Reply and Recommendation of Taiwan Tongzhi Hotline Association to the list of issues on ICESCR
Article 3, ICESCR
(No. 15, List of Issues ROC State Report on ICESCR)
Comment and Recommendation(Chinese)
Comment and Recommendation(English)
1. The Art. 3 (ICESCR) is to ensure the right of equality based on gender. In this issue, it especially refers to gender identity among transgender and intersex people. State shall take appropriate measures to secure equal rights and against discrimination toward transgender and intersex people.
2. As Taiwan Tongzhi Hotline Association (Hotline, TTHA) has mentioned in the application No. 29 (List of Application for Dialogue with the Review Committee For the Taiwan’s Initial Report under the ICESCR), transgender and intersex people are facing many difficulties and discriminated by Taiwan society. Their economic, social and culture rights, such as right to work, social security, human security, and right to health are not ensured by the State. Furthermore, without legal protection, their rights are violated by individuals, private sectors and the State in most cases.
3. Hotline has to point it out that Taiwan government has no knowledge, understanding about concept of “gender identity” according to the reply by Taiwan government. (See, No. 16 List of Issues to be taken up in connection with the Consideration of the initial report of Republic of China (Taiwan) Replies of Republic of China (Taiwan) to the list of issues) Taiwan government is confused and misunderstood between “sexual orientation” and “gender identity”. In the reply, “gender identity” was not mentioned in any place which did not respond correctly to the list of issues at all. It is impossible for the State to satisfy special needs and provide suitable protections for transgender and intersex people in Taiwan, when the State has misunderstanding about differences between sexual orientation and gender identity, and who transgender and intersex people really are.
4. To ensure equal rights for transgender and intersex people based on their current situation in Taiwan, recommendations made by Hotline as following:
(1) Concept of gender mainstream shall include sexual orientation, gender identity and other gender minorities.
(2) Promote and Protect Transgender and Intersex People’s Rights: State shall take active role to promote and protect transgender and intersex’s people’s rights in different levels including individuals, private sectors and government.
(3) Right to Work: Employment of Service Act and The Act of Gender Equality in Employment shall be revised to include gender identity in anit-discrimination articles. (Art. 5, Employment of Service Act and Art. 6(1), Art. 7-11, The Act of Gender Equality)
(4) Rights on Education: Anti-discrimination articles of Gender Equity Education shall include gender identity.
(5) Educate: To educate public correct knowledge and understanding about transgender and intersex people in schools, social communities, private sectors and government.