Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and domestic violence and provides protection for rape survivors. Rape trials are not open to the public unless the victim consents. Amendments to the Sexual Assault Crime Prevention Act stipulate that experts will assist in questioning and appear in court as witnesses when rape victims are minors or mentally disabled, and they authorize the use of one-way mirrors, video conferencing, or other practices to protect victims during questioning and at trial. The law permits a charge of rape even if the victim chooses not to press charges and allows prosecutors to investigate complaints of domestic violence even if the victim has not filed a formal complaint.
The law establishes the punishment for rape as a minimum of five years’ imprisonment, and courts usually sentenced individuals convicted of rape to five to 10 years in prison. Courts typically sentenced individuals convicted in domestic violence cases to less than six months in prison.
In August the Supreme Court upheld a jail sentence of 39 years and two months for Justin Lee, the son of a wealthy banking tycoon. Lee was accused of drugging and sexually assaulting multiple women and filming sex acts with them between 2009 and 2011.
Many victims did not report the crime for fear of social stigmatization, and various nongovernmental organization (NGO) and academic studies estimated the total number of sexual assaults was seven to 10 times higher than the number reported to police. Some abused women chose not to report incidents to police due to social pressure not to disgrace their families.
The law requires all cities and counties to establish violence prevention and control centers to address domestic and sexual violence, child abuse, and elder abuse.
Sexual Harassment: The law prohibits sexual harassment (see section 7.d.). In most cases, perpetrators were required to attend classes on gender equality and counseling sessions, and when the victims agreed, to apologize to the victims.
Incidents of sexual harassment were reportedly on the rise in public spaces, schools, the legislature, and in the government.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law provides the same legal status and rights for women as for men. Women experienced some discrimination in employment (see section 7.d.).
Birth Registration: Citizenship is derived from that of either parent. Births must be registered within 60 days; failure to do so results in the denial of national health care and education benefits. Registration is not denied on a discriminatory basis.
Child Abuse: The law stipulates that persons learning of cases of child abuse or neglect must notify police or welfare authorities. An official 24-hour hotline accepted complaints of child abuse and offered counseling. Courts are required to appoint guardians for children of parents deemed unfit. In light of increasing child abuse cases in childcare centers, the legislature amended the Early Childhood Education and Care Act in May, imposing tougher punishments. Childcare center owners and teachers who physically abuse or sexually harass children may be fined between NT$60,000 and NT$500,000 ($1,950 and $16,300), and the names of perpetrators and their institutions will be made public. Owners who fail to verify the qualifications of teachers and employees face a maximum fine of NT$250,000 ($8,140).
Children’s rights advocates called on medical professionals to pay attention to rising numbers of infants and young children sent to hospitals with unusual injuries and to take the initiative to report suspected abuse to law enforcement while treating these children. Advocates also called attention to growing numbers of bullying, violence, and sexual assault cases at correctional institutions, while pointing out that these facilities were usually understaffed and their personnel were inadequately trained to counsel and manage teenage inmates.
Central and local authorities coordinated with private organizations to identify and assist high-risk children and families and to increase public awareness of child abuse and domestic violence.
Early and Forced Marriage: The legal minimum age of marriage is 18 years for men and 16 for women.
Sexual Exploitation of Children: The law prohibits the commercial sexual exploitation of children and child pornography. In November 2017 lawmakers amended the Child and Youth Sexual Exploitation Prevention Act (CYSEPA) to stiffen penalties against child pornographers. The amendment stipulates that a perpetrator who films an underage person engaging in sexual intercourse or obscene acts or produces pictures, photographs, films, videotapes, compact discs, electronic signals, or other objects that show an underage person engaging in sexual intercourse or obscene acts, shall be subject to imprisonment for between one and seven years, and could face a maximum fine of NT$1.0 million ($32,600). Prior to the amendment, the CYSEPA prescribed prison sentences ranging from six months to five years, and the maximum fine was NT$500,000 ($16,300).
The minimum age for consensual sexual relations is 16 years. Persons who engage in sex with children younger than 14 face sentences of three to 10 years in prison. Those who engage in sex with minors between 14 and 16 receive a mandatory prison sentence of three to seven years. Solicitors of sex with minors older than 16 but younger than 18 face a maximum of one year in prison or hard labor or a maximum fine of NT$3.0 million ($97,700).
While authorities generally enforced the law domestically, elements of the law that treat possession of child pornography as a misdemeanor rather than a felony hampered enforcement in some cases. Authorities also did not investigate or prosecute any cases of child sexual exploitation committed by citizens while traveling abroad, although the law permits this.
In February police arrested two men in connection with an international child pornography distribution ring. Police uncovered mobile hard drives that contained an estimated 2,500 pornographic videos of minors, including infants. The suspects face charges of violating the CYSEPA.
NGOs raised concerns about online sexual exploitation of children and reported that sex offenders increasingly used cell phones, web cameras, live streaming, apps, and other new technologies to deceive and coerce underage girls and boys into sexual activity.
There were reports of minors in prostitution.
International Child Abductions: Due to its unique political status, Taiwan is not eligible to become a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community was very small, estimated at 1,000 individuals who meet regularly, and consisted predominately of foreign residents. There were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. The law stipulates that authorities must provide services and programs to persons with disabilities. Persons with disabilities have the right to vote and participate in civic affairs. Taiwan has incorporated the terms of the UN Convention on the Rights of Persons with Disabilities into its laws.
Authorities enacted and made efforts to implement laws and programs to provide access to buildings, information, and communications. NGOs contended the lack of barrier-free spaces and accessible transportation systems continued to limit civic engagement by persons with disabilities, particularly outside Taipei. A prominent NGO leader, however, spoke positively about notable improvements in transportation during the year, such as the increase of low-floor buses across Taiwan, especially in Taoyuan City. Citing Taoyuan as an example, the advocate encouraged local governments proactively to put forward proposals and solicit subsidies from central authorities to improve the accessibility of transportation networks and other facilities.
Most children with disabilities attended mainstream schools, but separate primary, secondary, and vocational schools were also available for students with disabilities. NGOs asserted that services for students with disabilities remained largely inadequate.
There were occasional reports of sexual assaults against persons with disabilities in educational and mental health facilities. In May a nurse at a center for persons with mental disabilities in Hualien County uncovered evidence that a senior administrator at the center had molested or sexually assaulted at least four female residents and that the center had tried to cover up the abuses. The nurse reported the case to the Hualien Social Affairs Department and police. The perpetrator, surnamed Chang, was suspended from his position and was under investigation for aggravated sexual assault and abuse of authority.
As of July spouses born in Indonesia, the Philippines, Thailand, Vietnam, and the PRC accounted for approximately 1 percent of the population. Foreign and PRC-born spouses were reportedly targets of social discrimination outside and, at times, inside the home.
The Nationality Act allows non-PRC-born foreign spouses of Taiwan passport holders to apply for Taiwan residency after three years, while PRC-born spouses must wait six years. Unlike non-PRC spouses, however, PRC-born spouses may work in Taiwan immediately on arrival. The status and rights of PRC-born spouses are governed by the Act Governing Relations Between the People of the Taiwan Area and the Mainland Area.
Authorities officially recognize 16 indigenous tribes, accounting for approximately 2.3 percent of the population. The law provides indigenous people equal civil and political rights and stipulates that authorities should provide resources to help indigenous groups develop a system of self-governance, formulate policies to protect their basic rights, and promote the preservation and development of their languages and cultures.
Following President Tsai’s 2016 formal apology to Taiwan’s indigenous peoples for past injustices, her office set up an Indigenous Historical Justice and Transitional Justice Commission led by the president. The Executive Yuan convened the Indigenous Peoples Basic Law Promotion Committee and released annual reports on progress in addressing historical injustices.
The Indigenous Languages Development Act of 2017 designates the languages of Taiwan’s 16 indigenous tribes as national languages and entitles indigenous peoples to use their languages in official settings. The act follows the Indigenous Peoples Basic Law of 2005 and the Indigenous Traditional Intellectual Creations Protection Act of 2007. As part of a pilot program, authorities established a number of schools designed exclusively for indigenous children to ensure that they grow up in their native cultural and linguistic environment.
In March the Legal Aid Foundation funded by the Judicial Yuan launched Taiwan’s first indigenous legal service center in Hualian to provide legal assistance to indigenous persons.
In 2017 the Executive Yuan’s Council of Indigenous Peoples announced guidelines on the delineation of government-owned traditional indigenous territories. Indigenous rights advocates argued that a large amount of indigenous land was seized and privatized decades ago and that the exclusion deprived indigenous communities of the rights to participate in the development of these traditional territories.
Existing law stipulates that authorities and the private sector should consult with indigenous people and obtain their consent to or participation in, as well as share with them the benefits of, land development, resource utilization, ecology conservation, and academic research in indigenous areas. There are, however, no regulations in place for obtaining this consent with respect to private land.
Indigenous people participated in decisions affecting their land through the political process. The law sets aside six of the 113 seats in the legislature for indigenous tribal representatives elected by indigenous voters. In addition to the six legislators, the current Legislative Yuan has two indigenous legislators elected on proportional representation party lists.
Indigenous rights advocates protested the 2017 20-year renewal of permits for the Asia Cement Corporation’s mining operations near a Truku community in Hualien County. They criticized the Indigenous Historical Justice and Transitional Justice Committee for failing to protect indigenous land rights. The Bureau of Mines renewed the permit without the consent of the Truku community. The original permit expired in November 2017.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
The law stipulates that employers cannot discriminate against job seekers based on sexual orientation and prohibits schools from discriminating against students based on their gender expression, gender identity, or sexual orientation.
In June the Control Yuan reprimanded the Ministry of Health and Welfare and the Ministry of the Interior for ignoring intersex people and failing to protect their right to health. The Control Yuan pointed out that parents may be pressured to allow intersex infants to undergo “normalizing” surgery because of insufficient medical guidelines and pressure on parents to register their child’s gender at birth. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced discrimination in accessing sensitive health services, and the Control Yuan found the lack of accessible care a violation of the principle of equality.
Activists for LGBTI rights said discrimination against LGBTI persons was more widespread than suggested by the number of court cases, due to victims’ reluctance to lodge formal complaints. Reported instances of violence against LGBTI individuals were rare, and the police response was adequate.
HIV and AIDS Social Stigma
The law prohibits potential employers from requesting health examination reports from job candidates to prove they do not have HIV or other communicable diseases. There was reported discrimination, including employment discrimination, against persons with HIV/AIDS (see section 7.d.).