Perspective Piece: The rampant crisis of gender-based violence
Slow Response in Issuing Protection Orders Raises Concerns Over Taiwan's Approach to Domestic Violence
In a troubling development, data from the Judicial Yuan shows that courts in Taiwan took an average of 42.63 days to issue a protection order last year, sparking concerns about critical failures in the country's protective mechanisms for victims of domestic violence.
This slow response was evident in the case of Liu, a suspect who was subject to a restraining order, yet it took approximately two months for the order to be issued. The delay in protection may have had tragic consequences, as both Liu's victim and another woman, Chang, who had secured a protection order, were murdered by the men they sought legal protection against.
The issue of domestic violence is a pressing one in Taiwan, with reported incidents totaling more than 120,000 annually, the majority of which are categorized as intimate partner violence (IPV). heartbreaking cases, such as those of Ku and Chang, underscore the urgent need for effective and timely intervention.
Current laws in Taiwan are reactive rather than preventive, and they fail to reflect a nuanced understanding of gendered violence. More than 75 percent of IPV victims in Taiwan are women, yet the legal framework does not adequately address gender-discriminatory practices and barriers to independence.
In an effort to address this issue, Taiwan has implemented legal protections such as protection orders granted by courts, which enable continued residence rights for foreign spouses who suffer abuse, preventing their deportation despite divorce or protection orders. Under the Immigration Act, foreign spouses experiencing family violence can maintain their Alien Resident Certificate if protected by a court order, ensuring stability and safety for victims and their minor children within Taiwan.
However, ongoing challenges persist, and civil society advocacy continues to emphasize the need for laws that address gender-discriminatory practices and barriers to independence, such as nationality laws that can trap victims in abusive relationships due to residency or citizenship dependency.
Recent global trends and regional influences suggest efforts to enhance Taiwan's framework, such as including specific protections for vulnerable groups including persons with disabilities, as is happening in other countries in the region. However, Taiwan-specific proposed amendments or detailed reform initiatives regarding domestic violence laws were not explicitly identified in the search results.
The review of Taiwan's fourth country report for the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) in December 2022 raised concerns that current measures are ineffective because they "do not address effectively the root causes of the problem and such violence is not viewed as a result of gender inequality."
Achieving a truly preventive model for addressing domestic violence in Taiwan would demand legal reframing, improved implementation, and a cultural reckoning with the gendered nature of domestic violence. The tragic cases of Ku and Chang serve as a stark reminder of the urgent need for action and the importance of ongoing legislative refinement and enforcement.
References
- Taiwan Today
- The China Post
- U.S. Department of State’s 2024 Human Rights Report on Taiwan
- Amnesty International
- Taiwan News
- The slow response in issuing protection orders highlights a concern over Taiwan's approach to not just domestic violence, but also its broader mental-health and general-news landscape, as it points to critical failures in protective mechanisms.
- In the realm of health-and-wellness, the delay in issued protection orders can have tragic consequences, as was seen in the case of Liu and Chang, who were both murdered by their abusers despite having protection orders.
- Sexual-health and women's health are intertwined with the issue of domestic violence, as more than 75 percent of intimate partner violence (IPV) victims in Taiwan are women. Current laws are reactive rather than preventive and fail to adequately address gender-discriminatory practices and barriers to independence.
- As part of the broader political landscape, Taiwan's domestic violence laws are being scrutinized both locally and internationally. For instance, the review of Taiwan's fourth country report for the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) raised concerns that current measures are ineffective because they do not address effectively the root causes of the problem and such violence is not viewed as a result of gender inequality.
