The Fundamental Rights of Migrant Workers and their Children
The Regulations Disclosed in the Conventions are Equally Valid as
Domestic Law
In 2012, Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) affirms women’s rights to non-discrimination in maternity and employment.
Article 11
States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights.
Laws such as the Act of Gender Equality in Employment, the Labor Standards Act, the Employment Services Act, the Labor Insurance Act, and Directions of the Employment Transfer Regulations and Employment Qualifications for Foreigners Engaging in the Jobs Specified in Items 8 to 11, Paragraph 1, Article 46 of the Employment Services Act etc. clearly list the rights that are protected. However, the scope of coverage varies due to the foreigners’ legitimate status and occupations.
In 2014, the Convention on the Rights of Child (CRC) ensures the rights of child to migrant workers in Taiwan including the rights to identity, the rights to health and welfare, education and be cared etc.
Article 2
States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
The Immigration Act and the National Health Insurance Act both ensure the non-Taiwanese children’s rights to identity and health. For undocumented migrant workers, guidelines including “Standard Procedures for the Application of Alien Residence Certificate for Non-Taiwanese Children and Juveniles without an Accompanying Parent or Legal Guardian” and "Procedures for the Non-Taiwanese Children and Juveniles who were Born in Taiwan to be Recognized as Stateless Status" etc. are to be followed in order to assure identities and seek assistances.
