Anti-discrimination Protection in Taiwan Constitution

Does Taiwan have legal protections against discrimination based on color, gender, national origin, etc.? If so, where, specifically, does it state this?

Thank you.

Immigration Act

Article 62
Any person shall not discriminate against people residing in the Taiwan Area on the basis of nationality, race, color, class and place of birth.
Any person whose rights are trespassed due to the discrimination mentioned in the preceding Paragraph can file a complaint to he competent authorities on the basis of the situations of the trespass, unless the matter is regulated by other laws otherwise.
The competent authorities shall enact regulations that govern items, requirements for filing a complaint mentioned in the preceding Paragraph, complaint procedures and the composition of a review committee.

Employment Services Act

Article 5
For the purpose of ensuring national’s equal opportunity in employment, employer is prohibited from discriminating against any job applicant or employee on the basis of race, class, language, thought, religion, political party, place of origin, place of birth, gender, gender orientation, age, marital status, appearance, facial features, disability, horoscope, blood type, or past membership in any labor union; matters stated clearly in other laws shall be followed in priority.

If there are others, I’d like to know!

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So ugly models can’t be dismissed because they’re ugly?

I once received this interpretation from the Labor Ministry

It states there’s a principle that employers cannot exclude people based on"characteristics not related to performing particular work". I am sure that certain physical characteristics would be considered essential to the particular nature of modeling.

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Thank you so much! :slight_smile:

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Indeed. The standard practice in jurisdictions that care about this sort of thing is to have “common sense” exceptions, e.g. a restaurant with an ethnic theme can discriminate in order to hire staff with a look that matches the theme, regardless of anyone’s actual ethnicity, but that shouldn’t extend to staff members who are never seen by customers.

There’s a joke in one of the Ocean’s movies that a casino can fire its waitresses when they gain weight because they’re not waitresses but “models who serve”. That was probably inspired by a real life case.

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There’s a nice short paper Preventing Racial Hatred and Discrimination by Implementing ICERD that walks through some of the background and ideas for changes here.

In theory, Taiwan has ratified the International Convention on the Elimination of All Forms of Racial Discrimination. However, it was never implemented into domestic law. The author also expects judges to be generally unaware of ‘racial equality’ as a concept.

In terms of laws other than the Immigration Act, there is Article 21 in the Telecommunications Act:

A telecommunications enterprise shall provide services in a fair and non-discriminatory manner unless otherwise provided for herein.

which was referenced (informally, no case law that I’m aware of) in some complaints against Telcos who refused to provision equal service to foreign residents.

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In the case of Taiwan, I’m sure there are numerous loopholes, like language ability and cultural familiarity, that could be hijacked to circumvent compliance.
Among the small percentage of employers who are aware of the regulation.
And the even smaller percentage of them who even give a monkey’s.

ETA: this I was also thinking about:

:idunno:

Regulation for Petitions against Discrimination against People Residing in the Taiwan Area

Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women

Cultural Fundamental Act

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)

laws including the word of discrimination.
https://law.moj.gov.tw/ENG/Law/LawSearchResult.aspx?cur=Ld&ty=ONEBAR&kw=Discrimination&mo=1

Drafts of anti-discrimination laws in Chinese


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Nice piece!