Slip through the social security safety net of the National Pension Insurance - A study of foreign and mainland chinese spouses participation in the National Pension Insurance
Date Issued
2012
Date
2012
Author(s)
Yu, Zong-Ru
Abstract
In recent years, the numbers of both international marriages and children born to such family of foreign and mainland chinese spouses have been rapidly increasing in Taiwan. Foreign and chinese spouse have already become the fifth major ethnicity of Taiwan. Most of the marriage immigrants are female persons from less-developed countries. Prejudices and discriminations against marital immigrants have caused problem of human right infringements.
Despite the accelerated legal reforms on marital immigration in recent years, existing laws remain insufficient for the protection of human rights involved in Taiwan marital immigration including legal regulations concerning residence, nationality, social insurance and health service. Analyses and suggestions will follow to propose possible improvements on the protection of human rights.
It is a system of the social insurance that social security system is primary, according Article 7 of the National Pension Act that citizens under 65 with their household registered in ROC, except for those should participate or have already participated in other related social insurances, take part in the Insurance and become the insured persons. If foreign and mainland china having not settled down in Taiwan area. they couldn’t to participate in national pension insurance. Therefore, on the protection of the right to national pension insurance in Taiwan, the citizens are better than aliens whose rights are better than the people from Mainland China.
On the other hand, those who have owned the citizenship should have better rights of protection, but the spouses from other country should have equal rights of protection as those who are from Mainland China. The main reason to strictly regulate the spouses from Mainland China is based on the consideration of the separation of the Government and the situation of the enemy as well as the national security and interest. However, it is not considered that foreign and mainland chinese spouses are all the spouses of our citizens. If the government treats the spouses from other countries different from Mainland China without better justifications, it can not pass the tests of the equal protection and the principle of proposition.
Therefore, the right to national pension insurance of foreign and mainland chinese spouses should be treated nicely, equally, reasonably, and in justifiably. If it truly requires to treat them differently, then there should be substantial equal protection as its justification to do it.
On the grounds that what fundamental human rights foreign and mainland chinese spouses in Taiwan should have are not clear, this study focus on the issue to obtain the maximum profit not only to ensure foreign and mainland chinese spouses’s rights to social insurance but also practice our national pension insurance system to make them to be balance and propose related suggestions. The study also reviewed and criticized National Pension Act in this light, and in turn made some specific recommendations for amending the relevant statutes.
Subjects
marital immigration
immigrants’ human rights
social rights
equal protection
discriminations
right to Social Insurance
right of existence
Type
thesis
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