Over the past century, Chinese Taipei has adopted a Western civil and capitalist legal system. Despite these developments, its Civil Code retains strong paternal characteristics. The paternalism is especially apparent when the situation of women in Chinese Taipei is compared to that of their counterparts in the People’s Republic of China. A comparative study by Chen suggests that legislation in the People’s Republic of China more effectively upholds the principle of gender equality.
Thanks to the initiatives and efforts of private organisations, awareness of women’s rights issues in Chinese Taipei is increasing. In the past decade, the government has implemented various legal amendments that aim to protect women’s interests. One example of positive progress concerns education: portrayal of traditional gender roles has been eradicated in school textbooks.
Legal frameworks in Chinese Taipei provide women with a high degree of protection in regard to family matters. Early marriage appears to be uncommon. The legal marriage age is 16 years for women and 18 years for men, but a 2006 study by the Ministry of Interior reports that the national averages are much higher: 28.5 years for women and 32.5 years for men. The Taipei Times reports that the average age of marriage is highest in Taipei City and lowest in Changhua County.
Officially, polygamy is illegal in Chinese Taipei. But it is not uncommon for rich Taiwanese men – particularly businessmen who cross the border frequently – to have concubines or second wives in the People’s Republic of China.
Recent revisions to the civil code in Chinese Taipei grant men and women equal rights in regard to parental authority. However, women are still defined largely by their roles as mothers, wives and homemakers. In fact, they were granted equal custody rights only in 2002. Prior to that time, fathers were automatically granted custody of a couple’s children, even in the event of divorce by mutual consent.
The law does not discriminate between men and women in the area of inheritance. However, an article by Gao in the Taiwan Review reports that daughters are often expected to forego their rights in deference to their brothers.
Protection of the physical integrity of women in Chinese Taipei is quite high and continues to improve. In response to pressure from various women’s organisations, the government recently introduced new laws to protect women from gender-based violence. The 1997 Sexual Assault Prevention Act criminalises all sexual violence against women, including spousal rape. The 1999 Domestic Violence Prevention Act gives police and government officials the authority to take action in domestic conflicts, even in the absence of a formal lawsuit by the victim. In 2006, the Sexual Harassment Prevention Act extended legal protection for women to include verbal and psychological harassment.
Enforcement of these laws varies between regions and domestic violence remains a problem. There appears to be an abnormally high rate of domestic violence in cross-border marriages, many of which are arranged by international brokers. According to a US Department of State study, more than 61 000 cases of domestic violence were reported between January and November of 2006 — representing a projected 9 per cent increase over cases reported in 2005. The Ministry of Interior cites this as evidence of women’s increased willingness to report incidents. It should be noted that women in Taipei City, for example, benefit from a stronger network of social protection services than is available to women in other parts of the country.
There is no evidence to suggest that female genital mutilation is practised in Chinese Taipei.
The sex ratio at birth in Chinese Taipei is slightly in favour of boys, which suggests some incidence of missing women. The Taiwan Review reports that the preference for male children has outlived the country’s reliance on agriculture and the attendant need for manual labour.
Recent legal reforms have served to provide better protection of women’s ownership rights. Until the Civil Code was revised in 2002, women in Chinese Taipei were long deprived of managing their matrimonial property, including access to land and access to property other than land. In the absence of a formal agreement, husbands had the right to control, use and dispose of their wives’ property. By contrast, wives had no right to their husband’s property. Today, men and women have equal legal rights to property registered under their respective names.
Legal provisions do not discriminate against women in their rights to access to bank loans and other forms of credit. Female entrepreneurs (mostly from the younger generation) benefit from various micro-credit schemes, but are still out-numbered by male borrowers. A study on the framework for integrating Chinese Taipei into the Asia-Pacific Economic Co-operation (APEC) group shows that in the first quarter of 2003 slightly more than 1 200 women received micro-entrepreneurship loans, representing almost 25 per cent of successful applicants.
Women in Chinese Taipei have a high degree of civil liberty. They do not face any legal restrictions on their freedom of movement and freedom of dress.
APEC (Asia-Pacific Economic Cooperation) (n.d.), Chinese Taipei Framework for the Integration of Wo¬men in APEC, APEC Gender Focal Point Network, Santiago.
Chen, Y. (2002), “Civil Law Development: China and Taiwan”, Stanford Journal of East Asian Affairs, Spring 2002, Vol. 2, Palo Alto, CA, pp.8-14.
Chung, O. (2001), Liberating Women, Taiwan Government Information Office, Republic of China, www.gio.gov.tw.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
Lang, G. and J. Smart (2002), “Migration and the Second Wife in South China: Toward Cross-border Polygyny”, The International Migration Review, Vol. 36, No. 2, Blackwell, Oxford.
Lin, J. (2006), Taipei Has Oldest Average Marrying Ages, Report Says, Taipei Times, Taipei City, www.taipeitimes.com.
Taiwan Government Information Office, Republic of China (n.d.), A Brief Introduction to Taiwan: Social Welfare, www.gio.gov.tw.
Gao, P. (2006), Toward True Gender Equality, Taiwan Review, http://taiwanreview.nat.gov.tw.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: China (Taiwan Only), US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
