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Intersex rights in Taiwan

Intersex people in Taiwan currently face some gaps in legal protection of their rights to physical integrity and bodily autonomy, and in protection from discrimination on the basis of sex characteristics, with significant improvements in recent years.

Intersex rights in Taiwan
Protection of physical integrity and bodily autonomyLimited
Protection from discriminationLimited
Access to identification documentsYes
Access to same rights as other men and womenNo
Changing M/F sex classificationsYes
Third gender or sex classificationsPending
MarriageYes

History edit

In Taiwan, intersex people are called yīnyángrĕn (lit. yin-and-yang person; hermaphrodite), shuāngxìnrĕn (lit. double-sex person),or jiānxìnrĕn (lit. middle-sex person) in Mandarin, or puànn-iam-iûnn-á (lit. half-yin-half-yang person) in Taiwanese Hokkien. A chapter of Organization Intersex International, Oii-Chinese, was founded by Hiker Chiu in 2008 as the first and sole advocacy and support group for intersex people in Taiwan and the Chinese-speaking world. The group prefers the term yīnyángrĕn over the other Mandarin terms. In June 2018, the Control Yuan, which functions partly as a national ombudsman, published a report on the government's inadequate protections of the rights of intersex people, in which the term shuāngxìnrĕn was adopted. The report demanded government agencies to address such issues pertaining to intersex rights as premature sex assignment surgery, binary gender options at birth registration and on identification documents, the lack of statistical data on intersex people and the absence of intersex-friendly policies for sports athletes.[1] According to the report, intersex rights are broadly protected by the equality clause of the R.O.C. Constitution and enshrined by the constitutional interpretation in 2017 that found prohibition of same-sex marriage registration unconstitutional. The current Gender Equity Education Act stipulates that non-conformative gender characteristics and gender identity must be respected. Other than this, no anti-discriminatory laws specific to intersex rights are in place.

Physical integrity and bodily autonomy edit

 
  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions

In October 2018, as a response to Control Yuan's report on intersex rights, the Ministry of Health and Welfare issued the “Recommended common principles regarding corrective surgery on non-adult intersex persons”.[2] The guideline prohibits “non-essential and irreversible” intersex medical interventions considered to be "sex assignment surgery" on anyone under the age of 12, except in grave medical conditions. For adolescents aged between 12 and 18, "sex assignment surgery" is permitted for those "suffering difficulty in adapting to their condition",[3] requiring approval by a medical team consisting of psychiatrist, pediatrician, pediatric surgeon and child psychologist. Assessment by a medical team as such is also needed before an intersex adult undergoes sex assignment surgery. While Hiker Chiu, the spokesperson for Oii-Chinese, conceded that the guideline was not on the statute book, she expressed optimism that medical practitioners would abide by this official guideline.[4]

Gender registration and identification documents edit

If the gender of a newborn is marked as uncertain on the birth certificate, the household registration office will request further proof or a chromosome test to assign one of the binary genders for the child. This could lead to problems of gender identity as the child grows up.[1]

As of June 2019, anyone who wishes to register a sex change (binary gender), intersex people included, need to present proof that genitalia of the "prior sex" have been surgically removed. Attempts to liberalize sex change registration have stalled since 2015.[5]

The government announced, in 2018, that “gender-friendly” measures would be incorporated in the new chip-embedded citizen identity card, scheduled to be released in late 2020. First, gender will not be explicitly displayed on the physical card. Also, as the second digit of national identification number represents gender, currently binary (“1” for male; “2” for female), in the future a third gender option (represented by digit “7”) will be available to intersex and transgender persons alike.[6] The Ministry of Foreign Affairs pledged that the sex info on passport would be in line with gender registration as reflected on the identity card.[7] Details of the third-gender option policy are yet to be released.

Advocacy edit

The known advocacy and support group for intersex people in Taiwan is Oii-Chinese (established in 2008; in Chinese: 國際陰陽人組織).

See also edit

References edit

  1. ^ a b Sun, Ta-chuan; Gau, Feng-shian (2018-06-14). "孫大川副院長、高鳳仙委員調查" [Investigation by Sun Ta-chuan, Vice-President of Control Yuan, and Gau Feng-shian, Member of Control Yuan]. Control Yuan, R.O.C. (Taiwan). Retrieved 2019-06-12.
  2. ^ Ministry of Health and Welfare, R.O.C. (Taiwan) (2018-11-02). "公告「衛生福利部未成年雙性人之醫療矯正手術共同性建議原則」" [Notice of the "Recommended common principles regarding corrective surgery on non-adult intersex persons, Ministry of Health and Welfare"]. Retrieved 2019-06-12.
  3. ^ Ministry of Health and Welfare, R.O.C. (Taiwan) (2018-11-02). "(附件)衛生福利部未成年雙性人之醫療矯正手術共同性建議原則" [(Appendice) Recommended common principles regarding corrective surgery on non-adult intersex persons, Ministry of Health and Welfare]. Retrieved 2019-06-13.
  4. ^ "陰陽人/雙性人/間性人 (Intersex)". 性別平等Easy Go (in Chinese). 2019-04-14. National Education Radio. Retrieved 2019-06-12.
  5. ^ Department of Household Registration, Ministry of Interior Affairs, R.O.C. (Taiwan) (May 2018). "性別變更認定及登記程序相關資訊" [Related information on the assessment and registration procedure of gender change]. Retrieved 2019-06-13.{{cite web}}: CS1 maint: multiple names: authors list (link)
  6. ^ 潘姿羽 (2018-11-21). "2020年啟用晶片身分證 保留數字7給跨性別人士" [Chip-embedded ID to release in 2020, digit 7 reserved for transgender persons]. Central News Agency, Taiwan. Retrieved 2019-06-12.
  7. ^ 李志良 (2018-01-14). "護照未來列第三性? 外交部:將配合政策" [Third gender to appear on passport? MOFA: will act in accordance with government policy]. newstalk.tw. Retrieved 2019-06-12.

External links edit

  • Beyond Gender
  • Oii-Chinese

intersex, rights, taiwan, intersex, people, taiwan, currently, face, some, gaps, legal, protection, their, rights, physical, integrity, bodily, autonomy, protection, from, discrimination, basis, characteristics, with, significant, improvements, recent, years, . Intersex people in Taiwan currently face some gaps in legal protection of their rights to physical integrity and bodily autonomy and in protection from discrimination on the basis of sex characteristics with significant improvements in recent years Intersex rights in TaiwanTaiwanProtection of physical integrity and bodily autonomyLimitedProtection from discriminationLimitedAccess to identification documentsYesAccess to same rights as other men and womenNoChanging M F sex classificationsYesThird gender or sex classificationsPendingMarriageYesRights by country ArgentinaAustraliaCanadaChileChinaColombiaFranceGermanyKenyaMaltaMexicoNepalNew ZealandSouth AfricaSpainSwitzerlandTaiwanUgandaUnited KingdomUnited States Contents 1 History 2 Physical integrity and bodily autonomy 3 Gender registration and identification documents 4 Advocacy 5 See also 6 References 7 External linksHistory editIn Taiwan intersex people are called yinyangrĕn lit yin and yang person hermaphrodite shuangxinrĕn lit double sex person or jianxinrĕn lit middle sex person in Mandarin or puann iam iunn a lit half yin half yang person in Taiwanese Hokkien A chapter of Organization Intersex International Oii Chinese was founded by Hiker Chiu in 2008 as the first and sole advocacy and support group for intersex people in Taiwan and the Chinese speaking world The group prefers the term yinyangrĕn over the other Mandarin terms In June 2018 the Control Yuan which functions partly as a national ombudsman published a report on the government s inadequate protections of the rights of intersex people in which the term shuangxinrĕn was adopted The report demanded government agencies to address such issues pertaining to intersex rights as premature sex assignment surgery binary gender options at birth registration and on identification documents the lack of statistical data on intersex people and the absence of intersex friendly policies for sports athletes 1 According to the report intersex rights are broadly protected by the equality clause of the R O C Constitution and enshrined by the constitutional interpretation in 2017 that found prohibition of same sex marriage registration unconstitutional The current Gender Equity Education Act stipulates that non conformative gender characteristics and gender identity must be respected Other than this no anti discriminatory laws specific to intersex rights are in place Physical integrity and bodily autonomy edit nbsp Legal prohibition of non consensual medical interventions Regulatory suspension of non consensual medical interventionsFurther information Intersex human rights and Intersex medical interventions In October 2018 as a response to Control Yuan s report on intersex rights the Ministry of Health and Welfare issued the Recommended common principles regarding corrective surgery on non adult intersex persons 2 The guideline prohibits non essential and irreversible intersex medical interventions considered to be sex assignment surgery on anyone under the age of 12 except in grave medical conditions For adolescents aged between 12 and 18 sex assignment surgery is permitted for those suffering difficulty in adapting to their condition 3 requiring approval by a medical team consisting of psychiatrist pediatrician pediatric surgeon and child psychologist Assessment by a medical team as such is also needed before an intersex adult undergoes sex assignment surgery While Hiker Chiu the spokesperson for Oii Chinese conceded that the guideline was not on the statute book she expressed optimism that medical practitioners would abide by this official guideline 4 Gender registration and identification documents editIf the gender of a newborn is marked as uncertain on the birth certificate the household registration office will request further proof or a chromosome test to assign one of the binary genders for the child This could lead to problems of gender identity as the child grows up 1 As of June 2019 anyone who wishes to register a sex change binary gender intersex people included need to present proof that genitalia of the prior sex have been surgically removed Attempts to liberalize sex change registration have stalled since 2015 5 The government announced in 2018 that gender friendly measures would be incorporated in the new chip embedded citizen identity card scheduled to be released in late 2020 First gender will not be explicitly displayed on the physical card Also as the second digit of national identification number represents gender currently binary 1 for male 2 for female in the future a third gender option represented by digit 7 will be available to intersex and transgender persons alike 6 The Ministry of Foreign Affairs pledged that the sex info on passport would be in line with gender registration as reflected on the identity card 7 Details of the third gender option policy are yet to be released Advocacy editThe known advocacy and support group for intersex people in Taiwan is Oii Chinese established in 2008 in Chinese 國際陰陽人組織 See also editIntersex human rights Intersex rights in China Xie Jianshun LGBT rights in TaiwanReferences edit a b Sun Ta chuan Gau Feng shian 2018 06 14 孫大川副院長 高鳳仙委員調查 Investigation by Sun Ta chuan Vice President of Control Yuan and Gau Feng shian Member of Control Yuan Control Yuan R O C Taiwan Retrieved 2019 06 12 Ministry of Health and Welfare R O C Taiwan 2018 11 02 公告 衛生福利部未成年雙性人之醫療矯正手術共同性建議原則 Notice of the Recommended common principles regarding corrective surgery on non adult intersex persons Ministry of Health and Welfare Retrieved 2019 06 12 Ministry of Health and Welfare R O C Taiwan 2018 11 02 附件 衛生福利部未成年雙性人之醫療矯正手術共同性建議原則 Appendice Recommended common principles regarding corrective surgery on non adult intersex persons Ministry of Health and Welfare Retrieved 2019 06 13 陰陽人 雙性人 間性人 Intersex 性別平等Easy Go in Chinese 2019 04 14 National Education Radio Retrieved 2019 06 12 Department of Household Registration Ministry of Interior Affairs R O C Taiwan May 2018 性別變更認定及登記程序相關資訊 Related information on the assessment and registration procedure of gender change Retrieved 2019 06 13 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link 潘姿羽 2018 11 21 2020年啟用晶片身分證 保留數字7給跨性別人士 Chip embedded ID to release in 2020 digit 7 reserved for transgender persons Central News Agency Taiwan Retrieved 2019 06 12 李志良 2018 01 14 護照未來列第三性 外交部 將配合政策 Third gender to appear on passport MOFA will act in accordance with government policy newstalk tw Retrieved 2019 06 12 External links editBeyond Gender Oii Chinese Retrieved from https en wikipedia org w index php title Intersex rights in Taiwan amp oldid 1215712159, wikipedia, wiki, book, books, library,

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