As public awareness of gender equality has risen in Taiwan, the percentage of male victims of domestic violence has increased year by year, accounting for 23.4 percent of cases last year, the Liberty Times (sister newspaper of the Taipei Times) reported recently.
A traditional patriarchal system dictates that men are strong and extroverted while women are passive and introverted. However, the gender framework of “strong men, weak women” is transforming.
Aside from the change in the domestic violence ratio, another major aspect of gender equality awareness deserves greater attention — the imbalance between paternal and maternal rights in cases of discretionary parental rights of minors.
When a couple files for a divorce but cannot reach an agreement on parental rights of their young children, the only way to settle the issue is for a court authority to make a decision. In those cases, a judge almost always orders a social organization to send a social worker to conduct home visits to gain a deeper understanding of the two parties’ backgrounds. The social worker’s report, based on the visits, often influences a judge’s ruling.
In practice, the vast majority of social workers are female. Home visit reports based on a female perspective are often biased in favor of mothers, not to mention the legal principle of granting mothers custody of infant children is an entrenched practice.
Fathers have fewer bargaining chips in a fight for custody of their young children, and enter a dispute with a disadvantage before a lawsuit even begins. Due to the excessive imbalance, minors are the ones most likely to suffer in the end.
When resources allow, home visits should consist of one male and one female social worker, conducting an investigation in collaboration. Changes in approach to gender equality should also involve discussion of discretionary parental rights of minor children, so fathers in Taiwan are no longer at a disadvantage when fighting for custody of their children.
Lee Yen-feng is a lawyer.
Translated by Eddy Chang
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