體制差異與人權公約：兩岸落實CEDAW實踐經驗之研究

《消除對婦女一切形式歧視公約》(CEDAW)之目的在提升婦女人權，其條文內容含括一切政治、經濟、社會、文化等權利並大量涵攝平等、自由、福祉與美德之思想，事實上對於一國之未來發展與走向有著長遠深刻的影響。台海兩岸固屬同文同種，但政治體制的差異，易使彼此在諸多事務之主張上存在爭競與矛盾，雖兩岸政府在對CEDAW推動之表象上未見歧異，似認此一公約之內涵與政治體制無礙，惟深究其間仍能發現在難得的「共識」外，潛存差異而殊值探討。本文以兩岸分治至今之婦女人權發展脈絡為軸，藉由聯合國對於CEDAW之重要決議或其所屬機構定期出版之相關報告，與其他著名國際組織、重要學術文獻及兩岸定期所提國家報告之研究成果，加以歸納驗證出理論性的通則及意涵。經初步研究發現，兩岸皆相當重視婦女基本教育與提升教育品質，在婦女保健方面亦多點著力實踐，惟中國大陸對愛滋病防治數據未能即時公開；而女性參政權則因體制不同，為其中所顯差異較大之處；工作權和司法權則透過法律之制定均快速提升；另我國未規範提升女性婚齡，迄今屢受國際人權專家之質疑。從研究結論觀察，兩岸對婦女團體長期培力的策略行動，不宜大量偏重於保護性或福利服務，而應以此為基礎，再以賦權女性為目標，方能達到女性與男性共治與分享決策的參與，同時建構強有力的監督機制，彰顯實踐之決心。尤其女性優先參與教育決策的重要在研究中列為核心，是兩岸如何有效減少教育決策權力的性別傾斜現象及其所帶來的影響，保障女性教師在管理職位的比例，如何擬定適度具體的暫行特別措施執行標準，用以即時解決相類職務男多女少現象，厥為後續研究落實婦女權益之範疇。

關鍵字

消除對婦女一切形式歧視公約；暫行特別措施；賦權；性別傾斜現象；婦女人權

並列摘要

The objective of the Convention on the Elimination of All Forms of Discriminations against Women (CEDAW) is to promote human rights of women, and the content of its articles include all political, economic, social and cultural rights, subsuming under the thoughts of equality, freedom, welfare and virtue. In fact, the CEDAW has profound, long-lasting influenceon the trends and development for a country. With distinct political institutions, albeit with the same language and ethnicity, Mainland China and Taiwan are apt to have competition and contradiction in the views of many affairs. Although it seems that there is no divergence in the promotion of the CEDAW between the cross-strait regimes, and although it also appears that the content of the convention do not hinder their political institutions, the potential differences, except for a little consensus, in the content especially deserve the exploration between the two countries. With the important resolutions of the United Nations or the relevant reports of its affiliated institutions, the research results of other well-known international organizations, primary academic literature and the regular national reports from the two countries, the dissertation, based on the updated cross-strait background on the development of human rights for women, induces and verifies theoretical principles and implications. The preliminary findings of the dissertation are that the both countries substantially value the women’s primary education and the promotion of the education quality. In terms of women’s health care, both of them put it into practice with effort in many ways, while the data on aids control cannot promptly open to the public in Mainland China. As to women’s political rights, due to the different political systems, the disparities between them are more distinct. Both countries promote right to work and judicial rights rapidly through the enactment of the law. In addition, Taiwan has not regulated marriage age of women for the higher age, which has been questioned by the expert of international human rights until now. Observing from the conclusion, cross-strait countries should not put too much emphasis on protective measures and welfare-oriented services to women groups for the strategic action of long-term empowerment. Instead, with the aim of empowerment, they should be served as the foundation to achieve collegiality between the female and the male and to share the involvement of decision-making. In the meantime, the two countries should construct strong supervision mechanism to show the determination of implementation. For the further study of carrying out the women’s rights, the core task in particular should be on the importance of the women priority in involvement of education decision-making in order to decrease effectively the phenomenon of gender-tilt in the power of educational decision and its subsequent impact; for example, the protection for the proportion of female teacher in the management and how to formulate appropriate, specific implementation benchmark of temporary special measures to resolve women minority in similar positions.