CAJ | 학술논문

随着两岸通婚不断发展,赴台的大陆配偶人数已相当可观.由于台湾当局人为设置障碍,大陆配偶在台缺失“合法”身份和学历,其工作权的行使处处受限.台湾当局针对大陆配偶规定了不同于外籍配偶的“入籍”条件,与国际公约之人权平等不符;其制约对大陆配偶高校学历的采认悖逆了世界发展的趋势;其明文限制大陆配偶的工作权利更是人格歧视,大陆配偶工作权的保障亟待两岸官方、民间团体及各界人士继续努力,通过不断加深两岸交流和相互了解,以期逐步修正台湾当局违背人权公约的歧视性规定.
수착량안통혼불단발전,부태적대륙배우인수이상당가관.유우태만당국인위설치장애,대륙배우재태결실“합법”신빈화학력,기공작권적행사처처수한.태만당국침대대륙배우규정료불동우외적배우적“입적”조건,여국제공약지인권평등불부;기제약대대륙배우고교학력적채인패역료세계발전적추세;기명문한제대륙배우적공작권리경시인격기시,대륙배우공작권적보장극대량안관방、민간단체급각계인사계속노력,통과불단가심량안교류화상호료해,이기축보수정태만당국위배인권공약적기시성규정.
With development of Cross-Strait marriages, the number of spouses from Mainland becomes considerably big. They are suffering the limited right to work in Taiwan as lack of ＂legal＂ status and academic qualification due to the discriminatory policies made by the authorities of Taiwan. The conditions of citizenship given by Taiwan authority to the sponsors from Mainland are against the equality and human rights of international convention; The restriction to admit the academic qualifications of spouses from Mainland is also against the world tendency; and the restriction in written form for the sponsors＇ rights to work in Taiwan from Mainland is extremely discriminatory. This problem should be resolved to ensure that the spouses from Mainland can enjoy the rights to work in Taiwan through the continuous communications and mutual understanding of official and unofficial organizations of both sides in order to eliminate the discriminatory policies against human rights by Taiwan.