Taiwan's Events

Yan Fong admitted that during her service as the Dean of Student Affairs
(from Aug. 2005 to Jul. 2012) she “secretly” helped several trans students transfer
to the dormitories of their self-identified genders. She also said that beside
the submittance of medical reports of gender dysphoria, these students’ parents
and roommates were acknowledged.

NTU’s Ex- Dean of Student Affairs “transfers transgender students to dormitories of their genders”: Shall not sit and watch Xiao Yu suffer from living in the male dormitory

According to NTNU’s principal, Zheng-Ji Wu, around 3-4 years ago, a NTNU’s trans-identified male staff went to the female swimming pool changing room at the campus. The staff was reported to the police by an off-campus swimmer. After the discussion of NTNU’s Gender Equality Committee, the staff was allowed to use female’s changing rooms and restrooms. From then on, the old bathrooms and restrooms were modified into a more gender-friendly environment.

【Gender Equality in the University】After event of female swimming pool changing room, NTNU’s principal reveals whole progress

(TAPCPR’s Lawsuit) In 2017, a trans woman, Yu-Hsun Wu, applied to live in the female dormitory at Chang Gung University (CGU). After a negotiation between Wu and the university, the independent room in a unisex dormitory was offered to Wu in order to save him from the uncomfortable feelings of living with male classmates. When Wu said that he was not used to this place, the university advised him to live in a new gender-friendly dormitory built next to the female dormitory. However, Wu and TAPCPR deemed this arrangement as a type of gender separation.

Transgender student sparks dorm row ｜The Judgement ｜TAPCPR’s Declaration

On 13 Apr. 2018, it was said that a man broke into “Nanping Public Bathroom” of the female hot spring on the Jin Mountain in New Taipei City. According to one female guest, the person had long hair, flat chest, and masculine face. When she saw this person’s penis, she asked him to leave. However, the man repudiated that “don’t refer to me as a man” and left in haste.

Cross-dressing male in female hot spring on Jin Mountain! When suspected, “he” replies in this way

(TAPCPR’s Lawsuit) In 2019, Ms. Yang, a trans woman, joined a job interview held by a startup company. During the interview, Yang mentioned her need for using female restroom whereas the interviewer did not make a promise for that. On 9 May, the company informed Yang that other female colleagues would use the female restroom only if she was absent. Thus, the company suggested Yang use the accessible restroom. Though the company did not hire Yang, it was fined NT$300,000 for gender discrimination.

Company fined NT$300,000 for gender discrimination because of its rejection to trans interviewee’s requirement for female restroom ｜The Judgement

National Cheng Kung University (NCKU) did a survey on students’ attitudes to a gender-friendly (uni-sex) dormitory. In this survey, most female students did not support this idea. However, the university let a trans-identified male student move into the female dormitory without any discussions. A female student said that the distinctions between male and female dormitories were never clear. She asked, “Are we going to let any male students who claim to be trans move into female dormitory? If any female students are harassed or offended, who will be responsible for it?” She hoped that the distinctions would be clarified with the establishment of a gender- friendly dormitory. She emphasized that gender friendliness should not be based on the cancelling of women’s spaces.

On the other hand, the vice principal, Ching-Chang Lee, replied that the trans student moved into the female dormitory before the survey was done. He claimed that the female students living on the same floor was informed. He said that they would not ask the trans student to move out hence he hoped that female students could be more considerate.

Update: According to “The controversy over the accommodation of NCKU’s trans student”, one episode of the Taiwan Public Television’s TV program, “Lab of News”, the NCKU has been letting mtf students live in female dormitory without any female students’ consent.

So far the NCKU has arranged special dorm rooms for 4 trans students. In 2014, 1 mtf student lived in an independent room in the female dormitory. In 2015, 2 trans students shared one room with 1 male roomate in the male dormitory. In 2021, 1 mtf student lived in an independent room in the female dormitory.

To the trans student at NCKU’s female dormitory, female students opposed: Gender friendliness should not be based on the cancelling of women’s spaces! ｜News 2 ｜News 3

On 10, Nov., a 37-year-old trans woman, Kuo, and one female friend broke into the female hot spring of Emperor Spa in Beitou, Taipei. As soon as the female guests found Kuo’s stubble and male genital, they called the police. When asked by one elder female guest, Kuo has insisted that he is a trans man who has undergone hormone therapy. To comfort other female guests, Kuo’s female friend also patiently explained that “Kuo” is a real female person. Kuo even offered a female ID card to the clerk.

However, the police found that the female ID card does not belong to Kuo. During the police interrogation, Kuo eventually admitted that it is his female former colleague’s ID card which he has not returned after accidentally finding it at the workplace. Kuo told the police that as a male person who identifies as a woman, “she” is more comfortable in female spaces like the female hot spring. Kuo was found taking an electronic device when entering the female hot spring. Although the police did not find Kuo recording any videos with that device, they fined Kuo for violating the Social Order Maintenance Act. Kuo was transferred to the Taiwan Shilin District Prosecutors Office for providing a fake identity with the intention to damage or cause benefit losses to the public (Article 75 in the Household Registration Act) and exercising unlawful control over other’s property for himself or for a third person takes a lost property (Article 337 in the Criminal Code of the Republic of China).

One female guest, Ms. Chang, said, “I was scared even freaked out. That man claimed to be a woman but I saw the male genital between his legs when he stood up. In order not to let us see the male genital, he hid it between his legs while soaking in the hot spring.”

News ｜News 2 ｜News 3 ｜Ms. Chang's post

Yu-Jia Lin, a NTU’s undergraduate, began her formal training after studying at the university. She won second place in 800 meters at first time attending the General Women’s Track and Field competition of National Intercollegiate Athletic Games (NIAG). Through her one-year training, she broke the women’s record of NIAG. As a result, she won first place in 400 meters and 800 meters in 2019.

News ｜First time in Taiwan’s history of sports: A transsexual women in NIAG

In Jan. 2022, the Chinese Taipei School Sport Federation (CTSSF) announced on its official website that from 2023, transgender and intersex athletes are allowed to “transfer” to another group in the competitions of the National Middle School Athletic Games (NMSAG).

On 31 Oct. 2022, the Chinese Taipei University Sports Federation (CTUSF) announced the pilot project conceived by the Sports Administration (SA) of the Ministry of Education: Trans athletes can participate in the groups matching their “gender identities”.

In the pilot project, it states that trans athletes’ right of participating in the groups they identify with is based upon the IOC’s 10 key principles (inclusion, prevention of harm, non-discrimination, fairness, no presumption of advantage, evidence-based approach, primacy of health and bodily autonomy, stakeholder centered approach, right to privacy and periodic reviews) and government’s support of trans rights. According to the project, a trans athlete needs to provide “1 diagnosis of gender dysphoria”, a declaration, personal records, testosterone levels test, and other medical examinations. In its Q&A section, it claims that medical studies show that testosterone level determines athletic performance and thus the principle of “no presumption of advantage” is obeyed. It adds that if any national federations change their eligibility regulations for transgender athletes, the SA will follow up.

The SA clearly announced that this project is a response to the Control Yuan’s request for “intersex athletes” to be included in the competitions. It explained that this is a pilot project for NMSAG and NUCAG. It added that depending on conditions, it may apply the same eligibility regulations to other competitions. Nevertheless, “intersex athletes” has never been mentioned in this project. In its Q&A section, its view of intersex (receiving surgery before puberty) completely contradicts the “Directions for medical interventions on intersex minors” of the Ministry of Health and Welfare. Further, it might encourage minors to undergo medical gender transition by requiring mtf athletes to finish the whole transition before 12.

National High School Games to allow transgender, intersex athletes to compete

On 14 Dec. 2021, Judicial Yuan passed the amendments to The Code of Criminal Procedure and Enforcement Act of the Code of Criminal Procedure. In those amendments, genders and addresses will be removed from judgements, indictments, and complaints in order to respect one’s gender identity and privacy.

Press Release: To build evidence-based justice system, Judicial Yuan passes amendments to The Code of Criminal Procedure

In Nov. 2021, a transsexual woman applied for menstrual leave to her company. As a result, the company consulted with the local government and Minister of Labor (MOL).

In Feb. 2022, the result was out: A menstrual leave is granted for the fact that a menstrual cycle occurs; therefore, it is not applied to transsexual women who do not have uteruses.

Menstrual leave not applicable to transgender women: Taiwan Ministry of Labor ｜MOL’s Explanation

(TAPCPR’s Lawsuit) Yu-Hsun Wu applied for a change to the sex on her ID card from male to female at the Zhongzheng District Household Registration Office in Taipei. The request was rejected because she failed to provide a medical certificate as proof of successful sex reassignment surgery as required. Wu then filed a suit with the administrative court. While ordering a halt to the case on 2 Dec. 2021, The Taipei High Administrative Court also sought an interpretation of the Constitution on the issue, arguing that the provisions regarding gender determination under the Household Registration Act are not applicable, which contradicts Taiwan’s Constitution.

Court seeks interpretation over transgender ID suit ｜The Taipei High Administrative Court’s Press Release ｜The Judgement

(TAPCPR’s Lawsuit) A trans woman, Xiao E, applied to change the sex on her ID card but was denied by Taoyuan’s Daxi District Household Registration Office in 2019. (She wanted to change the sex on her ID card from male to female without providing the proof of a sex reassignment surgery.) As a result, she appealed to the Taoyuan City government, which oversees the household registration office. In the ruling of the administrative court, Xiao E’s wish was granted. She successfully changed the sex on her ID card and legally became Taiwan’s first female who was born with a pennis in Nov. 2021.

News ｜The Judgement