Singer Lo Ta-yu (羅大佑) this week during a radio interview singled out several female political figures, attacking their choices not to marry or have children. His remarks reveal a serious lack of gender awareness and could even constitute sexual harassment. In light of this incident, it is worth emphasizing to the public that imposing gender stereotypes on others might constitute gender-based harassment or discrimination.
A closer examination of the Sexual Harassment Prevention Act (性騷擾防治法) reveals that it defines sexual harassment as “sexual or gender-related behavior against the will of a male or female” that meets any of several statutory criteria, including impairing someone’s personal dignity, causing them to feel scared or improperly affecting their work, education or routine life through discriminatory or insulting language.
The definition is the basis for the term “gender-based harassment” as used in this article. Such harassment targets a person’s gender, whether through their gender identity, sexual orientation or other gender-related stereotypes. This differs from the traditional, more narrow understanding of sexual harassment, which typically involves sexually-motivated conduct — manifesting, for instance, as unwanted touching or sexual advances — with sexual desire at its core. Although the legal definition and the conventional definition are categorized as sexual harassment, they differ not only in their underlying motivations, but also in their nature, impact and the severity of harm they cause.
Beyond harassment targeting homosexuals and other sexual minorities on the basis of their gender identity, gender-based harassment involves rigid expectations of how people of a particular gender should behave. Men are expected to be strong and masculine, while women are expected to be gentle and submissive. Such expectations give rise to stereotypes encapsulated in well-known sayings such as “men belong in the workplace, women in the home.”
Dismantling these stereotypes is important not only because such antiquated attitudes restrict peoples’ autonomy, but also because the social pressure they facilitate can inflict lasting, sometimes irreparable harm on those perceived as “different.” The case of Yeh Yung-chih (葉永鋕) — also known as the “Rose Boy” (玫瑰少年) — a 15-year-old student at Gaoshu Junior High School in Pingtung County’s Gaoshu Township (高樹) who was found dead in the school bathroom after having been bullied over his allegedly “effeminate” demeanor, is perhaps the clearest example.
A remark about women who choose not to have children is, in essence, a form of gender-based harassment rooted in gender stereotypes. Countries around the world have long worked to promote a more equitable distribution of domestic labor, precisely to address the gender inequalities that arise when women are expected to bear sole responsibility for household chores, childbearing, child rearing and even caring for elders.
Although governments have enacted laws to restrict and prohibit gender-based discrimination and harassment, the law only sets a minimum standard of acceptable behavior. Lasting change would require society to first respect and accept differing positions, then engage in dialogue and persuasion to normalize principles of gender equality so that they can become shared beliefs.
This controversy would hopefully prompt society to develop a deeper understanding of and respect for gender equality, encouraging people to look beyond the momentary gratification of lashing out and reject the impulse to label such harassing rhetoric as a “wake-up call.” To do otherwise would risk dismissing the long-standing efforts of those working to advance gender equality.
Lee Cheng-lin is a lawyer.
Translated by Kyra Gustavsen
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