| Summary: | 碩士 === 東吳大學 === 法律學系 === 98 === Abstract
In regard to domestic violence, child abuse is a serious social problem. This study aimed at probing into the importance of protection of children’s rights and government legislation and policy implementation on child protection. The legal remedies for child abuse in Taiwan and the United States are compared to find out the ongoing child protection policy implementation and whether the domestic laws and regulations are inadequate or there are omissions in order to propose suggestions for future legislation and policy implementation.
The children’s rights to begin with, child abuse in violation of the basic rights, the protective measures taken when a child is abused by a family member, the U.S. Model Code on Domestic and Family Violence, the Child Abuse Prevention and Treatment Act, and the U.S. California Family Code (the Domestic Violence Prevention Act) are discussed which serve as reference for analysis and comparison of the children’s protection laws in Taiwan (such as the Domestic Violence Prevention Act, the Children And Youth Welfare Act, the Child and Youth Sexual Transaction Prevention Act and so on).
In the overall framework, Chapter One covers an overview of the history and development of domestic violence and the definition, types, and causes of child abuse in order to elaborate on the correlation between domestic violence and child abuse and the impact of domestic violence on children. And the domestic implementation of children protection is briefly analyzed. In Chapter Two, the important child protection legislations in Taiwan and the United States are compiled to compare the differences between the two countries on the legal norms. In Chapter 3, the Geneva Declaration of the Rights of the Child and the Convention on the Rights of the Child serve as the basis for interpretation of children’s rights and a brief discussion of the legislation against child abuse in the United States, and the implementation of the fundamental rights of children. In Chapter 4, the content of parental rights, termination of parental rights, and the correlation between parental right abuse and child abuse are outlined to discuss professionals’ duty to report child abuse cases, the importance of child abuse prevention, and the regulations related to launching the guardianship system following declaration of parental rights termination. In Chapter 5, with the “Civil Protection Order” as the focus, the Domestic Violence Prevention Act in Taiwan, the U.S. Model Code on Domestic and Family Violence, and the regulation of the Civil Protection Order stipulated in the U.S. California Family Code following incidences of domestic violation are introduced, which cover types, reliefs, petitions, and issuances of protection orders and the legal protection when protection orders are violated. Finally, the legal systems in the United States and Taiwan are analyzed and compared. In Chapter 6, the study findings and suggestions are summed up.
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