Implementation Act of the Convention on the Rights of the Child

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=D0050193

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Article 1


This Act is made to implement the 1989 Convention on the Rights of the Child (hereinafter the “Convention”), to fulfill the physical and mental development of children and youths and to substantiate the protection and promotion of the rights of the child and youth.


Article 2


The provisions of the Convention regarding the protection and promotion of the rights of the child and youth shall have the effect of domestic law.


Article 3


The laws and administrative measures to which the provisions of the Convention apply shall be in reference to the purpose of the Convention and the interpretation of the Convention by the United Nations Committee on the Rights of the Child.


Article 4


All levels of government authorities shall exercise their authority in accordance with the provisions of the Convention in relation to the protection of the rights of the child and youth, prevent illegal infringement on the rights of the child and youth, actively promote the realization of the rights of the child and youth.


Article 5


All levels of government authorities shall be responsible for planning, promoting and implementing the matters stipulated in the Convention based on the duties provided by the current laws and shall further perform reviews of such tasks. If a matter involves duties by several authorities, coordination and contact shall be carried out among these authorities.
The government shall cooperate with the governments of different countries, domestic and foreign non-governmental organizations and human rights institutions in order to protect and promote the realization of the rights of the child and youth protected by the Convention.


Article 6


In order to promote tasks related to the Convention, the Executive Yuan shall invite academic experts and representatives from private organizations and relevant authorities to establish a committee for the promotion of the benefits and interests of the child and youth. Regular meetings, coordination, research, reviews and consultations shall be held and the following matters shall be performed:
1. Promotion and educational training of the Convention.
2. Supervision of the implementation of the Convention by all levels of government authorities.
3. Research and investigation on the current status of the rights of the child and youth domestically.
4. Submission of national reports.
5. Acceptance of complaints involving violations of the Convention.
6. Other matters related to the Convention.
The number of academic experts and representatives from private organizations and relevant authorities shall represent no less than 1/2 of the total number of committee members.
Each gender shall be represented by at least 1/3 of the total number of committee members. If required, youth representatives may be invited.


Article 7


The government shall establish a reporting system regarding the rights of the child and youth and shall submit its first national report within two years from the implementation of this Act. Thereafter, national reports shall be filed every five years. Relevant academic experts and representatives from private organizations shall be invited to review the reports. The government shall review and study subsequent policies based on their opinions.


Article 8


The budget required for the protection of the rights of the child and youth in the implementation of the Convention by all levels of government authorities shall be allocated as a priority based on financial status and shall be implemented gradually.


Article 9


Each level of government authority shall provide a priority review list regarding the legislation and administrative measures under its jurisdiction based on the provisions of the Convention within one year from the implementation of this Act. Any laws and regulations inconsistent with the provisions of the Convention shall be corrected by addition, amendment or abolition, and administrative measures shall be improved within three years from the implementation of this Act. The legislation (amendment), revision or cancellation of the remaining laws and regulations, and improvement of administrative measures shall be completed within five years from the implementation of this Act.


Article 10


This Act shall be implemented from 20 November 2014.