A study on unregistered children in Taiwan : A focus on whose mothers are migrant workers

• Main Authors: YI-CHI-LIN, 林怡綺
• Other Authors: Ying-Chun-LIN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/kadb7t

碩士 === 中央警察大學 === 外事警察研究所 === 106 === With the increase of the number of migrant workers in Taiwan, the number of migrant workers who escaped each year is also growing. If a migrant worker who escaped and abandoned a child in Taiwan, or has not yet applied for an alien's residence permit to her child, the child will become unregistered children in Taiwan. This article divides the unregistered children into two types: one is abandoned by the birth mother called unaccompanied children, and the other is children hidden by birth father or mother called accompanied children. Those children are recognized as a foreign nationality in accordance with the Nationality Law of Taiwan. The unaccompanied children could not obtain the nationality of their mother’s origin country for the reason of their mother has lost association. The accompanied children do not have any identity for the reason of the birth mother whose status is an escaped migrant worker, and be fear of being repatriated, so not helping children to apply for identity in Taiwan. Both children have no nationality and status, resulting in no nationality, health and education rights in Taiwan. This study first explored what reasons cause to the unregistered children by the literature discussion, followed by a description about their situations. Then understand about the aspect and difficulties of the unregistered children. Finally, it outlines the international and domestic regulations for the protection of unregistered children, and discusses the rights of children. It is based on examining the legal basis and problems in Taiwan when it comes to dealing with unregistered children. The research method was qualitative in-depth interviews. The interviewers included migrants, social and households organizations, and non-governmental organizations. A total of seven people were interviewed. This study attempts to use the viewpoint of “children’s welfare” human rights, supplemented by “nationality system” and “immigration management”. The study concluded that the acquisition of related rights and interests in unregistered children in Taiwan had to be based on the premise of having nationality or residence. If children have a legal right of residence in Taiwan or nationality of the country, their right to health and education are generally similar to those of the people. At present, the problems related to the status of citizenship, health, and education rights have generally been resolved. Only the Ministry of Internal Affairs has determined that foreign children. It is necessary to wait until the mother is found to be returned to the country to formally acquire foreign nationality. Therefore, during the waiting period, the child can only be certified as a temporary residence permit.It is not a formal nationality status. In addition, children with relatives who do not have nationality in Taiwan and there is no legal right of residence. Therefore, they do not have the rights to health and education. And because the parents of children did not turn to the government for help, the government could not know there situation and where they are, so there was no entry point to solve the problem. There is a dilemma of children’s rights and interests in Taiwan that the government must pay attention to. It is suggested that the government should develop a strategy for eradicating problems from the introduction of the foreign workers transfer system and the phenomenon of escape from Taiwan, and solve the predicament of the unregistered children in Taiwan, in the best interests of them.