The Struggle for LGBT Rights in Taiwan, A Discussion with Victoria Hsu
Speaker: Victoria Hsu
Date: 9 June 2016 Time: 1:00 PM
Finishes: 9 June 2016Time: 3:00 PM
Venue: Russell Square: College Buildings Room: KLT(University of London)
Type of Event: Seminar
Abstract
The development of LGBT Rights in Taiwan in recent years can be explained in the following aspects:
1. Legislative: Two bills proposing marriage equality were raised in Taiwan’s Legislative Yuan in 2012 and 2013. The bill proposed in 2013 was drafted by the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR). Victoria Hsu was the principal author of TAPCPR’s bill. This version of the bill aims to give any two people, regardless of gender, sexual orientation or gender identity, equal rights to marriage, as well as to allow same-sex spouses to adopt children. These two bills passed the first reading in the Legislative Yuan, but despite the fact that opinion polls show that more than half of the people of Taiwan support these bills, they continue to be vigorously opposed by several religious organizations.
2. Judicial: The TAPCPR’s legal team maintains that the Civil Code’s prohibition of same-sex marriage is unconstitutional. Therefore, on 20 August 2015, the TAPCPR lawyers led by Victoria Hsu have applied for a constitutional interpretation from the Council of Justices on behalf of Mr. Qiu Jia-Wei. The TAPCPR has also initiated three other administrative lawsuits in connection with marriage equality cases since 2014.
3. Participation in politics by LGBT organizations and organizations opposing LGBT rights: In the 2016 general elections, organizations both supporting and opposing LGBT rights are engaging in the elections as a means toward achieving their desired ends. Victoria Hsu was an openly lesbian candidate of the Green Party/Social Democratic Party alliance, running for the position of legislator-at-large. This is a new situation worth analyzing for Taiwan society.
4. Local Governments: There have been many changes over the past two years among some of the local city and county governments in Taiwan. These include allowing same-sex partners to participate in collective weddings held by city governments, allowing same-sex partners to register with the household registry, and even advocating that same-sex partners have the right to sign surgical consent forms. The Taipei City government has, moreover, petitioned the Council of Justices to issue a constitutional interpretation regarding whether or not same-sex partners can marry.
5. Other: With regard to LGBT rights, Taiwan already has had some achievements and continues to proactively push for further progress. These areas include the laws and policies in connection with the prevention of domestic violence, the Anti-discrimination Laws, the changes to the legal gender, and the implementation of LGBT inclusive education in the curriculum of middle schools and elementary schools.
Speaker's Bio
Victoria Hsu is Co-founder and CEO of Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) which is one of the most important lgbt organizations in Taiwan. Victoria is Attorney-at-Law (admitted in Taiwan in 1999) and PhD candidate in the Faculty of Law at Université Paris X (France). She has two Master of Law degrees from the Université Strasbourg III (France) and from National Taipei University (Taiwan). She was also an openly lesbian candidate in Taiwan’s 2016 legislative election.
Victoria Hsu will also be speaking at the Queer Asia Conference at SOAS on 11 June 2016
https://queerasia2016.wordpress.com/schedule/
Organiser: Centre of Taiwan Studies
Contact email: bc18@soas.ac.uk
http://www.soas.ac.uk/taiwanstudies/events/09jun2016-the-struggle-for-lgbt-rights-in-taiwan-a-discussion-with-victoria-hsu.html
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Declaration by the Network of Vietnamese Bloggers on the prosecution and trial of Đinh Nhật Uy
Tuyên bố của Mạng lưới Blogger Việt Nam về cáo trạng và phiên tòa xét xử Đinh Nhật Uy
Whereas the People's Procuratorate of Tân An City on September 6, 2013 released the indictment against Đinh Nhật Uy and is going to put Uy on trial on October 29, 2013, the Network of Vietnamese Bloggers asserts and declares the following, on the prosecution as well as the forthcoming trial of Uy:
1. Citizen Đinh Nhật Uy is being charged under a law which, by providing for punishment upon “abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or citizens”, has:
- violated Article 19 of the Universal Declaration of Human Rights, which stipulates that “Everyone has the right to freedom of opinion and expression. This right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”;
- allowed an arbitrary interpretation which is not based on any legal framework or any specific regulation and can be applied to any civic action;
- created a legal context in which the alleged victim whose interest is “trespassed on”, ie. the State, is acting as the investigator and the prosecutor (the investigating body and the People's Procuratorate), as well as the judge and jury (as the court), while at the same time this same State and the ruling Party have always rejected principles of separation of power and maintained the monopoly of the Communist Party dictating every stage of the legal proceeding process. This means no independent judiciary during the trial process.
Such a prosecution and trial based on a law that violates international obligations and runs counter to basic principles of law cannot legitimately convict any citizen. The Network of Vietnamese Bloggers, before, during and after the trial, holds the opinion that Đinh Nhật Uy is innocent.
2. If the Tan An People's Court and the entire legal system of Vietnam keep convicting Uy, then the Network of Vietnamese Bloggers, based on the principle that all citizens, including both leaders and members of the Party, are equal before the law, according to Article 52 of the Vietnamese Constitution, requests:
- The People's Procuratorate to charge citizen Trương Tấn Sang, who has “abused democratic freedoms to infringe upon the interests of the State” by offensively calling Prime Minister Nguyễn Tấn Dũng as “comrade X” and labelling the ruling Party as “a bunch of insects.”
- The People's Procuratorate to charge citizen Nguyễn Phú Trọng, who has “abused democratic freedoms to infringe upon the interests of the State” by defaming the Vietnamese Communist Party, “There are cases of macro corruption; there are also cases of petty corruption which are as annoying as scabies. No matter where you go, you must have money on you,” although to date there has not any organization to be charged and proved guilty of corruption.
- The People's Procuratorate to charge citizen Nguyễn Sinh Hùng, who has “abused democratic freedoms to infringe upon the interests of the State” by saying, “Corruption has penetrated into even our anti-corruption forces,” despite the fact that there has not been anyone in the anti-corruption forces convicted of corruption.
- The People's Procuratorate to charge all journalists who have “abused democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and/or individuals” by committing libel against national corporations, convicting Vietnamese citizens even when there has not yet been any verdict by the court, criticizing and smearing the State's leaders.
- The People's Procuratorate to charge all of us, Vietnamese bloggers who have raised opinions and published articles similar to what Đinh Nhật Uy wrote, Vietnamese bloggers who publicly wear advocacy T-shirts, “Paracels-Spratlys-Vietnam”; “No to U-Line! Yes to UNCLOS”, “Abolish 'the ox-tongue line', defend Vietnam's islands and seas”, all of which have been alleged as evidence of Đinh Nhật Uy's wrong-doings.
3. We urge the United Nations Human Rights Council to deem the prosecution and trial of Đinh Nhật Uy as one of the issues that need considering with regard to Vietnam's candidacy for membership in the United Nations Human Rights Council.
October 24, 2013
The Network of Vietnamese Bloggers
tuyenbo258.blogspot.com
tuyenbo258@gmail.com
#tuyenbo258 #258statement #dinhnhatuy #Vietnamesebloggers #freedom
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