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Title: 臺灣人權教育政策的發展與問題
Other Titles: 從校園「解嚴」說起
Authors: 國立臺灣師範大學公民教育與活動領導學系
Issue Date: 1-Mar-2009
Publisher: 臺灣國際法學會
Abstract: 本文從校園是否「解嚴」說起,並指出教育改革所導致之校園民主化,雖然有助於校園的「解嚴」,惟其僅達到「體制」或「法規」層次的變革,而未能進行更深入與廣泛的「文化」層次的再造。就政策的實施策略而言,本文亦相應地以「硬性」的法規修正,相對於「軟性」的活動與計畫,來進行分析與介紹。從落實到「文化解嚴」層次而言,保障校園學生權利的修法或立法,這種「硬性」的政策作爲,是引導文化再造的必要條件,惟仍須輔以相關的活動或計畫等「軟性」的政策作爲,才可能真正在文化上扎根。再者,就推動人權教育之組織定位而言,可以區分爲三種模式:第一、任務編組(如現在的「人權教育諮詢小組」),第二、法定組織(如現在的「性別平等教育法」),第三、獨立法定組織(如獨立的國家人權委員會)。任務編組的模式,若主政者對人權議題並不關注或願意有所承諾,其功能與作用勢必大大地消減,甚者,其很容易受到政治氣候變遷之影響,反對勢力容易將其作爲,政治意識型態鬥爭的對象而杯葛之。相對地,法定組織,能更有系統地、持續地、廣泛地來推動人權教育,惟在立法過程必須避免人權教育內容之弱化或窄化爲「道德或倫理導向」。獨立的法定組織,引用國際人權標準,較能對抗來自傳統文化價值,所造成的「文地進行人權價值的扎根和「文化解嚴」的再造。
Taiwan had been undergoing series of educational reforms since 1994. The educational reforms were often characterized as 'deregulation', which was deemed as part of the democratization of the educational system in Taiwan. However, I would argue that although the reforms might be seen as 'democratized' in legal terms but not in cultural terms. Subject to traditional Confucianism, most of Taiwan's school campuses are still managed in authoritarian rather than democratic style. Accordingly, policies of human rights education are to be analyzed in both 'hard' and 'soft' terms, addressing both issues of laws and cultures. The hard policies have to be combined with the soft ones, so as to foster a human rights campus which ensures human rights education not only be taught but also practiced. In addition, policies of human rights education are to be examined in terms of modes of organizations that produce and implement the policies. There are three modes of organizations: the first is temporary task-force based; the second is legally based; the third is independently and legally based. The first mode is susceptible to politics. In contrast, the second one is more secure because it is legally bound, but might be subject to what called a 'moral or value based approach' which might avoid issues of power abuses and reduced human rights education to moral or value education. The third one is most preferable, to the effect that an independently legal body such as a human rights commission complying with the Paris Principle might focus on realistic issues of human rights abuses in societies. Human rights education in Taiwan started officially in December 2000, in the context of the first transfer of political power through democratic election. In May of 2008, there was a second power transfer and the commitment of the new government for human rights education is yet to be seen. Campus democratization is to be further secured in both terms of laws and cultures in Taiwan.
ISSN: 1818-4185
Other Identifiers: ntnulib_tp_A0401_01_031
Appears in Collections:教師著作

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