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題 名 | Local Self-determination and Human Rights of Foreign Nationals in Taiwan and Germany=地方自治體的外國人政策 |
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作 者 | Petzold, Claudius; | 書刊名 | 臺灣國際法季刊 |
卷 期 | 7:2 2010.06[民99.06] |
頁 次 | 頁147-184 |
專 輯 | 國際人權公約與地方自治體 |
分類號 | 579.22 |
關鍵詞 | 地方自治體; 外國人; 人權; Local self-determination; Human rights; Foreigner's rights; Taiwan status; |
語 文 | 英文(English) |
英文摘要 | Approximately 400, 000 foreign residents are living in Taiwan. 1 The foreign workers as largest subgroup account for 75 percent of them. To this group belongs high skilled foreign expatriates as well as low skilled worker and at the bottom the illegal immigrants. The following case shows the problems which foreign national may face in Taiwan: A young woman from the Philippines is working for a Taiwanese family as a caretaker for their disabled grandfather. Beside that work and against the contract terms she helps in the family's restaurant. She gets only a half day off per week. During the Chinese New Year, she was allowed to go with the Taiwanese family to Hualian on holiday. In fact, it's not a vacation but she has to spend the time taking care of the grandfather and the children. In response to her complaints, the family tells her that she is not protected by Taiwanese Labor Law and the family will quit the contract in case of further complaints. Although the Taiwanese law might rule in favor of her, she is afraid of being forced to leave Taiwan. Because of high broker fees, costs for living and air fare, she has no money left for paying an attorney and legal fees. The Human rights situation in Taiwan is difficult to asses. It begins with the complex status of Taiwan in International Law and the following exclusion from the international stage. Often questioned are the different cultural perception of human rights, some western China experts as the former Chancellor of Germany Helmut Schmidt are even questioning whether Taiwan is a democracy or people with Chinese origin are able to adapt a democratic system^2 In addition, Taiwan faces problems as old democracies as an aging population, decreasing birth rate and increasing unemployment. Although Taiwan may need foreign workers, some institutions mean to solve the Taiwanese unemployment rate through a stricter migration policy. The article compromises on five main parts. The first part describes the International framework related to the position of foreign nationals, followed by the National Taiwanese regulation regarding the self-determination of local entities and human rights. The third part maps out some practical difficulties for foreigner, and a short excursus at the beginning of that part compares the situation in Germany which has longer experience with migration. The last parts examine in which ways local governments react and which measures at the local level are practical and desirable to encounter the aforementioned problems. |
本系統中英文摘要資訊取自各篇刊載內容。