60.
Juvenile detention houses are accustomed to using assignment to particular
wards as a means of discipline, in order to compel the delinquent juveniles to
engage in self-examination. While they also have done their best to improve
the facilities inside these wards, the assignment to so-called “delinquency
wards,” “observation wards” and such penalties cannot be seen as disciplinary
models developed based on an educational philosophy, but come from a
disciplinary management and punishment perspective adopted by adult
prisons. This is against the intent of the Statute on the Establishment of
Juvenile Detention Houses which expressly defines that the measures to be
imposed on juvenile inmates violating disciplinary rules of the detention house
should be limited to reprimands and labor services. Furthermore, the
availability of a delinquency ward or observation ward, length of period for
confinement in an observation ward or delinquency ward, and mode of
observation vary across juvenile detention houses. Some juvenile detention
houses even decide the length of the confinement period based on a score
system. When being confined to a delinquency ward or observation ward, the
juvenile cannot attend classes in school. His/her interest in and right to
learning is deprived. Therefore, such practices could hardly be appropriate.
Upon investigation and follow-up by the Control Yuan, the Ministry of Justice
issued a decree on October 23, 2019 to its subsidiary units to strictly prohibit
any punishments other than those defined by the Statute on the Establishment
of Juvenile Detention Houses.
61.
In consideration of the nation’s obligation to provide special protection and
education to juveniles, the Agency of Corrections should provide a separate
system for juveniles to fully attend to their living needs. However, with respect
to juveniles, the correctional institutions still apply the same practices
applicable to adult inmates. The Statute on the Establishment of Juvenile
Detention Houses even says that juveniles should “prepare clothes, quilts and
procure daily necessities on their own.” As juvenile inmates are not paid to
work, many of them struggle when serving sentences if their family is poor or
they have received no relief from others. The Agency of Corrections should
review and improve this situation promptly.
62.
Juvenile detention houses often detain juvenile offenders currently under trial.
However, these juvenile inmates are often excluded from those who receive
reimbursement of the national health insurance premium, and thus they need
to bear the cost by themselves. They are often unable to pay the national health
insurance premium, and they owe for medical expenses as a result. The
Agency of Corrections should consider adequate reimbursement of medical
expenses incurred by juvenile inmates so that they may be protected under the
national health insurance.
63.
The Juvenile Justice Act of Taiwan aims to construct the nation’s protection
mechanism for delinquent juveniles based on the “concentric circle theory”
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