To commemorate the April 20, 2000, death of “Rose Boy” Yeh Yung-chih (葉永鋕), who had been bullied due to his gender nonconformity, the Ministry of Education last year designated April 20 as Gender Equality Education Day. It is to be observed for the first time on Thursday.
The purpose of highlighting gender equality is to create a society inclusive of all people. Be it in the workplace, on campus or in one’s family, it is hoped that people of all gender identities can be treated with respect and kindness. No discrimination or harassment should be inflicted on someone because of their sexuality or gender.
The meaning and values of Gender Equality Education Day are significant, as they represent an important milestone in the promotion of gender equality in Taiwan.
Regrettably, sexual harassment still accounts for one-third of all cases reported to local administration offices.
When a person is sexually harassed, their autonomy could be severely damaged. Moreover, their basic rights, such as the right to work and the right to education, are infringed.
The workplace is where sexual harassment is most likely to occur, and when it does, such incidents can affect not only the victim’s basic rights, but also their family. It is imperative to tackle the issue seriously and eradicate workplace bullying.
In the past few months, many sexual harassment cases have been reported, and many employers, supervisors and top executives have been charged as perpetrators.
As these investigations proceed, people have questioned the effectiveness of sexual harassment laws, specifically Article 13 of the Act of Gender Equality in Employment (性別工作平等法). It states that “When employers know of the occurrence of sexual harassment ... immediate and effective correctional and remedial measures shall be implemented.”
The provision requires employers to be responsible for the prevention and correction of sexual harassment, meaning they can act as both baseball player and umpire in cases where they themselves are accused of sexual harassment.
As a result, it is unlikely that such cases of sexual harassment would be effectively addressed or remedied, and consequently, the victims would find the act ineffectual.
The Awakening Foundation — in collaboration with Democratic Progressive Party legislators Hung Sun-han (洪申翰), Fan Yun (范雲), Lin I-chin (林宜瑾) and Rosalia Wu (吳思瑤) — held a public hearing on the issue. They demanded that an external, independent mechanism for investigating sexual harassment claims against employers should be established.
Experts and academics have said that loopholes in laws should have been addressed a long time ago, adding that a public consensus has already been reached on amending existing laws.
However, some government agencies, on the pretext of a labor shortage, have said they do not want to head up such external investigations.
Endeavoring to solve the problem by pushing forward an amendment, Hung requested that the Ministry of Labor and other agencies review the staffing and budgets of local administration offices as soon as possible.
Sexual harassment in the workplace should not be tolerated. This issue deserves more discussions and attention, and it should be addressed once and for all.
Lee Cheng-lin is a graduate student in National Taipei University’s Department of Law.
Translated by Emma Liu
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