#METOO/Gender equality amendments to take effect on Women's Day

Taipei, March 7 (CNA) The amendments to three gender equality acts will come into effect on Friday, 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 Taiwan in 2023, the government has taken proactive measures to amend relevant acts, including the Gender Equity Education Act, the Act of Gender Equality in Employment, and the Sexual Harassment Prevention Act.

This is to ensure that victims of sexual misconduct and assault receive adequate support, including counseling, legal assistance, and improved reporting systems.

In workplaces, the amendments will seek to address employers' responsibility regarding sexual misconduct, as current laws only provide guidance on preventing such incidents.

If local agencies determine that the employer has sexually harassed an employee, the individual will face a fine of NT$10,000 (US$317) to NT$1 million.

In addition, current laws stipulate that only companies with over 30 employees are required to set up measures to prevent and report sexual misconduct in the workplace, which leaves individuals working in small and medium-sized enterprises -- the bulk of businesses in Taiwan -- unable to seek formal redress.

The amendments will require companies with 10-30 employees to establish their own formal reporting and punishment mechanisms, as well as reduce the time period 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.

According to the law, courts may determine a fine based on the severity of the incident; if the school principal is involved, the fine is higher.

In addition, the maximum penalty for teachers involved in such relationships is dismissal, the new law added.

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 falls under the protections introduced by the amendment, the ministry added.

However, women's groups and activists have raised questions regarding whether the new laws will actually bring about improvements and be effectively followed.

Wang Yueh-hao (王玥好), CEO of the Garden of Hope, said at a press conference 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 didn't 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.

Meanwhile, Wu Tzu-ying (吳姿瑩), secretary-general of the Modern Women's Foundation, 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 to apply in such situations.