instability or suicidal behaviors. Instead, the use of restraints was
employed under the guise of protection, and no requests for professional
assistance were made to the MOE or MOHW. In 2017, a mentally
disabled youth at a juvenile detention house was subject to 18 straight
days101 of solitary confinement in a clear violation of the CAT.
139. The aforementioned example shows a gap between domestic juvenile
judicial practices in Taiwan and international human rights standards as
law enforcement personnel evince a lack of respect for human rights
and continue to utilize outdated measures. It also highlights the lack of
support measures and an uneven distribution of resources in Taiwan’s
attempts at compliance with international human rights conventions.
140. Recommendations:
(1) The Judicial Yuan should urge courts to increase their oversight
of the use of protective cells at juvenile detention houses and
push for juvenile justice laws to be amended to include the same
focus on human rights that has been incorporated into the
amended Detention Act.
(2) The Judicial Yuan and the MOJ should reconsider the role of
detention in juvenile justice and employ professionals at juvenile
detention houses who will develop a comprehensive system
comprising mental health assessment, psychological evaluations,
special education, and medical resources for detained juveniles
with disabilities. The NHRC will continue to follow up on the
implementation of assessment systems at juvenile detention
houses and the effectiveness of intervention after juveniles’
transition to reform schools.
(3) The MOJ should fast-track the formulation of the Enforcement
Act for Interventions at Juvenile Detention Houses and the
Enforcement Act for Interventions at Juvenile Reform Schools to
clearly regulate the use of restraints and methods of punishment
as well as the appropriate timing of and criteria for their use and
the establishment of complaint channels as remedies. The
staffing and transfer of reform school personnel and the
counseling management system should also be reviewed.
(4) In regard to detained juveniles with, the MOJ should comply with
the United Nations Standard Minimum Rules for the
101
The Control Yuan investigation report approved on Feb 12, 2020 (Solitary Confinement of a Mentally
Disabled Youth at the Taipei Juvenile Detention House).
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