The amendments to three gender equality laws came into effect yesterday, International Women’s Day, as part of an effort to expand protections for victims of all forms of harassment.
Following the #MeToo movement that swept across the nation last year, the government has taken measures to amend relevant acts, including the Gender Equity Education Act (性別平等教育法), the Gender Equality in Employment Act (性別平等工作法) and the Sexual Harassment Prevention Act (性騷擾防治法).
This is to ensure that victims of sexual misconduct and assault receive adequate support, including counseling, legal assistance and improved reporting systems.
Photo: Fang Pin-chao, Taipei Times
In workplaces, the amendments seek to address employers’ responsibility regarding sexual misconduct, as former laws only provided guidance on preventing such incidents.
If local agencies determine that an employer has sexually harassed an employee, the individual is to face a fine of NT$10,000 to NT$1 million (US$318 to US$31,809).
In addition, former laws stipulated that only companies with more than 30 employees were required to set up measures to prevent and report sexual misconduct in the workplace, which left those working in small and medium-sized enterprises — the bulk of businesses in Taiwan — unable to seek formal redress.
The amendments require companies with 10 to 30 employees to establish their own formal reporting and punishment mechanisms, as well as reduce the time required to address such complaints.
Meanwhile, the new law mandates that companies with more than 500 employees must offer counseling services to victims at least twice upon request.
Local agencies responsible for handling such cases are also obligated to provide essential legal assistance and support. In addition, employers are required to grant victims official leave to attend hearings, as stipulated by law.
In educational establishments, the new law stipulates that students and teachers should not engage in “intimate relationships.”
For college students or older, the law specifies that teachers should not have intimate relationships with students due to the power differential.
The law says that courts might determine a fine based on the severity of the incident; if the school principal is involved, the fine is higher.
The maximum penalty for teachers involved in such relationships is dismissal, the new law says.
Regarding the amendments, the Ministry of Education said in a statement that relevant regulations have been updated to provide clearer guidelines within the education system.
This encompasses teaching, instructing, management, counseling and employment opportunities, meaning that teachers are prohibited from engaging in such relationships with students due to the inherent power imbalance.
Students interning outside schools also fall under the protections introduced by the amendment, the ministry said.
However, women’s groups and activists have raised questions regarding whether the new laws would bring about improvements and be effectively followed.
Garden of Hope chief executive officer Wang Yueh-hao (王玥好) told a news conference on Wednesday that the amended Sexual Harassment Prevention Act still defines relevant misconduct as an act that “violates one’s willingness,” leading to victims being questioned about why they did not reject such advances in the first place, particularly in cases involving power dynamics.
Wang said the definition should be amended to refer to an act conducted “without one’s consent” rather than the original “violating one’s willingness” in a bid to highlight the subjectivity of the victim and hold the perpetrator accountable for their behavior.
Modern Women’s Foundation secretary-general Wu Tzu-ying (吳姿瑩) said that the amendments have led to a more detailed and intricate definition of sexual harassment, potentially making it more challenging for victims to seek legal assistance.
Wu suggested that officials develop more effective communication strategies to minimize confusion when handling such cases and make it easier for victims of sexual harassment to identify the relevant laws that apply in such situations.
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