Social Welfare Programs for Women
According to the Article 4 in the Additional Articles of the Constitution of the Republic of China (Taiwan), the number of elected female members on each party’s list shall not be less than one-half of the total number. According to the Article 33 in the Local Government Act, in the event there are a total of four special municipality councilors, county/ city councilors, and township/ city representatives to be elected by an electoral district, there should be one female among the elected. If the total number of those to be elected exceeds four, an additional female shall be among the elected for every additional four persons elected. 1
Globally, “trans or non-binary -identified” males already took females’ seats and excluded female candidates from elections.
In the UN’s “The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW)”, the definition that “the elimination of discrimination against women” is the differentiation, exclusion, and limitation which are based on sex. However, Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) regarded trans women as biological women in its shadow report to Taiwan’s government.
Source: TAPCPR’s Shadow Report on CEDAW
Transsexual Woman Applied for Menstrual Leave
In Nov. 2021, a transsexual woman applied for menstrual leave to her company. As a result, the company consulted with the local government and Minister of Labor (MOL).
In Feb. 2022, the result was out: A menstrual leave is granted for the fact that a menstrual cycle occurs; therefore, it is not applied to transsexual women who do not have uteruses.
Menstrual leave not applicable to transgender women: Taiwan Ministry of Labor ｜MOL’s Explanation
Taiwan's NGOs respond to the Review meeting of the ROC (Taiwan) CEDAW Fourth National Report: No obfuscation of sex/ gender
No Self-ID Taiwan attended the “Review meeting of the ROC (Taiwan) CEDAW Fourth National Report”. We met several groups taking a similar stand with us. For example, R.O.C. Association of HIV/AIDS and Child Care, Keelung City Wonderful Family Care Association, Taiwan Mothers Alliance, and Taiwan Association of Gender/Sexuality Rights Protection do not want to see any linguistic obfuscation of sex and gender. They are unpleased to see women’s rights be corroded by the transgender rights movement. No Self-ID Taiwan’s view is that according to the CEDAW’s origin and its General recommendation No. 28, its target of elimination is all forms of discrimination against “biological females”. Hence, biological males like mtfs should not be included in the “women” the CEDAW has originally aimed to protect.
In the meeting, Aglow Taiwan pointed out that women might endure more harm when more spaces have been rebuilt as unisex (gender-friendly) spaces. It explained that a great number of up-skirting incidents have happened and thus space planning should consider women’s physical and mental needs. Taiwan VIP Care Association noticed that foreign nations’ self-ID policy gave mtf prisoners chances to rape female prisoners in women’s prisons. Hand In Hand Association of Taiwan and Miaoli Parents Association (MPA) focused on the issue of women’s health. They offered a shred of evidence that minors who have used puberty blockers could get tumors and other kinds of illnesses. They suggested that when teenagers diagnosed with gender dysphoria would undergo a medical transition, their guardians should be informed and acknowledged the possible influences of those medicines.
During the meeting, the supporters of transgender rights like the TTHA, the TAPCPR, and the Awakening Foundation said that they did not see any linguistic obfuscation of sex and gender. They believed that the CEDAW should include mtfs as women and doubted that the groups against the Gender Recognition Act were taking advantage of the translation gap to oppose transgender rights. The TAPCPR insisted that the abolishment of the requirement of a SRS as well as single-sex spaces. On 2 Dec. 2022, 28 NGOs taking the same stand held an event press conference. Again, they insisted that mtfs should be included in the CEDAW, idealized the use of puberty blockers for children diagnosed with gender dysphoria, and called for the abolishment of sex segregation as well as the national health insurance coverage of sex hormones and SRS. In the meantime, they called for the Gender Recognition Act to be made as soon as possible.
28 NGOs are: Covenants Watch (CW), Judicial Reform Foundation, Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), Taiwan LGBT Family Rights Advocacy, Taiwan Tongzhi (LGBTQ+) Hotline Association, Taiwan Non-Binary Queer Sluts Shadow, The Garden of Hope Foundation, Modern Women’s Foundation, Taipei Women’s Rescue Foundation, Taiwan Disabled Women’s Alliance for Equal Rights, Taiwan Association for Human Rights (TAHR), Taiwan Equality Campaign, Taiwan Asexual Group, Taiwan Gender Equity Education Association, Taiwan EduTaiwan Education Association, Taiwan Alliance to End the Death Penalty, Taiwan International Medical Alliance (TIMA), Environmental Jurists Association (EJA), Harmony Home Association Taiwan, Independent Living Taiwan, New Vitality Independent Living Association Taipei, Serve the People Association Taoyuan (SPA), Taiwan Access For All Association, Human Rights Network for Tibet and Taiwan, Sunny IndepSunny Independent Living Association Kaohsiung,Taiwan Association for Disability Rights (TADR), Disabled Children’s Rights and Advocacy Association in Taiwan (DCRAAT), New World Independent Living
How will Taiwan’s future look like?
Females’ Seats Are Taken
Females’ seats are legislated for the achievement of equality in a constitutional democracy; also, women are enabled to attend and supervise in units at all levels as well as various groups. Trans women’s sex and lived experience are significantly different from women’s. Thus, if they take females’ seats, those women who are vulnerable will be almost invisible.
- According to the Article 4 in the Additional Articles of the Constitution of the Republic of China (Taiwan), the number of elected female members on each party’s list shall not be less than one-half of the total number.1
- According to the Article 33 in the Local Government Act, in the event there are a total of four special municipality councilors, county/ city councilors, and township/ city representatives to be elected by an electoral district, there should be one female among the elected. If the total number of those to be elected exceeds four, an additional female shall be among the elected for every additional four persons elected.
Females’ Social Welfare Programs Are Taken
It is likely that males will take or exploit females’ social welfare programs like employment and care. It is predictable that women have to try harder to gain those resources. For example:
- Menstrual leave
- When male employees apply for menstrual leaves and exploit the whole system, enterprises may tighten their leave regulations, e.g. the requirement for a medical certificate. Thus, it will be more difficult for female employees to apply for a menstrual leave. (the Ministry of Labor: the Act of Gender Equality in Employment)
- When men can be recognized as women legally, is it possible that in order to reduce the cost or to be proved as a diversity champion, enterprises will employ more “women” who do not apply for menstrual and maternity leaves?
- It is likely that men will take women’s social welfare programs like employment and care. For example:
- It is likely that men will take women’s scholarships as well, e.g. Women in Technology Scholarships, Women in Tuition Academic Scholarships, etc.
- Article 134 in the Constitution of the Republic of China (Taiwan): In the various kinds of elections, the number of women to be elected shall be fixed, and measures pertaining thereto shall be prescribed by law.
- Article 4 in the Additional Articles of the Constitution of the Republic of China (Taiwan)
- Article 33 in the the Local Government Act
- Article 67, 68, 71, 73 in the Civil Servants Election And Recall Act