The Sexual Harassment Prevention Law (
First, the law was in fact passed on Feb. 5 last year, and was set to be implemented a year later. But the authorities in charge did not pass the implementation regulations for the law until December last year, and didn't pass the Sexual Harassment Prevention Guidelines (
The law stipulates that all "units" with 10 or more members, employees or customers must set up a complaint line. Those with 30 or more must stipulate and publicize prevention measures. By these regulations, all snack shops or grocery stores with more than 30 customers per day must also have complaint channels and prevention measures. Those who do not will face a fine of between NT$10,000 and NT$100,000 (US$310 and US$3,100).
To avoid penalties, it's likely that all stands, shops and companies will have "no sexual harassment" posters everywhere. It will be just like in the past, when Taiwan's society was full of posters warning "Caution! Communist bandits are around you."
Moreover, the extremely brief preparation period overlapped with the Lunar New Year holiday.
But putting this aside, the rules -- which apply even to food shops run by just one or two people -- are too stringent, and are unlikely to be effective in preventing sexual harassment. The law stipulates that once a sexual harassment case occurs, it may take as long as 21 days before an investigation is launched. With the investigation process and defendants' appeals, it could take as long as 231 days to process a case and get a final resolution. Such a long process wastes time, and victims may have nowhere to go for help due to the complicated procedures involved, and the likelihood that officials in charge will try to pass the buck.
The Ministry of the Interior recently held a public hearing on the law. The information kit available at the meeting indicated that calling women "ornaments" or using cliches such as "women are emotional" constitute sexual harassment. But by that logic, is it also sexual harassment to call men simple-minded creatures with well-developed muscles? Categorizing such common stereotyping as sexual harassment risks obscuring the seriousness of real harassment. And it makes the already hazy definition of harassment even more unclear. With such confusing guidelines, the public will be at a loss as to what behavior is illegal.
Given these difficulties, it is unlikely that the Sexual Harassment Prevention Law will achieve its goal. In fact, as a result of its flaws, it may even harm the rights of individuals. The law must be amended as soon as possible.
Huang Yi-ling is an assistant to Democratic Progressive Party Legislator Huang Sue-ying.
Translated by Eddy Chang
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