Roles of Government and NGOs ChihChieh Carol LIN Associate Dean School of Law National Chiao Tung University Taiwan ChihChieh LIN Carol Lin Associate Dean School of Law National ID: 754601
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Slide1
Gender Mainstreaming in Taiwan: Roles of Government and NGOs
Chih-Chieh
, Carol LIN,
Associate Dean, School of Law, National
Chiao
Tung University, TaiwanSlide2
Chih-Chieh LIN Carol Lin
Associate Dean, School of Law, National
Chiao
Tung University, TaiwanCouncil Member, Advisory Committee, Ministry of Justice, TaiwanExcellent Educator Award, Ministry of Education, Taiwan, 2013Excellent Junior Research Grants , National Science Council, Taiwan, 2012Distinguished Teaching Awards, National Chiao Tung University, Taiwan, 2009Distinguished Mentor Professor Award, National Chiao Tung University, Taiwan, 2010 and 2007Director of Legal Reform Department, Transparency International. Taiwan Chapter Director of 2017 Law and Society Seminar in Taiwan Legal council, Women’s Awakening Foundation Slide3
Rise of Taiwan’s gender mainstreamingSlide4
Taiwan May Be First in Asia to Legalize Same-Sex Marriagehttp://www.nytimes.com/2016/11/19/world/asia/taiwan-gay-marriage-legalize.htmlSlide5
Democratization in Taiwan’s History
1994:
Compulsory Education
Began: women started to have change to be educated1987:Lifting the ban on publication and political parties1969Direct Election on Legislators 1996Direct Presidential Election Slide6
Democratization
In 1996, Ms. Wan-Ru Peng (
彭婉如
), director of DPP Women was brutally murdered. This sad incident raised public awareness on women’s right and safety. Slide7
DemocratizationSlide8
Freedom of Assembly, Association and DemonstrationArticle 14 of Taiwan’s Constitution: People shall have freedom of assembly and association.→The foundation of NGO’s
development
Judicial Yuan Interpretation No 445: This freedom is based on the idea of sovereignty of the people, and is an important basic human right in the implementation of democracy as it facilitates thinking and debate, respects differences, and embodies the constitutional spirit of co-existence. To protect such freedom, in addition to providing suitable places for assemblies and adopting effective security measures to protect assemblies, the country should enact a law and formulate the system in such a way as to enable the participants in assemblies or demonstrations to exercise their freedom of assembly without fear.Slide9
What is Gender Mainstreaming? the Inspiration and the DefinitionSlide10Slide11
“Mainstreaming a gender perspective is the process of assessing the implications for women and men of any planned action, including legislation, policies or programs, in all areas and at all levels.”
“Making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programs in all political, economic and societal spheres.”
“The ultimate goal is to achieve gender equality.”Slide12
The development of gender mainstream in governmentSlide13
行政院性別平等會The Gender Equality Committee of the Executive YuanSlide14Slide15
The Goals
strengthen
the partnership
between the government and the private sectorensures close contact between women’s associations inside and outside TaiwanFrom 行政院性別平等會 http://www.gec.ey.gov.twSlide16
Primary Work: Implementation of CEDAWThe Enforcement Act of CEDAW was put into effect on January 1,
2012
Require
the provision and handling of training, regulations, and review of measures for central and local governments, the drafting of national reports on the elimination of gender discrimination and the establishment of a compliance assessment system, and arrangements for guidance on the prevention of gender discriminationFrom 行政院性別平等會 http://www.gec.ey.gov.twSlide17
Primary Work: Enactment of Gender Equality Policy GuidelinesThe Gender Equality Policy Guidelines were announced on December 19, 2011A
dvocate
women's rights and gender equality in 7 main categories:
power, decision-making, and influence(2) employment, economy, and welfare(3) education, culture, and mediaFrom 行政院性別平等會 http://www.gec.ey.gov.twSlide18
Primary Work: Enactment of Gender Equality Policy Guidelines(4) personal safety and the judicial system
(5
) health, medical service and
care(6) population, marriage, and family(7) the environment, energy, and technologyIn addition, a total of 255 initiatives were introduced to direct various government bodies in the adoption of the Gender Equality Policy GuidelinesSlide19
Primary Work: Gender mainstreaming in central and local governmentsGender equality and gender mainstreaming units have been assembled within central and local government bodies to develop proper implementation tools and practices for these objectives:
From
行政院
性別平等會 http://www.gec.ey.gov.twSlide20
Primary Work: Gender mainstreaming in central and local governmentsArrange for gender mainstreaming training for civil servants at the national and local levelsPromote the development and implementation of assessments on the influence on each gender of government plans, laws, and regulations
Step up teaching of gender awareness; and to vest local women's rights promotion committees with greater functionality
From
行政院性別平等會 http://www.gec.ey.gov.twSlide21
Primary Work: Global participation and local trainingArrange local training in gender equality and facilitates economic exchanges and policy dialogues among the central and local governments and the publicSuch
exchanges promote gender-equality awareness in local governments and private organizations and, together, help to effect gender equality
work
From 行政院性別平等會 http://www.gec.ey.gov.twSlide22
NGO’s role in Taiwan gender mainstreaming
Gentleness X Rebellion Slide23
The Enlightenment台灣女權意識的啟蒙Slide24
1922 女宣道會 as the first Feminist affiliated organization of Presbyterian Church in Taiwan (台灣基督教長老教會)founded in Taipei.
1925
彰化婦女共勵會
as the first independent Feminist established. 1976 Madam Annette Lu Hsiu-Lien (呂秀蓮女士)founded the Pioneer Publishing, arousing the Feminist self-awareness by the idea of “先做人再做男人或女人”.1982 the first Feminist magazine, the Awakening Magazine (《婦女新知雜誌》)was published, initiating the second-wave of the Feminist Movement in Taiwan.http://www.huweisalon.com/woman100/milestone.htmlSlide25
the first Feminist movement:the liberation 第一波女權運動:廢娼、解放婦女、養女保護運動Slide26
1946 The Taiwan Provincial Women Association (台灣省婦女會)was founded, actively advocating the abolition of prostitution and the liberation of women, and engaging in the work of protecting foster daughters. 1956 The Taiwan Provincial Government(台灣省政府), Madam Soong May-ling(蔣宋美齡女士)
established
the Taiwan Provincial Women Association (
臺灣省保護養女運動委員會), integrating governmental and non-governmental power to provide the plaintiffs am access to grievance procedure and to improve their dilemma and livelihood skills. http://www.huweisalon.com/woman100/milestone.htmlSlide27
1956 The Enactment of 《臺灣省現行養女習俗改善辦法》 so that women's groups and the police can intervene to deal with the issue of foster daughters.“Foster Daughters” is the important gender issue in the first Feminist Movement in 50’s Taiwan.http://www.huweisalon.com
/woman100/
milestone.htmlSlide28
Women in politics 女性參政Slide29
1951 The Taiwan Provincial Provisional Provincial Council (台灣省臨時省議會)held the first election as for the initiation of the gender quota of legislators. 1968 Doctor Hsu Shih-Hsien (許世賢女士)was elected as the first female city major in Taiwan, and won the election of legislators with the highest votes four years later.
http://
www.huweisalon.com
/woman100/milestone.htmlSlide30
1988 The secretary-general of the Awakening Foundation, Peng Wan-Ru (彭婉如女士)proposed the gender quota for one fourth of the elected seats to be reserved for women.
1997
Women's groups petitioned the National Assembly
(國民大會,在2005.6已廢止)several times to amend the Constitution to increase women’s quotas in government and to encourage women to participate in politics in substance.http://www.huweisalon.com/woman100/milestone.htmlSlide31
1999 The Legislation Yuan (立法院)passed the law for establishing the gender quota for one fourth of the elected seats to be reserved for women on the Local Government Act (《地方制度法》). 2000 總統大選全國婦女團體聯盟
strongly urged candidates of the presidential election to sign the “Women's Check"
(「女人支票」)
and improved forward in the specific women's policies. In the same year, the first female vice-president, Madam Annette Lu (呂秀蓮女士), also promised to implement “the cabinet in quarter are female” (「女性內閣四分之一」). http://www.huweisalon.com/woman100/milestone.htmlSlide32
Women in family 婦女家庭人權Slide33
1994 Women’s groups supported Teng ju-wen (鄧如雯女士) who murdered her husband because of her suffering in the long-term domestic violence. Women groups urged the government to concern about the marital violence. Although Deng was commuted sentences in the end, the Taiwan‘s Family Violence Prevention Act (《家庭暴力防治法》)
was still
under a great lengthy legislative negotiations until four years later, the public authority was finally involved in domestic violence.http://www.huweisalon.com/woman100/milestone.htmlSlide34
1994 The regulations of child custody, parental authority and husband-and-wife property in the Civil Code Part IV Family(《民法親屬編》) have seen as the symbol of patriarchal privilege
and have
unadjusted for over 60
years, finally being declared unconstitutional by the Justices of the Constitutional Court. 1998 The amendment of the regulation of taking husband’s last name in the Civil Code Part IV Family. http://www.huweisalon.com/woman100/milestone.htmlSlide35
Amendments in Family Law : Marital Property1930
1985
2002
Joint Property System Joint Property System Abolish joint property systemThe husband can take all his wife’s property during the marriage relationshipAllow certain marital property to be equally distributed to the husband and the wife when joint property system ends. Allow the property acquired in marriage can be equally distributed to one of the spouses when the marriage ends.Slide36
Amendments in Family Law : Children CustodySlide37
RIGHT TO WORK婦女工作權Slide38
1987 Sun Yat-Sen Memorial Hall incident. 1989 The Awakening Foundation introduced the Gender Equality in Employment
Bill
(
《兩性工作平權法》)which was passed in 2001 after a decade of continual proposals to the government.http://www.huweisalon.com/woman100/milestone.htmlSlide39
1997 Taipei Municipal Government announced the abolition of the Prostitution Administration Regulation in Taipei City (《台北市娼妓管理辦法》) which made 128
prostitutes
lose
their rights to work and triggered a sharp debate on sexual transaction in society.2011 The Law for Maintaining Social Order(《社會秩序維護法》) gave local governments the right to set Sexual Transaction Zones (性工作專區).Slide40
Women’s security婦女人身安全Slide41
1996 The accident of the feminist movement activist Peng Wan-Ru (彭婉如女士) made the government and the public begin to concern about women's personal safety. With the request of women‘s groups
, the
Sexual Assault Crime Prevention law
(《性侵害防治法》)finally adopted and promulgated one year later after the incident.Since then, the Awakening Foundation (婦女新知基金會)gave a comprehensive view and called for revisions of gender equality education in textbooks at all educational levels.http://www.huweisalon.com/woman100/milestone.htmlSlide42
1997 The Ministry of Education (教育部)established the Gender Equality Education Committee(《兩性平等教育委員會》)
as for the authority of
gender
education. 2004 The “Gender Equity Education Act” (《性別平等教育法》) was promulgated.2010 The White Rose Movement(白玫瑰運動): Women's groups urged to speed up the amendment of the Sexual Assault Crime Prevention law (《性侵害防治法》) to prevent sex abuse. http://www.huweisalon.com/woman100/milestone.htmlSlide43
Women’s media女性媒體Slide44
http://www.huweisalon.com/woman100/milestone.htmlhttp://www.taiwanwomencenter.org.tw/zh-tw/Landmark/Landmark/Content/1/Northern/Landmark_Taipei/Landmark_Taipei_04https://www.facebook.com/Fembooks1994/photos/a.152173424804408.28029.109958162359268/109958225692595/?type=1&theaterSlide45
New inhabitants外籍配偶權益保障Slide46
http://tasat.org.tw/https://www.facebook.com/4wayvoice/http://www.huweisalon.com/woman100/milestone.htmlSlide47
Social movement社會運動與性別思潮Slide48
Gave birth to the “Genetic Health Act”(《優生保健法
》
)
http://www.peoplenews.tw/news/e4e91a38-d879-4c3b-99ef-f566f5bd664ehttp://www.huweisalon.com/woman100/milestone.htmlSlide49
Sexual freedom性解放與情慾自主Slide50
http://www.huweisalon.com/woman100/milestone.htmlSlide51
Taiwan’s challenges & Responses to gender mainstreamingSlide52
international ReviewThe universal obstacles in the practice of Gender MainstreamingSlide53
3-Dimension ExaminationSlide54
Taiwan’s LessonsThe localization of Gender MainstreamingSlide55
The Beginning: Inside-Out & Top-DownIn contrast to the "velvet triangle" (dominated by feminist bureaucrats
),
Taiwan
uses velvet triangle inside the government system and advocates an "inside-out" model composing by members of the half-official group, "Women's Rights Council of the Executive Yuan” (the predecessor of GEC).Coupled with the support from the Premier, launched a wave of a "top-down” practice.Slide56
The Conflicts between Civil Officers and NGOSStruggle in the changes of the roles- not the supervisor v. supervisee but team worker--- learn very hard to build companionship with the government officersLacks grassroots feminists- can scholars and professors represent all difference voices and interests? Slide57
The Conflicts between Civil Officers and NGOSAct with undue haste: start practicing a policy it has not yet been fully understood by the officers,
and
be without any practicable plan
NGO: learning by doing v.s Civil Officers: working on a clear SOPThe gap between different cultural running in different fieldsSlide58
The Conflicts between Civil Officers and NGOSEfficiency and Cost: NGO members are not familiar
with the
parliamentary
procedure and formal meeting rule.Policies change all the times Slide59
The Conflicts between Civil Officers and NGOSIdentification and Accountability : the half-official commission is mission oriented institute which plays a role as an advisory board – offers policy and legal proposal but has no power to enforce – through political pressure ( usually work with congress members) – blur the line of separation of power and create the issue of accountability.Institutionalization – be a formal unit of the government as the solution: the establishment of GEC in 2012Slide60
Limitations of the Bureaucratic SystemParochialismTechnocratization
The importance of mutual understanding and establishing a strong alliance between the official and private sectorsSlide61
The Challenges in Gender PoliticsPatriarchal
dominance
No sense of gender equality (unknown or not consider it important)
Contract theory: it is not a gender discrimination if it is a woman herself who decides to give up on career for family or child-care? Organizational culture and resource allocationHegemony of politically correct Slide62Slide63
Suggestions for the Future of Gender Mainstreaming in Taiwan Institutionalization of Gender Equality bodies: the establishment of GEC in 2012
Strengthen
the consultative function of
gender equality tem(性別平等專案小組) in each department or office in the central governmentInclude diverse groups in to velvet triangle Slide64
Suggestions for the Future of Gender Mainstreaming in Taiwan Track the effectiveness of execution yearlyCooperation between officesNGOs should learn how to support themselvesSet clear gender-related goals and revise policies.
Build
up a more friendly and inclusive environment for communication and discussion
Raise awareness→Katharine T. Bartlett : “Asking the woman question “Slide65
Q & AQuestions make inspirations!Slide66
References婦女新知基金會http://www.awakening.org.tw/enhtml/about.asp?id=1&atype=1台灣婦女團體全國聯合會http://www.natwa.org.tw/about1-1.php
行政院性別平等會
http://
www.gec.ey.gov.tw彭渰雯 ,當官僚遇上婦運:台灣推動性別主流化的經驗初探 ,東吳政治學報,第二十六卷第四期 (2008)。黃淑玲,性別主流化-台灣經驗與國際的對話,研考雙月刊, 第32卷第4期32卷4期 , P3 – 12 (2008)。賴韻琳、莊靜雯,行政院性別平等專責機制及權責調整之探討,研考雙月刊,第36卷第2期,p81-93 (2012)。盛盈仙、盧國益,跨國倡議網絡下的女權運動──以性別主流化政策為例,長庚人文社會學報, 第六卷第一期,p
69-98
(
2013
)。
Wan-Ying Yang, From Committee for Promotion of Women's Rights to Committee for Gender Equality-A State Feminism Study from Comparative Perspective,
Political Science Review
, No. 21, p117-147 (2004).
Daly
, Mary. “Gender mainstreaming in Theory and Practice
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”
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Social
Politics
(
2005).
Rao, A. “Gender equality architecture and gender equality
reforms.”,
UN
(
2006).
,Lin, Fang-Mei,
The Changing Relationship Between the State and Women’s Organizations: Using Taiwan as a Case Study of Women’s Movement and Gender Mainstreaming,
Journal of State and Society
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).