| 摘要: | 本研究主要係透過文獻閱讀及立法緣由檢視憲法、公約、法律規範及實務流程，並以生存權、健康權、教育權及工作權為中心，從法律層面檢視本國對於非本國籍兒童之權利保障範圍。
非本國籍兒童係指未具中華民國國籍之兒童，包含外國籍、無國籍、國籍未明之兒童，在 本國 之 非本國籍兒童之爭議 ，多來源於外國籍移 工至本國工作多年後於本國產子，其子女於本國之身分認定、得保障範圍、保障方式等問題，而憲法本文中僅就國民定義，惟憲法第二章之權利保障主體皆以人民定之，因本國於國際之特殊情勢，無法締結公約，透過將公約國內法化方式，將公約轉換至本國法律適用，轉換後其與本國法律 必然有不相同之處，本文將列舉之。 另法律規範與實務流程之不同處，本文亦將列舉之。
在現實層面中，的確有許多難以解決之問題，例如非本國籍兒童人數之控管，若兒童之生母自行生產，除其自行通報，否則該兒童難以進入出生通報系統，或者 當外國籍人被遣返出 境時，如未如實告知 其有子女於本國時，亦難以確知， 而本研究認為，如果我們對於需要被保護的非本國籍兒童作不到良好的管控，至少在發現他們需要幫助時，應能及時給予其應有之權利保障，這樣才是真正意義上達到，保障非本國籍兒童之權利 。
This study mainly examines the constitution, conventions, legal norms and practical processes through literature reading and legislative purposes, and examines the rights and protection of non-native children from the legal level, centering on the rights of right to life, health, education and work.
Non-native children it means children who do not have the nationality of the Republic of China (Taiwan), including children of foreign nationality and statelessness. The disputes of children of non-nationality in the country are mostly from foreign worker after working for many years. Pregnancy in the Republic of China (Taiwan), their children’s identity in the country, the scope of protection, the way to protect, etc., and the Constitution only defines the nationals in this article, but the rights protection of the second chapter of the Constitution is fixed by the people, because of the special situation of the Republic of China (Taiwan) in the international It is impossible to conclude a convention. By translating the convention into a domestic law, the convention can be transferred to the domestic law. After the conversion, it is inevitably different from the domestic law. This article will list it. The differences between legal norms and practice processes are also listed in this article.
In the practical level, there are indeed many problems that are difficult to solve, such as the control of the number of children of non-nationality. If the child’s mother produces it on its own, it is difficult for the child to enter the birth notification system, or when the foreign nationality is When repatriating and leaving the country, it is difficult to ascertain if it is not told that there are children in the country. This study believes that if we do not have good control over children of non-nationality who need to be protected, at least when they find that they need help, It should be able to give its due rights protection in a timely manner, so that it is the true realization of the rights of children of non-nationality. |
