96 of the Concluding Observations on the Initial Report of the Republic
of China (Taiwan): The major revisions made to the Juvenile Justice Act
in 2019 were an important milestone for children's human rights in the
judicial system. However, it is generally considered that the lack of
supporting measures for the administrative intervention of at-risk youth
may hinder the social reintegration of juvenile offenders. This includes
issues such as whether youth counseling committees have the capacity
to serve as case management centers for at-risk youth, how the
mechanisms for reintegrating juvenile offenders into the educational
system and society should be bridged, and whether manpower and
resources can be pooled in a timely manner to ensure an effective
response.
131. Recommendation: The Government should distribute resources to
establish an effective community intervention and counseling network.
The NHRC will continue its oversight of the work of the Government
at all levels and of the youth counseling committees.
Fair Trials
132. In response to a resolution of the National Conference on Judicial
Reform, the Judicial Yuan established the Committee on GenderInclusivity and the Protection of Human Rights and Children and Youth
in 2017 and implemented protective measures for children and youth in
the judicial process to protect their judicial rights. However, to date,
incidents of juvenile court judges violating the personal dignity of
children and youth during the judicial process are still occurring.97 This
shows that the protection of the rights of children and youth in the
professional court system is in urgent need of review and improvement.
The NHRC urges professional court judges and judicial personnel to
equip themselves with the professional competence required for
juvenile cases. The intention of closed judicial proceedings is to protect
the privacy and dignity of children and youth, not to enable the abuse
of authority by judges.
133. Recommendation: The Judicial Yuan should confront and seek to
resolve issues in the selection, oversight, evaluation, and dismissal of
97
For example, a juvenile court judge in the Miaoli District Court ordered juvenile offenders to slap
themselves and kneel in court and used the threat of detention to force them to participate in religious
activities. https://www.mirrormedia.mg/story/20220213inv002/
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