Women in Taiwan

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File:蔡英文官方元首肖像照.png, elected as president of Taiwan in 2016 and 2020]]

The status of women in Taiwan has been based on and affected by the traditional patriarchal views and social structure within Taiwanese society, which put women in a subordinate position to men, although the legal status of Taiwanese women has improved in recent years, particularly during the past three decades when the family law underwent several amendments. Throughout history, women in Taiwan had suffered various forms of discrimination, including foot binding.https://taiwaninsight.org/2024/06/24/the-rise-and-fall-of-chanzu-a-short-history-of-footbinding-in-taiwan/

Marriage and family law

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File:Chinese_Bhiksuni_Taiwan_Vesak_Festival.jpeg (Buddhist nun) at a Vesak celebration, serving Oolong tea]]

Throughout the 20th century, married women's rights were severely restricted, but they gradually improved, especially due to legal changes made from the late 20th century onward (the family law was revised five times between 1996 and 2002).{{cite web|url=http://www3.nccu.edu.tw/~hschen/book_summary/2005-isbn8973006320.htm|title=Chen, Hwei-syin〈Changes in Marriage and Family-Related Laws in Taiwan: From Male Dominance to Gender Equality〉|website=www3.nccu.edu.tw|access-date=22 April 2018}}

In 1895, Taiwan came under Japanese rule and Japanese marriage laws (which discriminated against women) were applied. After Japan's defeat in 1945, the section of family law from the Civil Law promulgated on the Republican mainland in 1930, came into force in Taiwan, too (family law was later changed in the mainland by the communist regime, but this did not apply to Taiwan).

The 1930 Taiwanese Civil Code provided limited rights to Taiwanese women, such as having no right in deciding their residence, the lack of right to own property, the lack of right to file a divorce, the lack of self-protection, and the lack of right to child custody, and discrimination against illegitimate children.[http://www.hartford-hwp.com/archives/55/002.html Taiwanese Women's Rights - Call for HELP], From the Awakening Foundation in Taipei, Taiwan, hartford-hwp.com, 15 March 1995

The situation of married women improved slightly due to changes made in 1985 and 1996. By 1998, the new regulations had made divorce a little easier, allowed the wife to keep her own property registered in her name before 1985 without proving that she previously owned it; and allowed the judge to consider the best interest of children when evaluating the custody of children in a divorce case.{{cite web|url=http://taiwan.yam.org.tw/womenweb/st/98e/e_law.htm|title=The Report on Women's Status in Taiwan, Legal Status|year=1998|website=taiwan.yam.org.tw|access-date=22 April 2018}} Yet these changes did not go all the way as to give wives equal rights with husbands, as the continuation of the influence of patriarchal ideology with regards to family matters was maintained: the male still had superiority in decisions related to the wife's residence, disciplinary measures for their offsprings, and managing property.[http://taiwan.yam.org.tw/womenweb/st/98e/e_law.htm The Report on Women's Status in Taiwan], taiwan.yam.org.tw

In 1998, the Domestic Violence Prevention Law{{Cite web |url=http://www.hsph.harvard.edu/population/domesticviolence/CHINAtai.dv.98.htm |title=CHINA |access-date=2016-05-17 |archive-date=2012-08-28 |archive-url=https://web.archive.org/web/20120828222431/http://www.hsph.harvard.edu/population/domesticviolence/CHINAtai.dv.98.htm |url-status=dead }} came into force, dealing with domestic violence. New changes to the family law between 1998 and 2000, provided that the husband and wife's domicile is that which is agreed upon by them, rather than necessarily that of the husband's; and amended the law on legal guardians of a minor.{{cite web|url=http://www3.nccu.edu.tw/~hschen/book_summary/2005-isbn8973006320.htm#Marriage-Related+Law+in+Taiwan+in+the+Last+Two+Decades|title=Chen, Hwei-syin〈Changess in Marriage and Family-Related Laws in Taiwan: From Male Dominance to Gender Equality〉|website=www3.nccu.edu.tw|access-date=22 April 2018}}

Marriage regulations are currently based on gender equality, being found in Chapter II- Marriage of the Civil Code (Articles 972 - 1058).{{cite web | url=http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=B0000001 | title=Civil Code - Article Content - Laws & Regulations Database of the Republic of China (Taiwan) }}

Mothers and fathers now have equal rights towards their children: the original Article 1089 stated that parental rights should be exercised by the father if the father and the mother did not share the same views, but this provision was declared unconstitutional (in contradiction of Article 7 of the Constitution),The Legal Culture and System of Taiwan, by Lo Chang-fa, pp 144 and, as such, Article 1089 was amended to read: "[...] If there is inconsistency between the parents in the exercise of the rights in regard to the grave events of the minor child, they may apply to the court for the decision in accordance with the best interests of the child". Also, the Article 1019 (which stipulated that only the husband had the right to manage the shared property of a married couple, and had the right to use and receive profits from property that originally belonged to his wife, and not vice versa ) was repealed.

Constitutional protections

Women's rights are protected in the Constitution of Taiwan: Article 7 states:

"All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law".{{cite web|url=http://english.president.gov.tw/Default.aspx?tabid=1107|title=Office of the President, ROC (Taiwan)|website=president.gov.tw|access-date=22 April 2018}} The Additional Article 10, section 6 reads: The State shall protect the dignity of women, safeguard their personal safety, eliminate sexual discrimination, and further substantive gender equality.{{cite web|url=http://english.president.gov.tw/Default.aspx?tabid=1037|title=Office of the President, ROC (Taiwan)|website=president.gov.tw|access-date=22 April 2018}}

The constitution also protected female candidates in elections. In Article 134 states: "In the various kinds of election, quotas of successful candidates shall be assigned to women; methods of implementation shall be prescribed by law".{{cite web |url=http://www.taiwandocuments.org/constitution01.htm#C001_|website=The Constitution of the Republic of China|title=The Constitution of the Republic of China}}

The constitutional amendments further state that legislators elected through the party list must have at least half being women. In local elections the law requires that in each district, at least a quarter of the elected representatives must be women.[https://web.cec.gov.tw/old_upload/0/1000/attach/25/20090609163740.pdf Legislations regarding seats reserved for women], Central Election Commission.

Labour rights

Th Act of Gender Equality in Employmenthttp://laws.mol.gov.tw/Eng/FLAW/FLAWDAT0201.asp{{Dead link|date=February 2022 |bot=InternetArchiveBot |fix-attempted=yes }} ensures women's rights in the workforce. It was enacted in 2002 under the name of "Gender Equality in Employment Law of Taiwan", and later was amended and renamed the "Act of Gender Equality in Employment".{{cite web|url=http://english.bola.gov.taipei/Default.aspx?Create=1|title=勞動局英文網站|first=Taipei City Government|last=Department of Labor |date=28 December 2012|website=Department of Labor|access-date=22 April 2018}}

Sex-selective abortion

As in other parts of East Asia, sex-selective abortion is reported to happen in Taiwan.{{Cite web |url=http://www.econ.yale.edu/~nq3/NANCYS_Yale_Website/resources/papers/LiuLinQian_20130831.pdf |title=Archived copy |access-date=2016-05-21 |archive-date=2016-08-04 |archive-url=https://web.archive.org/web/20160804213528/http://www.econ.yale.edu/~nq3/NANCYS_Yale_Website/resources/papers/LiuLinQian_20130831.pdf |url-status=dead }}{{cite web|url=http://www.taipeitimes.com/News/front/archives/2011/12/08/2003520201|title=Taiwan's gender balance worsening as more parents abort female fetuses - Taipei Times|website=www.taipeitimes.com|date=8 December 2011|access-date=22 April 2018}}{{cite journal|jstor=10.1086/682685|title=Abortion Legalization, Sex Selection, and Female University Enrollment in Taiwan|first=Priti|last=Kalsi|date=22 April 2018|journal=Economic Development and Cultural Change|volume=64|issue=1|pages=163–185|doi=10.1086/682685|s2cid=155213182}} The Department of Health has taken measures to curb this practice.{{cite web|url=http://www.chinapost.com.tw/taiwan/national/national-news/2011/05/16/302521/DOH-to.htm|title=The China Post|website=The China Post|access-date=22 April 2018}}

Sex trafficking

There has been report of Taiwanese and foreign women and girls sex trafficked in Taiwan. They are raped and harmed in brothels, hotel rooms, and other locations throughout the country.{{cite web|url=https://focustaiwan.tw/society/201911180020|title=Sex trafficking ring busted, Vietnamese women rescued|date=November 18, 2019|website=Focus Taiwan}}{{cite web|url=https://international.thenewslens.com/article/112441|title=Taiwan News: 7 Human Trafficking Suspects Arrested in Missing Vietnamese Case|date=January 22, 2019|website=The News Lens}}{{cite news|url=http://apmigration.ilo.org/news/how-migrant-workers-become-human-trafficking-victims-in-taiwan|title=How migrant workers become human trafficking victims in Taiwan|date=August 3, 2015|website=AP Migration}}{{cite web|url=https://www.philstar.com/headlines/2020/02/12/1992522/taiwanese-trafficking-victim-who-escaped-pogo-sex-den-comes-forward|title=Taiwanese trafficking victim who escaped POGO sex den comes forward|date=February 12, 2020 |website=philstar}}{{cite web|url=http://www.taipeitimes.com/News/editorials/archives/2006/11/26/2003337971|title=Taiwan's human trafficking issue|date=November 26, 2006|website=Taipei Times}} The extent of sex trafficking in Taiwan is difficult to know because of the lack of data, secretive nature of sex trafficking crimes, and other factors.

MeToo movement

In 2023 the Taiwanese hit drama Wave Makers brought increased attention to sexual harassment in Taiwanese society and set of a round of grappling with the issue.{{cite web |last1=Cheng |first1=Joyce |last2=Handley |first2=Erin |title=How Netflix political drama Wave Makers sparked Taiwan's MeToo movement |url=https://www.abc.net.au/news/2023-06-24/taiwan-metoo-movement-triggered-by-netflix-show-wave-makers/102505174 |website=abc.net.au |publisher=Australian Broadcasting Corporation |access-date=25 June 2023}}

References

External links

[http://v1010.womenweb.org.tw/Page_Show.asp?Page_ID=108 Women's Status in Taiwan]
[http://www.natwa.org.tw/ National Alliance of Taiwan Women's Associations (NATWA)]
[http://taiwan.yam.org.tw/womenweb/index_e.htm Taiwan Women Web]
Kung Lydia. [https://books.google.com/books?id=u0vxE2IRLzMC&q=Women+in+Taiwan Factory women in Taiwan], books.google.com

:*[https://books.google.com/books?id=u0vxE2IRLzMC&q=Women+in+Taiwan Book Overview], books.google.com

Shen, Hsiu-Hua. [http://www.uta.edu/accounting/faculty/tsay/feb28wom.htm Women's February 28 Political Massacre--Political Widows' Oral History] {{Webarchive|url=https://web.archive.org/web/20170104110824/http://www.uta.edu/accounting/faculty/tsay/feb28wom.htm |date=2017-01-04 }}, uta.edu
[http://www.biomedcentral.com/1471-2458/8/49/abstract Hepatitis B virus infection among pregnant women in Taiwan: Comparison between women born in Taiwan and other southeast countries], biomedcentral.com
Wolf, Margery. [https://www.amazon.com/Women-Family-Rural-Taiwan-Margery/dp/0804708495 Women and the Family in Rural Taiwan], amazon.com
Ländler, Mark. [https://query.nytimes.com/gst/fullpage.html?res=9803E7DF173BF931A35750C0A9679C8B63&fta=y Cartoon of Wartime 'Comfort Women' Irks Taiwan], The New York Times, query.nytimes.com, 2 March 2001
[http://www.allacademic.com/meta/p_mla_apa_research_citation/1/0/7/5/6/p107568_index.html Career Dynamic of Self-employment for Men and Women in Taiwan and Korea], allacademic.com

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