Today (01/04/23), a report stated that, “The 15-year-old daughter of a mother who is Vietnamese escaped migrant worker is unable to obtain Taiwanese citizenship, resulting in her graduation trip being unfulfilled.” Taiwan-born 15-year-old Xiaoxi and her younger brother, whose mother is Vietnamese escaped migrant worker and was previously married while living in Vietnam, are unable to obtain Taiwanese citizenship. Therefore, they are facing a considerable impact on their various rights and interests due to difficulties in obtaining legal protection in Taiwan.
The National Human Rights Commission (NHRC) expresses concern over the issue highlighted by this case, where the current system handling the basic rights of local children in Taiwan places excessive emphasis on nationality acquisition and residence rights as prerequisite conditions. This has resulted in local children facing difficulties in accessing healthcare, education, and other rights..
On November 23, 2022, Director-General Chen Chu, also the Chairperson of the NHRC, stated during her inspection of the Executive Yuan that the issue of 'undocumented children' born to missing migrant workers in Taiwan should be addressed, ensuring they receive the rights and assistance they deserve. Especially since Taiwan has domesticated the Convention on the Rights of the Child (CRC). She urged Premier Su to establish a dedicated task force in collaboration with the NHRC to find feasible solutions.
Article 2 of the CRC stipulates that States Parties shall respect the rights mentioned in the Convention to ensure that a child is not discriminated against based on his or her parent’s or legal guardian’s race, color, language, and nationality, ethnicity, or social origin. Article 3 of the CRC further stipulates that States Parties shall ensure that the best interests of the child are a primary consideration. The Concluding Observations and Recommendations of the International Review on the Convention on the Rights of the Child, point 25, November 2022, the Review Committee expressed continued concern regarding issues faced by foreign nationals (especially migrant workers without residence permits) who give birth in Taiwan, including issues regarding identity documents, right of residence, basic services, and nationality. The Review Committee recommended that the government must take all appropriate measures to address such circumstances in line with the best interests of children and other rights.
In addition, Article 24 of the International Covenant on Civil and Political Rights (ICCPR) stipulates that every child must be registered immediately after birth, bear a name, and have the right to acquire a nationality. The Concluding Observations and Recommendations from the International Review of the ICCPR and the International Covenant on Economic, Social and Cultural Rights, Point 90, May 2022 also states that all children have the right to acquire nationality. Therefore, the government is obligated to provide citizenship to all children born on Taiwanese soil to avoid making them stateless.
In the aforementioned case, according to Article 2 of the Nationality Act, a child born to a father who is a national of the Republic of China acquires ROC nationality at birth. The competent authorities should consider, under the current legal framework, promptly assist this disadvantaged family in obtaining proper status based on relevant provisions of family law.
As “Taiwan’s conscience and an advocate for the disadvantaged,” the NHRC has long been concerned about the rights of children in Taiwan. Based on its position of protecting and promoting human rights, the NHRC calls for the best interests of children to be prioritized in all such cases and for the rights and interests of children to not be restricted to those holding Taiwanese nationality. The government must do its utmost to safeguard the fundamental rights to health, education, and identity of all children in Taiwan to comply with the intent of the CRC.