011 Mortgages

Rental Subsidies 17,595 - - 179 - 17,416 -

Interest Subsidies for

512 - - 6 - 506 -

2012 Mortgages

Rental Subsidies 9,246 - - 67 - 9,179 -

Interest Subsidies for

76

342 195 0 11 23 - 113

2013 Mortgages

Rental Subsidies 9,007 5,040 17 160 548 - 3,242

Interest Subsidies for

454 246 0 8 31 - 169

2014 Mortgages

Rental Subsidies 10,555 5,459 10 134 809 - 4,143

Interest Subsidies for

501 255 0 6 38 - 202

2015 Mortgages

Rental Subsidies 11,515 5,625 1 140 826 - 4,923

Interest Subsidies for

2,491 696 0 37 92 1,182 484

Total Mortgages

Rental Subsidies 57,918 16,124 28 680 2,183 26,595 12,308

Source: Ministry of the Interior

Note:

1. In 2011 and 2012, the various categories of households were classified in accordance with the “Regulations regarding Housing Subsidies.”

2. The “Housing Act” was promulgated on Dec. 30, 2011, and put into force on Dec. 30, 2012. Categories of households have been regulated by the

“Housing Act” since 2013.

CHAPTER 7 EDUCATION, LEISURE AND CULTURAL ACTIVITIES

Attachment 7-1 (Paragraph 241) Statistics on Participation in Non-School-Based

Experimental Education

Unit: person/time

Junior High

School Year Total Primary Schools High Schools

Schools

2011 1,651 937 636 78

2012 1,860 1,252 403 205

2013 2,264 1,508 492 264

2014 2,823 1,907 641 275

2015 3,460 2,408 857 195

Source: Ministry of Education

Attachment 7-2 (Paragraph 241) Number of Formal Employed Teachers and the Student-

Teacher Ratio in Primary and Junior High Schools

Unit: person, ratio

Number of Full-time Teachers Student-Teacher Ratio

School

Year Junior High Junior High

Primary Schools Primary Schools

Schools Schools

2011 98,559 51,200 14.78 13.74

2012 97,466 51,872 14.09 13.00

2013 97,436 52,451 13.31 12.50

2014 98,580 52,154 12.70 12.07

2015 97,374 50,394 12.47 11.51

Source: Ministry of Education

77

Attachment 7-3 (Paragraph 241) Number of Full-Time and Part-Time Substitute Teachers

in Primary and Junior High Schools

Unit: person

Number of Substitute Teachers

School Year

Primary Schools Junior High Schools

2011 8,946 4,942

2012 9,345 4,932

2013 10,107 5,063

2014 11,173 5,056

Source: Ministry of Education

Note: Source of statistics is the “Annual Report on Teacher Cultivation Statistics.” The 2015

statistics are not available, since the 2015 annual report is not published yet.

Attachment 7-4 (Paragraph 241) Average Enrollment Rates at Different Level of Education

Unit: %

Percentage of Senior High School Graduates

Percentage of Percentage of General Senior High

School

Primary School Junior High School Schools and Skill-Based Senior

Year

Graduates Graduates Comprehensive High High Schools

Schools

2011 99.91 97.67 94.67 81.91

2012 99.91 99.15 94.75 83.51

2013 99.85 99.39 95.50 81.10

2014 99.95 99.52 95.70 81.01

2015 99.99 99.59 95.51 80.11

Source: Ministry of Education

Attachment 7-5 (Paragraph 246) The Enrollment Rate of 5-Year-Old Preschoolers

Unit: %

School Year Enrollment Rate

2011 94.50

2012 94.68

2013 93.74

2014 96.18

2015 96.05

Source: Ministry of Education

78

Attachment 7-6 (Paragraph 247) Tuition Fees for the 2015 School Year at Senior High

Schools

Unit: NT$

Public or Private

School Category

Public Private

General Senior High School, Comprehensive

6,240 12,170 ~22,800

Senior High School

Skill-Based Agriculture, Industry,

Senior High Commerce, Marine

School, Science, Home 5,400 13,220~22,530

Cooperative Economics, Health Care

Education Management

Programs Based

on Rotations Arts 6,240 25,730~33,560

Applied Technologies 5,400 13,220~22,530

Further Education Programs (including

3,700 13,220~21,230

Applied Technologies)

Source: Ministry of Education

79

 Attachment 7-7 (Paragraph 250) Statistics on the Number of Students of Senior High School and Higher Levels Applying for Student Loans

and the Amount of Loans Granted

Unit: person/time, person, NT$

School Senior High Schools Universities and Colleges

Item Total

Year Subtotal Public Private Subtotal Public Private

Loans

Person/time

709,981 81,279 11,715 69,564 628,702 127,019 501,683

Persons Granted

2011 Loans

395,896 47,440 6,984 40,456 348,456 71,357 277,099

Amount of Loans 26,522,819,318 850,033,474 95,582,291 754,451,183 25,672,785,844 3,656,636,118 22,016,149,726

Loans

Person/time

664,895 56,303 8,479 47,824 608,592 122,774 485,818

Persons Granted

80 2012 Loans

367,728 33,064 5,078 27,986 334,664 66,859 267,805

Amount of Loans 25,783,981,110 677,376,796 82,432,442 594,944,354 25,106,604,314 3,568,447,409 21,538,156,905

Loans

Person/time

621,476 40,772 6,468 34,304 580,704 116,562 464,142

Persons Granted

2013 Loans

341,738 24,017 3,818 20,199 317,721 63,284 254,437

Amount of Loans 24,731,787,803 540,944,458 71,548,983 469,395,475 24,190,843,345 3,400,742,102 20,790,101,243

Loans

Person/time

575,353 29,189 4,398 24,791 546,164 109,394 436,770

Persons Granted

2014 Loans

319,254 17,590 2,661 14,929 301,664 59,798 241,866

Amount of Loans 23,374,774,587 386,600,671 53,327,034 333,273,637 22,988,173,916 3,194,603,683 19,793,570,233

Source: Ministry of Education

Attachment 7-8 (Paragraph 253) Statistics on Dropouts from Elementary and Junior High

Schools and Dropout Rate

Unit: person, %

School Year Number of Dropouts Dropout Rate

2011 1,071 0.046

2012 818 0.037

2013 676 0.032

2014 661 0.032

Source: Ministry of Education

Note:

1. The number of dropouts of the year is based on records of dropouts who have not returned to

school in July after the conclusion of a school year.

2. Dropout rate=number of dropouts in July after the conclusion of a school year / total of primary

school and junior high school students x 100%

Attachment 7-9 (Paragraph 253) Statistics on Senior High School Students Discontinuing

Schooling Rate

Unit: person, %

Number of Students Rate of Students Discontinuing

School Year

Discontinuing Schooling Schooling

2011 14,019 1.559

2012 25,115 2.818

2013 25,322 2.941

2014 23,444 2.863

Source: Ministry of Education

Note:

1. The number of students discontinuing schooling include cases of student absenteeism

(students missing school for more than three days), leaving school without a trace, transferring

from a school but not enrolling in a new school, suspending schooling, giving up student

status, failing academic performance, and reaching the ceiling of schooling years.

2. Rate of Students Discontinuing Schooling = number of students discontinuing schooling during

the school year / total number of senior high school students x 100%

3. A notification system for students discontinuing schooling was set up on April 18, 2011 for

schools to report on such cases.

81

Attachment 7-10 (Paragraph 256) Statistics on Confirmed Cases of Bullying in Schools

Unit: person/time, case

Gender

Level of School Identity Locations

(person/time)

Primary School Regular Students

Municipalities

Junior High Senior High Students with Indigenous

Year

Cities and

Female

Directly under

Male

School School special needs

the Central Counties

Students

Government

2013 587 201 55 123 26 713 20 55 146 58

2014 577 195 83 126 29 700 34 38 157 81

2015 487 168 72 111 21 585 24 46 121 83

Source: Ministry of Education

Note: The classified statistics have been available since 2012. The number of bullied students

totaled 2,215, of whom 1,651 were male, and 564 were female.

Attachment 7-11 (Paragraph 263) Statistics on Participants in Various Training Projects

Unit: person, %

Aged 15 or Over but Under18 Aged 15 or Over but Under 29

Overall

Year Number of Percentage of Percentage of

Number of Number of

Participants Overall Overall

Participants Participants

Participants Participants

2011 8,544 583 6.82 7,961 93.18

2012 11,394 464 4.07 10,930 95.93

2013 12,094 382 3.16 11,712 96.84

2014 14,621 379 2.59 14,242 97.41

2015 15,144 433 2.86 14,711 97.14

Source: Ministry of Labor

Note: The various training projects include “Industry-Academia Training Cooperation Program,”

“Dual System of Vocational Training Project in Taiwan,” “Youth’s Employment Ultimate

Plan” and “Mentoring Training Project” which are open to youth aged 15 or over but under

29.

82

Attachment 7-12 (Paragraph 264) Implementation of “Youth On Light Project”

Unit: person

Participants

Target Number of

Year Participants in the Project Accomplishing the

Participants

Training

2011 345 415 351

2012 295 339 305

2013 225 247 219

2014 302 333 303

2015 257 268 -

Source: Ministry of Education

Note:

1. Since 2014, the program has been implemented in step with the junior high school year. In 2014,

the program was implemented between July 2014 and June 2015.

2. The project was renamed “Caring and Assistance Program for Youths Neither Enrolled nor

Employed” since May 2016.

Attachment 7-13 (Paragraph 266) Statistics of Teachers and Students Participating in

International Exchange Programs

Unit: school, %

Schools Percentage of Percentages of Various Levels of Schools

Participating in Overall Number

Year International of Primary and

Exchange Junior High Primary Junior High Senior High

Programs Schools School School School

2011 1,189 32.20 22.58 30.63 64.48

2012 1,232 32.51 24.36 33.09 64.60

2013 1,329 32.12 26.59 38.98 64.96

2014 1,390 33.69 28.27 42.66 64.20

2015 1,399 33.86 12.97 28.62 50.95

Source: Ministry of Education

83

84

CHAPTER 8 SPECIAL PROTECTIVE MEASURES

Attachment 8-1 (Paragraph 295) Statistics on Placement of Children and Youth in

Institutions in Compliance with Article 52 of the “Protection of Children and Youths

Welfare and Rights Act”

Unit: person

Year Total Male Female

2013 47 32 15

2014 27 17 10

2015 34 24 10

Source: Ministry of Health and Welfare

Note: The table shows statistics since 2013.

85

 Attachment 8-2 (Paragraphs 297, 301) Statistics on Child and Juvenile Criminal Offenders and Status Offenders Investigated By District Courts

Unit: person

Handed Over to Prosecutors Not Forwarded to the Court

(In Compliance with Article 27 of (In Compliance with Article 28 and Article 29 of

the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”) Others

Child and

Youth Criminal Minor Offense Not Forwarded to the Court In Process of Court Trial

Committing A Crime (including cases of transfer

Year Offenders and Total Reaching the Age of Case Should not be

Status of a Minimum Five- Committing A

Offenders Subtotal 20 When Case in Subtotal Forwarded to the Transferred Sent to be jurisdiction, assisting in

year Imprisonment Subtotal Others (see attachment 8-3)

Serious Crime Warning

Court Counseling Disciplined searching, and merged cases)

Term Court

Total 22,881 339 271 45 23 5,630 2,819 2,811 86 2,197 527 1 14,648 2,264

Youth Criminal

19,211 339 271 45 23 4,821 2,385 2,436 75 1,886 474 1 12,094 1,957

Offenders

86 2011

Youth Status

3,063 - - - - 477 361 116 5 82 29 - 2,318 268

Offenders

Child Criminal

607 - - - - 332 73 259 6 229 24 - 236 39

Offenders

Total 26,139 330 292 27 11 6,492 3,390 3,102 123 2,401 578 - 16,355 2,962

Youth Criminal

20,777 329 292 26 11 5,185 2,575 2,610 73 2,027 510 - 12,891 2,372

Offenders

2012

Youth Status

4,544 1 - 1 - 864 704 160 19 102 39 - 3,141 538

Offenders

Child Criminal

818 - - - - 443 111 332 31 272 29 - 323 52

Offenders

Total 26,155 432 341 70 21 6,572 3,724 2,848 97 2,182 569 - 16,227 2,924

2013

Youth Criminal

19,318 432 341 70 21 5,017 2,709 2,308 79 1,766 463 - 11,699 2,170

Offenders

 Handed Over to Prosecutors Not Forwarded to the Court

(In Compliance with Article 27 of (In Compliance with Article 28 and Article 29 of

the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”) Others

Child and

Youth Criminal Minor Offense Not Forwarded to the Court In Process of Court Trial

Committing A Crime (including cases of transfer

Year Offenders and Total Reaching the Age of Case Should not be

Status of a Minimum Five- Committing A

Offenders Subtotal 20 When Case in Subtotal Forwarded to the Transferred Sent to be jurisdiction, assisting in

year Imprisonment Subtotal Others (see attachment 8-3)

Serious Crime Warning

Court Counseling Disciplined searching, and merged cases)

Term Court

Youth Status

6,037 - - - - 1,134 916 218 6 149 63 - 4,214 689

Offenders

Child Criminal

800 - - - - 421 99 322 12 267 43 - 314 65

Offenders

Total 22,441 245 173 63 9 5,827 3,256 2,571 112 1,944 515 - 13,514 2,855

87 Youth Criminal

17,773 245 173 63 9 4,615 2,526 2,089 90 1,567 432 - 10,636 2,277

Offenders

2014

Youth Status

3,822 - - - - 757 627 130 6 93 31 - 2,555 510

Offenders

Child Criminal

846 - - - - 455 103 352 16 284 52 - 323 68

Offenders

Total 21,811 276 203 66 7 5,543 3,239 2,304 85 1,775 444 - 13,233 2,759

Youth Criminal

17,049 276 203 66 7 4,382 2,492 1,890 52 1,449 389 - 10,089 2,302

Offenders

2015

Youth Status

4,076 - - - - 751 636 115 7 83 25 - 2,924 401

Offenders

Child Criminal

686 - - - - 410 111 299 26 243 30 - 220 56

Offenders

Source: Judicial Yuan

 Note:

1. Investigation: The court, upon accepting a case of juvenile delinquency, will start the investigation process.

2. Regulations regarding youth status criminals were first stated in the “Juvenile Delinquency Act” in 1962. Currently, Article 3 of the Act stipulates

that youth status offenders include those frequently associated to people with criminal habits, frequently present at places unsuitable for juveniles,

frequently skipping school or running away from home, participating in gangs, carrying knives or weapons without a valid reason, taking or

injecting narcotics of psychedelic drugs other than anesthetics, intending to commit an offense, or attempting to commit an offense, which are not

punishable by criminal law.

88

 Attachment 8-3 (Paragraphs 297, 301) Statistics on Results of Court Trials on Child and Juvenile Protection Cases

Unit: person

Handed Over to Prosecutors Cases in which Protective Cases in which Protective Measures Applied

(In Compliance with Article 40 Measures not Applied

of (In Compliance with Article 41 of (In Compliance with Article 42 of

the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”)

Others

Child and Protective

Youth Warning

Measures

Criminal (including cases of transfer

Year Total

Offenders and Committing A Crime of a

Status Reaching the Age of 20 Committing Case should not be Case Not Suitable to be Warning and Live Protective

Offenders Subtotal Minimum Five-year Jail Subtotal Others Subtotal Protective Discipline and

jurisdiction, assisting in searching,

Warning Counseling Session Community

A Serious Crime Discipline

Service Order and merged cases)

Placement Counseling

forwarded to the Court

Reformatory Education

When Case in Court forwarded to Court

Term on Holidays

Total 14,208 66 57 7 2 123 105 16 2 12,987 2,231 4,120 4,960 761 155 760 1,032

89 Youth Criminal

11,678 66 57 7 2 117 101 14 2 10,840 1,918 3,540 4,003 595 128 656 655

Offenders

2011

Youth Status

2,299 - - - - 5 3 2 - 1,929 216 519 912 162 18 102 365

Offenders

Child Criminal

231 - - - - 1 1 - - 218 97 61 45 4 9 2 12

Offenders

Total 15,899 123 116 1 6 220 188 31 1 14,160 2,441 4,396 5,443 914 151 815 1,396

Youth Criminal

12,620 123 116 1 6 203 181 21 1 11,418 2,079 3,590 4,244 712 120 673 876

Offenders

2012

Youth Status

2,982 - - - - 11 2 9 - 2,472 254 738 1,120 200 19 141 499

Offenders

Child Criminal

297 - - - - 6 5 1 - 270 108 68 79 2 12 1 21

Offenders

Total 15,686 98 87 2 9 201 175 20 6 13,938 2,349 4,166 5,440 1,013 161 809 1,449

2013

Youth Criminal

11,374 98 87 2 9 191 171 14 6 10,425 1,903 3,229 3,871 674 113 635 660

Offenders

 Handed Over to Prosecutors Cases in which Protective

(In Compliance with Article 40 Measures not Applied Cases in which Protective Measures Applied

of (In Compliance with Article 41 of (In Compliance with Article 42 of

the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”) the “Juvenile Delinquency Act”)

Others

Child and Protective

Youth Warning

Measures

Criminal (including cases of transfer

Year Total

Offenders and Committing A Crime of a

Status Reaching the Age of 20 Committing Case should not be Case Not Suitable to be Warning and Live Protective

Offenders Subtotal Minimum Five-year Jail Subtotal Others Subtotal Protective Discipline and

jurisdiction, assisting in searching,

Warning Counseling Session Community

A Serious Crime Discipline

Service Order and merged cases)

Placement Counseling

forwarded to the Court

Reformatory Education

When Case in Court forwarded to Court

Term on Holidays

Youth Status

4,012 - - - - 6 - 6 - 3,251 338 881 1,496 338 25 173 755

Offenders

Child Criminal

300 - - - - 4 4 - - 262 108 56 73 1 23 1 34

Offenders

Total 13,021 67 60 6 1 150 119 31 - 11,721 2,054 3,412 4,469 931 193 662 1,083

90

Youth Criminal

10,184 67 60 6 1 131 112 19 - 9,426 1,777 2,825 3,452 696 152 524 560

Offenders

2014

Youth Status

2,548 - - - - 14 2 12 - 2,038 166 529 947 235 24 137 496

Offenders

Child Criminal

289 - - - - 5 5 - - 257 111 58 70 - 17 1 27

Offenders

Total 12,514 75 64 3 8 138 124 13 1 10,838 1,806 2,901 4,461 828 154 688 1,463

Youth Criminal

9,519 75 64 3 8 129 119 9 1 8,638 1,529 2,402 3,417 624 118 548 677

Offenders

2015

Youth Status

2,787 - - - - 6 3 3 - 2,006 189 461 988 203 26 139 775

Offenders

Child Criminal

208 - - - - 3 2 1 - 194 88 38 56 1 10 1 11

Offenders

Source: Judicial Yuan

Note: The court, upon the conclusion of an investigation, will undertake trials of cases considered appropriate for a court trial.

 Attachment 8-4 (Paragraph 310) Statistics on Correctional Counseling Measures for Children and Youth at Correctional Institutions

Unit: person

Item School

Connecting Children

Religious Instructions and Follow-up Transfers or

Visits for Family Members Developing Skills and Youth to Special

Individual Counseling Counseling Resumptions

Education Resources

Year of Schooling

17 vocational training and

verification classes, 396

2011 - - trainees; 11 short-term - - -

vocational training programs,

218 trainees.

1. 1. A total of 2,609 sessions of 18 vocational training and

religious instruction attended verification classes attended by

Family Visitations attended

2012 by 69,392 person/times. 420 trainees; 14 short-term - - -

by 2,352 person/times

2. 2. Individual counseling to training programs attended by

17,418 person/times 257 trainees.

91 1. 1. A total of 1,517 religious 18 vocational training and

instructions attended by verification classes attended by

Family Visitations attended

2013 48,572 person/times. 425 trainees; 16 short-term - - -

by 4,562 person/times

2. 2. Individual counseling to training programs attended by

13,026 person/times 319 trainees.

1. Family Visitations attended

by 6,956 person/times 1. A total of 2,283 religious 17 vocational training and

2. Juvenile-Family Meetings instructions attended by verification classes, 381

A total of 847 A total of 153

2014 attended by 8,575 49,732 person/times. trainees; 19 short-term -

youth youth

person/times (juveniles) 2. Individual counseling to vocational training programs,

and 8,462 person/times 14,709 person/times 366 trainees.

(family members)

1. Family Visitations attended Getting special

by 5,134person/times 1. A total of 2,378 religious 23 vocational training and education teachers,

2. Juvenile-Family Meetings instructions attended by verification classes, 529 one from Department

A total of 822

2015 attended by person/times 52,298 person/times. trainees; 19 short-term of Education of 183 youth

youth

(juveniles) and 9,357 2. Individual counseling to vocational training programs, Taoyuan City

person/times (family 18,871person/times 395 trainees. Government, two from

members) Changhua Special

 Item School

Connecting Children

Religious Instructions and Follow-up Transfers or

Visits for Family Members Developing Skills and Youth to Special

Individual Counseling Counseling Resumptions

Education Resources

Year of Schooling

Education School, and

one from Hsinchu

Special Education

Resources Center, to

assist in counseling

courses.

Source: Ministry of Justice

Note: Statistics of Family Visitations are available since 2012; Family Visitations and Juvenile-Family Meetings, since 2014; Religious Instructions

and Individual Counseling, since 2012; Connecting Children and Youth to Special Education Resources, since 2015; Follow-up Counseling by

phone, since 2014; School Transfers or Resumptions of Schooling, since 2014.

92

Attachment 8-5 (Paragraph 313) Statistics on the Number of Juveniles in Correctional

Institutions for Committing Sexual Assaults

Unit: person

Chengjheng

High School Ming Yang High

Taoyuan Changhua

(for juveniles School (for

Year Total Reform Reform

under protective juvenile criminal

School School

offenders)

placement）

2011 52 - - - 52

2012 165 36 37 27 65

2013 174 31 43 30 70

2014 168 27 43 34 64

2015 146 30 27 29 60

Source: Ministry of Justice

Note:

1. Definition of juvenile sexual assault offender: A juvenile who has committed the crime of sexual

assault (forced sexual conduct against the will of the victim) as stipulated in Article 2, Paragraph

1, of the “Sexual Assault Crime Prevention Act,” which is in violation of Articles 221 to 227,

Article 228, Article 229, Article 332,Paragraph 2-2, Article 334,Paragraph 2-2, and Article 348,

Paragraph 2-1 of the “Criminal Code.”

2. Evaluation of punishments for juvenile sexual assault offenders, as stipulated in Article 20 of the

revised “Sexual Assault Crime Prevention Act” which was promulgated on Jan. 1, 2012. No

statistics of students in reform institutions in 2011.

93

Attachment 8-6 (Paragraph 314) Referrals of Juvenile upon Completing Reformatory

Education, Concluding or Being Exempted from the Follow-up Counseling Program

Unit: person

Referrals after completion, Referrals after completion,

Year termination or exemption of termination or exemption of reform

placement counseling education

2011 - 9

2012 - 473

2013 53 737

2014 117 942

2015 76 706

Total 246 2,867

Source: Ministry of Health and Welfare

Note:

1. Article 68, Paragraph 1 of the revised “Protection of Children and Youths Welfare and Rights

Act” promulgated on Nov. 30, 2011 stipulates that local governments should follow up and

provide guidance to a juvenile and his/her family for at least one year after the completion,

termination or exemption of placement counseling or reform education.

2. The government started in 2013 to compile statistics of cases of referral after completion or

exemption of placement counseling.

Attachment 8-7 (Paragraph 315) Statistics on Employment Services for Juveniles Leaving

Correctional Institutions (Including Recommendations by Correctional Institutions and

Services Provided by Public and Private Agencies)

Unit: person

Number of Juveniles Provided Number of Juveniles who Received

Year

Employment Services Introductions to Job Opportunities

2011 37 19

2012 81 42

2013 195 80

2014 158 64

2015 247 73

Source: Ministry of Labor

94

Attachment 8-8 (Paragraph 317) Statistics on Employment Services for Disadvantaged Youth

Unit: person

Number of Youth Provided Number of Youth who Received

Year

Employment Services Introductions to Job Opportunities

2011 416 209

2012 438 172

2013 584 285

2014 558 279

2015 217 103

Source: Ministry of Labor

Note: Definition of disadvantageous youth: A youth aged 15 or over but under 24 who is not

attending school or not being employed after graduating from junior high school, or a youth

living in remote areas or from a high-risk family.

95

Attachment 8-9 (Paragraph 324) Results of Inspections of Working Conditions Faced by

Students in Part-time Jobs and Apprentices Engaged in Cooperative Education

Unit: time, %, case

Rate of Penalty Fine Cases Sent to the

Total Number of Number of

Year Categories Reported for Reported Authority for

Inspections Violations

Violations Violation Investigation

Special Part-time

Student Job 50 30 60.00 29 1

Inspection

2011

Apprentice of

Cooperative

50 31 62.00 31 -

Education Case

Special Inspection

Special Part-time

Student Job 100 38 38.00 38 -

Inspection

2012

Apprentice of

Cooperative

50 20 40.00 20 -

Education Case

Special Inspection

Special Part-time

Student Job 100 58 58.00 58 -

Inspection

2013

Apprentice of

Cooperative

60 29 48.33 29 -

Education Case

Special Inspection

Special Part-time

Student Job 100 42 42.00 42 -

Inspection

2014

Apprentice of

Cooperative

60 19 31.67 19 -

Education Case

Special Inspection

Special Part-time

Student Job 175 54 30.86 53 1

Inspection

2015

Apprentice of

Cooperative

60 16 26.67 16 -

Education Case

Special Inspection

Source: Ministry of Labor

96

Attachment 8-10 (Paragraph 330) Statistics on Juvenile Narcotics-Related Criminal

Offenders Compiled by the National Police Agency, Ministry of the Interior

Unit: person, %

Percentage of Juvenile

All Narcotics-related Juvenile Narcotics-related

Year Narcotics-related

Criminal Conduct Criminal Conduct

Criminal Conduct

2011 48,875 1,317 2.69

2012 47,043 1,655 3.52

2013 43,268 1,519 3.51

2014 41,265 1,381 3.35

2015 54,112 1,986 3.67

Source: National Police Agency, Ministry of the Interior

Note:

1. All narcotics-related criminal conducts include criminal conducts involving category 1-4 narcotics.

2. Juvenile narcotics-related criminal conduct includes criminal conduct involving category 1-4

narcotics (trafficking, transfer, etc.) but does not include juveniles facing administrative penalties

for using category 3 and category 4 narcotics as well as juvenile status offenders.

97

 Attachment 8-11 (Paragraph 330) Statistics on Juveniles Involved in Criminal and Protection Cases for Violations of the “Narcotics Hazards

Prevention Act” and for Using or Injecting Non-Opioid Drugs or Anesthetics Other Than Ecstasy

Unit: person

Criminal Cases in Violation of the Protection Cases in Violation of the

“Narcotic Hazards Prevention Act” “Narcotic Hazards Prevention Act”

Cases of Using

or Injecting Non-

Production Production Production Production

Year Production Production Opioid Drugs or

Transporting Transporting and Transporting Transporting Narcotics

Transporting Narcotics Transporting Narcotics Anesthetic Other

and Selling of Selling of and Selling of and Selling of (Using or

and Selling of (Others) and Selling of (Others) Than Ecstasy

Category One Category Two Category One Category One Injecting)

Narcotics Narcotics

Narcotics Narcotic Narcotics Narcotics

2011 3 37 143 1 - 2 26 568 288 1,670

2012 1 41 185 2 - 6 33 547 280 2,205

98 2013 3 40 187 - - 2 29 542 464 2,989

2014 5 24 208 - 1 4 22 439 313 1,801

2015 2 22 113 1 - 4 20 609 338 1,752

Source: Judicial Yuan

Note: Statistics of court orders of protection cases shown here are numbers of ordered protective discipline cases.

Attachment 8-12 (Paragraph 330) Statistics on Juveniles Ordered to Receive Rehabilitation

Treatment for Using Category One or Category Two Narcotics

Unit: person

Category

Juvenile Narcotics Rehabilitation

Narcotics Rehabilitation Center

Center

Year

2011 6 169

2012 5 133

2013 8 102

2014 8 123

2015 1 73

Source: Ministry of Justice

Attachment 8-13 (Paragraph 332) Statistics on Drug-Using Students Reported by Schools

Unit: person

Senior High

Primary Junior High Universities

Year Total and Vocational

Schools Schools and Colleges

Schools

2011 1,810 3 598 1,174 35

2012 2,432 8 855 1,503 66

Male 1,639 8 459 1,072 100

2013

Female 382 2 182 185 13

Male 1,266 6 354 839 67

2014

Female 434 2 228 192 12

Male 1,354 4 404 856 90

2015

Female 395 3 196 173 23

Source: Ministry of Education

Note:

1. Drug Abuse: using drugs that are classified as narcotics in the “Narcotic Hazards Prevention

Act” not for medical purpose and not prescribed by medical doctors.

2. Statistics by gender have been available since 2013.

99

Attachment 8-14 (Paragraph 334) Number of Drug Suspects Arrested, Including Arrests of

Minors. Reported by the Coast Guard Administration, Executive Yuan

Unit: case, person

Year Cases Uncovered Persons Uncovered Suspects under the Age of 18

2011 373 767 5

2012 314 563 5

2013 212 384 2

2014 227 435 3

2015 201 349 3

Source: Coast Guard Administration, Executive Yuan

Note: Cases (types of offense) include possession, sale, and transportation of narcotics.

Attachment 8-15 (Paragraph 334) Conclusion of Investigations of District Court

Prosecutors’ Offices on Cases of Drug Production, Selling and Transporting

Unit: person

Not to be

Indictment Prosecuted

Indictments

after Requests Deferred

Year Category Total Others

Normal for Prosecution Ex

Juvenile General

Summary Officio

Court Judgment

Procedures

Juvenile 253 235 1 - - 10 7

2011

Aged 18 or 10,344 7,479 - - - 1,672 1,193

over

Juvenile 261 232 - - - 12 17

2012

Aged 18 or

over 9,954 7,063 1 - - 1,699 1,191

Juvenile 313 293 - 1 - 14 5

2013

Aged 18 or

over 10,088 7,151 - 1 1 1,696 1,239

Juvenile 194 171 - - - 14 9

2014

Aged 18 or 8,896 6,059 1 - - 1,673 1,163

over

Juvenile 178 158 - - - 9 11

2015

Aged 18 or

over 8,340 5,606 - - 6 1,766 962

Source: Ministry of Justice

Note: Pursuant to Article 27 of the “Juvenile Delinquency Act,” a juvenile criminal offender is a

person aged 14 or over but under 18 who has violated criminal law and the criminal offense

is for a minimum punishment of 5 years of imprisonment; a criminal offender who has

reached the age of 20 while the court action is pending; a juvenile whose offense is found

serious by a juvenile court and forwarded to the prosecutors’ office. Protective cases are not

included.

100

Attachment 8-16 (Paragraph 336) Statistics on the Number of Cases of Sex Trade of

Children and Youth, Suspects Arrested and Child and Youth Victims Rescued by the Police

Unit: case, person

Suspects of Sex Child and Youth

Year Case

Exploitation Victims Rescued

2011 726 793 506

2012 1,014 1,304 403

2013 1,282 1,564 424

2014 1,399 1,585 458

2015 1,145 1,478 439

Source: Ministry of the Interior

Note:

1. Statistics of cases and suspects in violation of Articles 22 to 29 of the “Child and Youth Sex

Trade Prevention Act” uncovered by the police.

(1) Article 22: Any person, who engages in sexual intercourse with a minor under the age of

16, or a youth over the aged 16 or over but under 18 in exchange for considerations, shall

be punished.

(2) Article 23: Any person, who seduces or shelters a child or youth under the age of 18 to

have the children or youth engage in sexual intercourse in exchange for considerations,

shall be punished.

(3) Article 24: Any person, who by means of violence, coercion, intimidation or control with

drugs or hypnosis to cause a child or youth under the age of 18 to engage in sexual

intercourse in exchange for considerations, shall be punished.

(4) Article 25: Any person, who trades another person or makes another person a pledge to

cause a child or youth to engage in sexual intercourse in exchange for considerations,

shall be punished.

(5) Article 26: Any person, who has committed the crimes of Article 24 or Article 25 and

causes death or seriously harm to the victim, shall be punished. (guilty of aggravated

assaults)

(6) Article 27: Any person, who films a child or youth under the age of 18 engaging in sexual

intercourse or obscene acts, or produces objects showing a child or youth under the age of

18 engaging in sexual intercourse or obscene acts, shall be punished.

(7) Article 28: Any person, who spreads or sells objects showing sexual intercourse or

obscene acts, shall be punished.

(8) Article 29: Any person, who uses propaganda material to seduce or arrange for another

person to engage in sexual intercourse, shall be punished.

2. The statistics of child and youth victims rescued are based on police uncovered cases of sex

trade or suspected sex trade involving child and youth under the age of 18.

101

Attachment 8-17 (Paragraph 336) Statistics on Clients and Facilitators of Sex Trade

Uncovered by the Police

Unit: case, person

Client Facilitators

Year

Cases Persons Cases Persons

2011 277 297 138 295

2012 363 387 141 270

2013 454 543 148 271

2014 494 514 136 245

2015 288 303 170 353

Source: Ministry of the Interior

Note:

1. Statistics of clients are based on cases uncovered by police involving sex with minors under

the age of 16, or over the age of 16 but under the age of 18, in violation of Article 22 of the

“Child and Youth Sex Trade Prevention Act,” which have been forwarded to prosecutors’

offices.

2. Statistics of facilitators of sex trade, who by seducing, sheltering, recruiting, arranging,

assisting or using other means causes a juvenile under the age of 18 to engage in sexual

intercourse in exchange for money or other considerations, in violation of Article 23 of the

“Child and Youth Sex Trade Prevention Act,” are based on cases uncovered by the police and

forwarded to prosecutors’ offices.

102

 Attachment 8-18 (Paragraph 336) Statistics on Cases in Violation of the “Child and Youth Sex Trade Prevention Act” Processed by District

Court Prosecutors’ Offices

Unit: case, person

Indictment(Inc

luding Request

Conclusion of Deferred Not to be

Cases Accepted for Investigation for Sentencing

Investigation Prosecution Prosecuted

and Summary

Judgment)

Category

Cases Handed Cases Handed Cases Handed

Cases Handed Self-initiated Other

Over by Other

Total Over by Coast Over by Military Cases Cases Cases Cases

Complaint Prosecution Surrender Prosecuting Sources Persons Persons Persons Persons

Number of Cases Convicted

Over by Police Guard Agencies reporting

Number of Offenders Convicted

Police

2011 700 - - - 630 1 3 27 1 38 633 927 219 393 163 175 203 289 201 253

103 2012 894 - - - 764 - 2 77 4 47 806 1,173 273 425 205 226 241 394 252 321

2013 1,227 2 - - 1,040 - 5 106 5 69 1,154 1,442 397 516 310 335 298 409 354 391

2014 1,159 4 - - 1,029 - 1 70 6 49 1,179 1,364 326 397 308 323 442 518 394 439

2015 925 - - - 808 - 1 58 1 57 950 1,146 272 348 247 253 348 448 296 318

Source: Ministry of Justice

Note:

Reasons that some figures of Attachment 8-18 are different from those of Attachment 8-16:

1. Time gap between statistics compiled by police authorities on dates of uncovering the cases and statistics compiled by prosecutors’ offices on

dates when cases were transferred for investigation by prosecutors.

2. Difference between cases uncovered and cases transferred: The police shall forward uncovered cases to juvenile courts, not prosecutors’ offices,

when children and youth are involved in the cases, since minors under the age of 14 will not face penalty and those aged 14 or over but under 18

will only be transferred to prosecutors’ offices when judges find that the criminal conduct is subject to criminal disposal.

3. Prosecutorial statistics of the Ministry of Justice are based on the category of criminal conduct listed on documents of transfer, but the police

administration may have a different classification system. If several categories of criminal conduct are listed in the document of transfer, only one

will be entered into the statistical count.

 Attachment 8-19 (Paragraph 339) Statistics on Protection Placement Approved by District Courts (Juvenile Courts and Family Courts) in

Accordance with the “Child and Youth Sex Trade Prevention Act”

Unit: case, person

Placement at Temporary or Placement Terminated or

Total Continuous Placement Extended Placement

Proper Shelters Revoked

Year Persons Persons Persons Persons Persons

Cases Cases Cases Cases Cases

Subtotal Male Female Subtotal Male Female Subtotal Male Female Subtotal Male Female Subtotal Male Female

2011 749 780 22 758 470 494 14 480 99 102 2 100 46 47 3 44 134 137 3 134

2012 674 701 23 678 398 411 17 394 108 112 0 112 51 58 2 56 117 120 4 116

2013 613 635 51 584 338 348 24 324 115 117 8 109 57 65 13 52 103 105 6 99

2014 603 518 42 476 346 346 28 318 81 84 7 77 73 85 7 78 103 3 0 3

104 2015 670 467 28 535 396 397 18 379 73 70 2 68 73 96 8 88 128 0 0 0

Total 3,309 3,197 166 3,031 1,948 1,996 101 1,895 476 485 19 466 300 351 33 318 585 365 13 352

Source: Judicial Yuan

Attachment 8-20 (Paragraph 340) Number of Students at Transition Schools Jointly Operated

by Social Welfare Institutions and Local Authorities

Unit: person

Adolescents’ Home, Ministry of Health Yunlin Education and Nursing Institution,

Year

and Welfare Ministry of Health and Welfare

2011 70 24

2012 51 26

2013 45 27

2014 38 23

2015 30 17

Source: Ministry of Health and Welfare

Note: The two schools only accept female students

Attachment 8-21 (Paragraph 340) Number of Students in Independently Operated Transition

Schools

Unit: person

School New Taipei Municipal

Kaohsiung Municipal Hualien County Nanping

Fongjhu Elementary and

Year Nanzih Special School High School

Junior School

2011 41 130 32

2012 54 109 24

2013 36 92 25

2014 21 82 69

2015 14 80 75

Source: Ministry of Education

105

Attachment 8-22 (Paragraph 340) Overview of Services at Transition Schools in 2015

Unit: person, hour

Skill Employment Other Counseling

School Counseling

Verification Counseling Services

44 persons receive

45 in junior high schools, psychological

Adolescents’ 24 finished compulsory counseling (577

15 finding

Home, Ministry education, 47 in vocational 78 person/times person/times), 2,925

employment

of Health and high school special classes, in 9 categories person/times

outside school

Welfare 55 in vocational skill supplementary

classes education, 2,192

schooling hours

11 finished compulsory

Yunlin

education, 6 attending

Education and 4 attending

community-based

Nursing psychological

schooling program, 9 56 person/times

Institution, counseling.

attending non-residence in 6 categories

Ministry of 18 attending academic

schooling program, 1

Health and counseling

attending special primary

Welfare

level courses

67 person/times of

New Taipei

psychological

Municipal

One person in One on leave for counseling10

Fongjhu

one category employment person/times of

Elementary and

parent-child

Junior School

counseling

Kaohsiung

80 person/times attending 15 psychological

Municipal 36 person/times

junior high and vocational evaluation cases, 78

Nanzih Special in 5 categories

high school courses receiving counseling

School

11 person/times of junior 301 person/times of

Hualien

high level, 46 person/times 20 person/times individual counseling

County Nanping

of vocational high school in 5 categories 20 parent-child

High School

level meetings

Source: Ministry of Health and Welfare

Note: Extracted from the “Implementation Report of Child and Youth Sexual Exploitation

Prevention’s” section on transition school general services.

106

Attachment 8-23 (Paragraph 342) Number of Students Returning Home After Attending

Transition Schools

Unit: person

Year Persons

2011 155

2012 109

2013 103

2014 100

2015 Still being compiled

Source: Ministry of Health and Welfare

Attachment 8-24 (Paragraph 346) Number of Child or Youth Trafficking Victims Uncovered

by Judicial Police Authorities and Transferred for Protection

Unit: person

Year Persons

2011 80

2012 97

2013 87

2014 80

2015 90

Source: Ministry of the Interior

107

Attachment 8-25 (Paragraph 357) Statistics on Subsidies for Multicultural and Native

Language Learning Programs for New Immigrants and Their Children Provided by the “New

Immigrants Development Fund”

Unit: case, NT$

Item National New

Native Language

Total Multi-culture Immigrant Torch

Learning

Project

Year Amount of Amount of Amount of Amount of

Cases Cases Cases Cases

Subsidy Subsidy Subsidy Subsidy

2011 66 11,307,219 64 11,105,479 2 201,740 - -

2012 48 164,381,856 44 11,774,785 3 401,080 1 152,205,991

2013 42 161,375,092 33 8,147,250 8 5,386,828 1 147,841,014

2014 26 168,194,963 19 5,855,680 6 4,777,668 1 157,561,615

2015 21 8,072,447 12 3,175,420 9 4,897,027 - -

Source: Ministry of the Interior

Note: The National New Immigrant Torch Project aims at providing subsidies to the National

Immigration Agency and the Ministry of Education for sponsoring multi-cultural and native

language learning programs for new immigrants and their children.

Attachment 8-26 (Paragraph 361) Number of Classes in which Local Dialects Taught and

Participating Students

Unit: class, person

Language

Class Students

Total Min Nan Hakka Aboriginal Total Min Nan Hakka

Aboriginal

School Language Language Language

Year Language

2011 70,988 52,973 9,033 8,982 1,498,813 1,294,734 153,645 50,434

2012 73,217 53,722 9,603 9,892 1,419,787 1,214,367 155,238 50,182

2013 73,456 53,395 9,822 10,239 1,356,687 1,162,370 144,920 49,397

2014 76,031 55,553 10,491 9,987 1,311,766 1,122,024 142,024 47,718

Source: Ministry of Education

108

Attachment 8-27 (Paragraph 363) Statistics on Mongolian and Tibetan Language Classes in

Junior and Senior High Schools

Unit: person, %

Number of Mongolian and Number of Children and Percentage of Children and

Year Tibetan Children and Youth Benefited by the Youth Benefited by the

Youth Language Programs Language Programs

2011 143 27 18.88

2012 143 14 9.79

2013 131 22 16.79

2014 138 14 10.14

2015 149 26 17.45

Source: Mongolian and Tibetan Affairs Commission

Attachment 8-28 (Paragraph 364) Statistics on Hakka Language Proficiency Certification

Achieved by Children and Youth Aged 19 or Under

Unit: person, %

Medium and Medium-High Levels

Small Child Hakka Language Basic Hakka Language

Hakka Language

Year

Percentage Percentage

Number of Number of Number of Number of Number of Number of Percentage

of of

Applicants Qualified Applicants Qualified Applicants Qualified of Qualified

Qualified Qualified

2012 3,024 2,439 80.65 10,789 4,539 51.78 4,657 2,728 74.95

2013 3,713 3,389 91.27 8,613 2,642 36.53 3,936 1,852 53.45

2014 5,010 4,570 91.22 6,919 1,986 33.60 3,451 1,975 67.94

2015 5,548 5,007 90.25 7,731 4,140 62.58 2,787 1,529 65.29

Source: Hakka Affairs Council

109