Research on the Legal System of the Treatment and Prevention of Child Abuse

• Main Authors: LI, HSING-JUNG, 李欣蓉
• Other Authors: LIAO, TSUNG-SHENG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/3pdzpp

碩士 === 國立中正大學 === 法律學系碩士在職專班 === 107 === Abstract Child abuse incidents have been increased in recent years. According to the data of the Department of the Ministry of Health and Welfare, the high-risk victims of child abuse are pre-school children under the age of six years old. The main abusers are their parents. The main cause is that these abusers are lack of parenting knowledge. First of all, this thesis explores the evolution of children's rights. The Convention on the Rights of the Child clearly declares that children are the holders of all the rights enshrined in the Convention. States parties are the subjects of obligation to protect children's rights. Because of the lack of ability for complete conduct of children to enjoy their full rights, Article 4 of the Convention obliges states parties to “undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention.” Meanwhile, the native family is the most suitable environment for the child to grow up, and parents are the most suitable candidates for parenting. Therefore, states parties shall guarantee family integrity and parental rights. However, when parents abuse their parental rights or don’t fulfill their parental obligations in the event of child abuse, states parties need to protect the rights of the abused child and can limit parental rights based on the concept of“parens patriae.” At present, the protection system for the child abuse in Taiwan mainly focus on the treatment after child abuse incidence happens. From the view of the three-stage preventive medicine theory, these protective measures belong to the second and the third preventive stage. Since prevention is better than treatment, early prevention measures should be implemented in response to risk factors for child abuse. In other words, it is important to reinforce parental education for parents of pre-school children who are at high risk of child abuse. This thesis proposes to include the first-line medical personnel, who are in contact with infants and young children, in the scope of family education professionals. By way of the vaccination system and child health education system in Taiwan, the growth and development from newborn to preschool children are regularly tracked. The medical personnel teach parents and caregivers about the correct parenting knowledge and the technique of parent-child shared-reading in order to prevent child abuse incidents. Key words: child abuse, parenting knowledge, the Convention on the Rights of the Child, parens patriae, parental rights, preventive medicine, three-stage preventive theory, parental education, parent-child shared-reading.