Following the ratification of amendments to the Constitution last year, any further changes must be given final approval by the public through referendums. The power to change the Constitution has thus been granted directly to those with whom sovereignty resides, namely you and me. Given that the power to reform the Constitution belongs to all Taiwanese, women should also be concerned about taking part in the process. They should hold this issue closer to their hearts than men, and actively lead and promote constitutional reform for women and for all.
Women should ask whether provisions in the Constitution dealing with gender equality are too simplified. Do they only provide superficial, formalized gender equality, rather than considering differences between men and women based on real social needs and power structures, in order to offer equality and guarantees that are truly in line with reality?
Women should ask why the Constitution -- which has merely a dozen articles dealing with fundamental human rights -- fails to take into consideration several important issues of the deepest interest to women of different socio-economic status, ethnicity or even nationalities. These issues include, for example, the right to personal autonomy, body integrity, sexual autonomy, health, freedom of marriage (including same-sex marriage or union), the right to native language and to choose one's own name, children's rights (including rights to be educated and raised), citizenship rights to immigrate, emigrate and naturalize, labor rights for local and migrant workers, and last but not the least, the right of cultural recognition.
Women of course are part of "the people," but why does the Constitution fail to address issues that women encounter over and over again?
Women should ask why the political structure under the Constitution is in complete disarray, causing many of them to worry that the government may not be able to effectively carry out important policies such as national defense, environmental sustainability, health and welfare. Is a Cabinet system or a presidential system better in terms of producing a responsible government that can be trusted by women? What kind of electoral system will produce elected representatives of a higher standard? Is the ratio of women in the administrative, legislative and judicial institutions at the central and local levels disproportionately low?
A number of emerging democracies have established under their constitutions gender equality committees, and set up human -rights commissions or charged certain officials with protecting human rights, stipulating that these positions should be held to a large extent by women. People may wonder whether Taiwan should follow these nations and adopt a similar design.
Moreover, women should ask what Taiwan's identity and future will be, and whether the Constitution of the Republic of China should be given a more thorough review or even a name change. They should also ask what the nationality our next and future generations will be, and if they will have to continue to tolerate diplomatic isolation by the international community.
If all women, regardless of their socio-economic status, ethnicity and even nationality, could gain an understanding of the urgency of constitutional reform, it would have a great impact on matters large and small in their daily lives. If they could bravely stand up to express their concern and even take a lead in the process, then I believe that constitutional reform would be successful and beneficial not only to women but to all people.
Chang Wen-chen is an assistant professor in the College of Law at National Taiwan University.
Translated by Lin Ya-ti
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