judicial procedure, and furthermore establish a model such that both the
juvenile and parents can work to improve the environment the juvenile is
growing up in. Meanwhile, the parenting courses referred to in the Juvenile
Justice Act focus on establishing the first-layer protection. It may warrant
deliberation and discussion if the participants in the said courses may be
expanded to “persons currently engaged in protecting the juvenile.”
Treatment of Persons with Mental and Physical Disabilities
66.
Some cooperative mechanisms have been established between the welfareoriented legal system and welfare-oriented administrative system under the
Juvenile Justice Act. If a juvenile with mental disabilities is detained in a
juvenile detention house, there could be difficulty in mobilizing resources.
Lacking both medical and special education resources and specialists, juvenile
detention houses are unable to deal with juveniles with mental disabilities, and
can only provide psychosomatic medicine services. In order to prevent these
juveniles from disrupting order in these institutions, high-security guard
management models from adult prisons are adopted. Juveniles with mental
disabilities are frequently found to be permanently confined in “quiet rooms”.
This is not only inhumane treatment but also of suspected discrimination. As
a matter of fact, the psychiatric treatment and counseling services available in
prisons/detention centers tend to focus on the delinquent juveniles abusing
drugs or committing sex offenses, instead of those juveniles with mental
disabilities. Many juveniles with mental disabilities have been detained in
various juvenile detention houses. The amendments to the Juvenile Justice Act
made on June 19, 2019 also aim to improve assessment of juvenile detention
houses. Therefore, the Judicial Yuan and the Ministry of Justice should rethink the orientation of detention under the legal system, and introduce
relevant specialists to develop a comprehensive model of psychological
assessment and evaluation, as well as special education and medical resources.
67.
Persons with mental disabilities have not undergone any psychiatric
assessment during investigation and trial. After being detained in
prisons/detention centers, no dedicated psychologists performed any
assessment or made any classification. Guarding and caring for these inmates
created significant pressure on the personnel. Due to limited medical
resources, the prisons/detention centers have no capacity to treat these patients
effectively or help them return to society. After investigation and follow-up by
the Control Yuan, the relevant authorities (including the Ministry of Justice
and Ministry of Health and Welfare), have discussed the establishment of
dedicated hospitals based on the intent of the ICCPR for treatment of persons
with disabilities.
68.
A careful assessment of and community support for inmates with mental
disabilities prior to their release from prison are critical to their interests and
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