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台灣陰陽人人權文件

Taiwan Human Rights Documents

Quote from the ICCPR, ICESCR and CEDAW Concluding Observations and Recommendations Adopted by the International Group of Independent Experts conducted in Taiwan about intersex human rights issues.

Independent experts Professor Eibe Riedel from Germany and, Professor Heisoo Shin from South Korea both play an important role in the process. 

2013_03_01_中華民國台灣第一次兩公約「公民與政治權利國際公約」(ICCPR)及「經濟社會文化權利公約」(ICESCR)國際人權專家結論性意見與建議 2013 Review of the Initial Reports of the Government of Taiwan on the Implementation of the International Human Rights Covenants Concluding Observations and Recommendations Adopted by the International Group of Independent Experts  link  English 

http://www.humanrights.moj.gov.tw/cp-468-31488-75b0f-200.html

54. The Experts are concerned about the life situation of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons. As in many other countries, such persons frequently face exclusion, marginalization, discrimination and aggression by large parts of the general population, and in schools, resulting in high suicide rates and physical and mental health problems.

 

2017_01_20_中華民國台灣第二次兩公約「公民與政治權利國際公約」(ICCPR)及「經濟社會文化權利公約」(ICESCR)國際人權專家結論性意見與建議 2017 Review of the Second Reports of the Government of Taiwan on the Implementation of the International Human Rights Covenants Concluding Observations and Recommendations adopted by the International Review Committee link English

http://www.humanrights.moj.gov.tw/dl-17575-9cd8bee3f22049f8b90aaa6430022a1c.html

21. The Review Committee commends the Ministry of Education for implementing the previous recommendation for developing and implementing effective information and awareness-raising initiatives on equal rights of all persons regardless of gender identity, as well as for the implementation of the Gender Equality Education Act. The Committee urges the Government to continue its efforts to promote, protect and ensure respect for the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons.

50.The sex education currently provided at different levels of school education is not comprehensive enough and raises disputes among different groups of people regarding the appropriateness of its contents. The Review Committee recommends the Government of Taiwan to: a) provide for both boys and girls at different levels of education a curriculum on the right to sexual and reproductive health, which is comprehensive, scientifically accurate and up-to-date, engaging various stakeholders for consultation; 10 b) conduct research into the situation of intersex people, and formulate policy guidance including prohibition of medically unnecessary operations of removing otherwise healthy reproductive organs;

 

2016_06_26__中華民國台灣第二次「消除對婦女一切形式歧視公約」(CEDAW)國際人權專家結論性意見與建議 2016 Review of Taiwan’s Second Report on the Implementation of CEDAW Conclusions and Recommendations of the Review Committee English

http://www.cedaw.org.tw/en/en-global/download/downloadFile/72

Comprehensive Law on Gender Equality

6. The Review Committee is concerned that despite the guarantee of equality for all people in article 7 of the Constitution of Taiwan, there is no legal definition of discrimination against women. It is also concerned that there is no law addressing multiple and intersecting forms of discrimination against women, including indigenous women, rural women, migrant women, women with disabilities, and lesbians, bisexuals, transsexuals and intersex persons (LBTI).

34. The Review Committee is concerned about the provisions of the 2008 Executive Order regulating the process of gender change and requiring inter alia, the surgical removal of reproductive organs before qualifying for registration. It is further concerned at the lack of statistical data on transgender persons and at 18 the pace of legislative reform. The Review Committee recommends that the Government adopt the views of the Ministry of Health and Welfare meeting on 9 December 2013 where it was recognized that “gender identity is a basic human right and that it is not necessary to force or require extirpation of reproductive organs as individual inclination should be respected”. It further recommends that steps be taken to abolish the discriminatory provision of the above executive order.

 

2018_07_20__中華民國台灣第三次「消除對婦女一切形式歧視公約」(CEDAW)國際人權專家結論性意見與建議 2018 Review of Taiwan’s Third Report on the Implementation of CEDAW Conclusions and Recommendations of the International Review Committee link English

http://www.cedaw.org.tw/en/en-global/download/downloadFile/115

19. The IRC recommends that the Government:

(a) improve indicators and conduct a broad study on the prevalence of stereotypes and wrongful application of law by prosecutors and judges, as recommended in the second review;

(b) extend systematic and mandatory capacity-building on women’s human rights and gender equality for all judges, prosecutors, public defenders, lawyers, law enforcement officers, administrators and expert practitioners;

(c) ensure capacity building is interactive and contextualized, in order to develop critical thinking through the analysis of intersectional discrimination in real cases, highlighting best practices and wrongful application of laws. Special attention should be given to indigenous, migrant women, older women, women with disabilities, LBT women and intersex persons; and

(d) ensure that capacity-building programmes address the issue of the credibility of women’s voices as parties and witnesses.

 

Gender-based violence against women

28. The IRC expresses its concern on the persistent high rates of gender-based violence against women, including physical, psychological, sexual and economic violence and contemporary forms of violence occurring online and in other digital environments. The IRC is also concerned with the reportedly high number of justice system professionals that do not recognize domestic violence as a gender issue. It is also concerned with the fact that the Domestic Violence Prevention Act does not have any reference to the specificity of domestic violence against women.

29. The IRC recommends that the government:

(a) amend the Domestic Violence Prevention Act to specify gender based violence against women, in accordance with General Recommendation no. 35.

(b) raise awareness on online violence and develop measures against hate speech, which should provide for a monitoring mechanism to assess the impact of the measures taken and design remedial action, with a special focus on women facing intersecting forms of discrimination based on gender and ideologically motivated hate speech, such as lesbian, bisexual and transgender women and intersex persons.

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