domestic law – Taiwan Insight

The Procrastinating Progress of Transnational Same-Sex Marriage Rights in Taiwan

18 January 2023 Yi Yu Lai

Written by Annie Huang. One historical human rights progress Taiwan made happened in 2019 when the government legalised same-sex marriage. It was a rainy morning, and hundreds of LGBTI groups and activists were standing outside the Legislative Yuan waiting for results. When the president of the Legislative Yuan announced the legalisation of same-sex marriage, the rain stopped, and a rainbow appeared in the sky. People hugged and wept with joy for this historical first in Asia. However, at the same time and in the same plaza, a group of Taiwanese same-sex people burst into tears not because of happiness but because of sadness and discrimination. Transnational same-sex couples are left out of the legalisation content in the same-sex marriage bill without much reasonable reason.

Police’s Right to Use Firearms? Lessons from the Murder of Two Police Officers in Taiwan

13 January 2023 Yi Yu Lai

Written by Ting-Yi Bai. In August 2020, the murder of two police officers shocked Taiwanese society. The police officers, Tu Ming-Cheng, and Cao Ruei-Jie, investigated larceny after receiving a report that a stolen motor had been seen near Chikan Tower in Tainan. While searching for the suspect separately, Tu Ming-Cheng was suddenly attacked by the inmate Lin Xin-Wu, who had escaped from Mingde Minimum-Security Prison. Cao Ruei-Jie was also stabbed after failing to halt the culprit. Both died in the end.

Taiwan Decriminalized Adultery, But Does the Public Support The Change?

13 July 2022 Adrian Chiu

Written by Madelynn Einhorn, Josie Coyle, and Timothy S. Rich. In June 2021, the Taiwanese legislature removed a nearly 90-year law criminalizing adultery, punishable with up to 12-months in prison and fines averaging 90,000 NTD (roughly USD 3000). In May 2020, the Constitutional Court overruled Article 239 of Taiwan’s criminal code, which criminalized adultery, because it violated the Constitution. The legislature removed the article from the legal code approximately a year later. South Korea removed a similar law in 2015 and India in 2018. Taiwan was one of the last liberal democracies to keep adultery illegal and the last East Asian country aside from the Philippines.

Unpacking the Colonialist Undertones of the Indigenous People’s Basic Law: Law as a Tool of Oppression in Taiwan

3 January 2022 Editor

Written by Aaron Chen. In May 2021, Taiwan’s Constitutional Court considered a high-profile case concerning indigenous hunting rights. First opened in 2013, the Bunun man, Tama Talum, had been convicted for violating the Wildlife Conservation Act, which limited indigenous poaching to solely ceremonial activities. He was also prosecuted under the Controlling Guns, Ammunition and Knives Act, legislation that only allowed indigenous peoples to hunt using homemade weapons, whilst Tama Talum did otherwise.

How Well Does Taiwan Support People With Disabilities?

9 March 2021 Editor

Written by Heng-Hao Chang. After the transition to democracy in the 1990s, all aspects of Taiwanese society changed very quickly, as did the approach to disability rights. The accessibility of public transportation certainly allowed more disabled people to participate in society. The ongoing long-term care policy also covered people with disabilities who needed long-term care. The ratification of the CRPD and international review gave civil society, Disabled People’s Organisations (DPOs), and the government a chance to enter into dialogue and collectively evaluate current policies and practices, including social and cultural challenges.

The Politics of Hate and Fear

16 December 2020 Editor

Written by Andreas Sierek. A migrant construction worker was enjoying himself at a river. We might have disapproved of him being drunk, drugged and naked. We even might have been incensed by his rampageous behaviour. But shooting him dead? Like a stray dog infected with rabies? Not with one bullet but with nine? Insisting that the man – while lying on the dirt, in a pool of blood, dying – must be handcuffed before medics can approach him?

The History and consequences of Taiwan’s “War On Drugs”

27 November 2020 Editor

Written by Elsa Sichrovsky. Due to Taiwan’s geographically strategic position in Southeast Asia and proximity to the Golden Triangle of the heroin trade, it has had a long relationship with narcotics, dating back to opium smoking in the Qing dynasty. In the 1800s, the opium trade thrived following the Opium Wars in China, bringing in more than half of Taiwan’s revenue by 1892. During the Japanese colonial period (1895-1945), the Japanese established an opium monopoly in Taiwan which benefited them economically while they maintained an appearance of opposition to opium smoking. Through sales to hospitals and pharmaceutical companies around the world, opium composed up to 46 per cent of yearly colonial income from Taiwan until 1904.

Finding the Middle Ground Between Indigenous Hunting Rights and Animal Rights in Taiwan

10 November 2020 Editor

Written by Chinghui Liao. Hunting traditions are common across many indigenous communities in Taiwan, and maintaining food security has been an important cultural practice for thousands of years. Recently, however, certain endangered animal species have faced greater risk due to commercial hunting. These cases often involve indigenous communities, and this has made the issue difficult to resolve. In order to protect a functioning and biodiverse ecosystem, the “wildlife conservation law” regulates hunting behaviour and limits legal practise to only specific indigenous ceremonies.

International Human Rights Law, Constitution and ‘A Nation Founded upon the Principles of Human Rights’

29 April 2019 Editor

Written by Kuan-Wei Chen. In Taiwan, which experienced authoritarian rule after World War II, the pursuit of human rights protection was an important task in the process of democratization. The first political party rotation took place in 2000, and during the inauguration of President Chen Shui-bian from the Democratic Progressive Party (DPP), he declared the important policy guidelines of ‘a nation founded upon the principles of human rights as a goal.