included in a ruling against the detention or custody of a juvenile.
Alternatively, it may establish the Guardian ad Litem system to enable
professionals with experience and knowledge in protection of children to
participate in the procedure to assist the court, seek a reasonably limited
detention period, and add management and evaluation mechanisms in order to
ensure the protection of the best interests of children and juveniles who are
charged as offenders. Upon investigation and subsequent follow-up by the
Control Yuan, Article 3-1 and Article 3-2 of the Juvenile Justice Act were
amended on June 19, 2019, to provide that assistants, parents and experts may
be present with the juveniles at trial.
59.
While Taiwan’s juvenile justice prosecution have expressly defined the
required tasks, organizational framework, staffing and operations pursuant to
the law, given the difficulties in the facilities and the insufficient manpower
and funding, many juvenile detention houses share offices with adult prisons,
and adopt the same thinking and disciplinary models as in adult prisons. In
other words, they fail to exercise functions, such as counseling, evaluation and
medical care, to deal with a juvenile’s physical and mental condition. Some
courts have failed to consider commiting the subject juvenile to the custody of
another agency, or adopting alternative measures, before ruling to detain
delinquent juveniles. The documents from the detention also provide no details
about the subject juvenile’s physical and mental condition. The courts do not
communicate with the juvenile detention house about the case, and do not
follow up in assessing the necessity for detention either. The Control Yuan’s
on-site visit found that many juveniles were suffering from mental disorders
or disabilities, yet there were few special education resources available. Not
only do these juveniles have no way to receive adequate medical care; they
are often punished and confined to a disciplinary room, or an observation ward
to enforce behavioral conformity, because they have trouble controlling their
emotions. Sometimes, they are even locked into a “quiet room” (protective
ward) because of serious behavioral disorders. This appears to violate the
ICCPR, United Nations Convention on the Rights of the Child, and
Convention on the Rights of Persons with Disabilities, thus highlighting the
inadequate protection of the child/juvenile’s human rights. Upon investigation
and subsequent follow-up by the Control Yuan, Subparagraph 3, Paragraph 1
of Article 42 of the Juvenile Justice Act was amended in 2019 to add a
requirement that a juvenile may be sent to an appropriate institution that
implements measures for placement and counseling services. Paragraph 5 and
Paragraph 6 were added into the same Article, providing that a juvenile court,
where necessary, may consult the opinions of appropriate agencies or
institutions, schools, organizations, or individuals, to jointly tally, integrate
and utilize the resources needed by the children and juveniles in any individual
case, at various stages of a trial.
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