跨國婚姻中人權問題之探討--來台生活 "大陸配偶"案例之檢視

Abstract

作者以其個人過去多項相關研究，政府有關部門統計、政策和法規，暨美國國務院公布之台灣歷年人權報告(1999-2004)為基礎，由較高之「人權」標準，檢視現行各項與來台居留或定居之大陸配偶有關的政策與辦法已／可能涉及之人權議題。文中剖析了關於「工作權」給予條件，婚姻關係產生變化時來台大陸配偶「身份」之處遇，高學歷認證問題，人蛇集團與婚姻仲介業管理以及家暴和性侵等問題。在有限篇幅下，本文無法申論更無意批評政府的大陸（外籍）配偶之相關政策、法規，而僅冀能於更高（理想）標竿下，透過前述議題的思索，粗略掌握現階段與來台大陸配偶生活有關規範的若干盲點，期能經由自我檢討、改進的過程，逐步提升並體現台灣以「人權立國」的視野和精神。文末作者特別列舉了以下三要項就教於各界賢達：(1)「人道」與「人權」之分野；(2)「政治」考量和「人權」準則間之權衡；及(3)塑造全球化情勢下「多元文化」社會的建構條件。

Based on previous field studies, secondary data such as government statistics as well as policies and regulations implemented pertaining to the eligibilities of foreign (mainland mainly) brides seeking permanent residency and citizenship of Taiwan and human rights country reports released by the US Department of State, this article adopting higher "human rights" standard has tried to, among other things, analyze the magnitude as to the total population (foreign/mainland brides) affected, discussed some salient issues which may violate or somewhat against human rights principles set by UN as early as 1948. These issues include the eligibilities required for granting "working rights" to them; acknowledge the status of these brides under marital status change due to their Taiwanese spouses` death or divorce; the recognition of high educational degree/diploma earned; trafficking related to illegal smuggling-in young women for prostitutes, sometimes through the channel of fake marriage; wife abuse and sexual harassment; etc. The paper proposed three major areas for policy makers to ponder: (1). How to draw a line between "humanitarian" and "human rights" considerations; (2). How to strike a balance between "political" and "human rights" considerations; and (3). How to construct viable conditions for bringing about an authentic "multicultural" society under globalizing trend. The paper in no way dares to claim as exhaustive, it is nevertheless held by the author that applying higher human rights standard to assess the status-quo as to how Taiwan is treating their sister/daughter in law from Mainland China certainly would broaden the horizon in dealing with new immigrants and thus the human rights ideals elucidated in the Constitution hopefully can be truly materialized thereafter.