With the global #MeToo movement gaining momentum, awareness and concern about sexual harassment incidents have significantly increased. Many victims have courageously come forward to share their experiences, enabling the public to understand the diverse forms of sexual harassment and its wide-ranging impact. This trend has led to repeated calls for the government to strengthen measures against sexual harassment, prompting Taiwan to revise the Act of Gender Equality in Employment, Gender Equity Education Act, and Sexual Harassment Prevention Act in recent years. These revisions include specific provisions addressing "power-based sexual harassment" to better protect victims' rights through stricter and more comprehensive legal frameworks and to impose more effective sanctions on sexual harassment behaviors.
 

Definition and Common Types of Sexual Harassment

Before delving into the topic, it is crucial to understand the basic definition of sexual harassment: What exactly constitutes sexual harassment? What are its forms?

According toArticle 2 of the Sexual Harassment Prevention Act,sexual harassment includes not only direct physical contact but also other actions or behaviors involving sexual or gender-related content. If such actions make others feel uncomfortable, offended, or insulted, they may constitute sexual harassment. Common types of sexual harassment include:

In practice, when courts determine whether an action constitutes sexual harassment, they not only focus on whether the behavior was against the victim's will and involved sexual or gender-related content but also assess the degree of infringement on the victim’s dignity, the psychological burden caused, and whether it disrupted their normal life or work environment. To promptly safeguard victims’ rights and deter perpetrators from taking chances, Taiwan has established the "Three Gender Equality Laws." These laws assign different competent authorities and complaint mechanisms based on the venue and relationship of the parties involved.

What Are the "Three Gender Equality Laws"?

The so-called "Three Gender Equality Laws" refer to the Act of Gender Equality in Employment, Gender Equity Education Act, and Sexual Harassment Prevention Act. These three laws play crucial roles in preventing sexual harassment incidents. Let’s introduce them one by one:

1. Act of Gender Equality in Employment – Preventing Workplace Sexual Harassment

This law focuses on fostering a gender-friendly work environment by requiring employers to establish immediate and effective mechanisms to prevent sexual harassment incidents. It mandates providing open complaint channels, promptly initiating investigation procedures, and planning gender equality and sexual harassment prevention training for employees. These measures ensure employees understand their rights and help reduce workplace sexual harassment.

2. Gender Equity Education Act – Eliminating Campus Sexual Harassment

This law applies to elementary schools, high schools, and universities, aiming to maintain a gender-equal educational environment. Schools must establish Gender Equity Education Committees responsible for investigating and handling sexual harassment cases. They are also required to regularly educate students and staff about sexual harassment prevention to build a safe and respectful campus environment.

3. Sexual Harassment Prevention Act – Preventing Sexual Harassment in Public Spaces and Other Venues

This law covers all public spaces outside workplaces and campuses, including parks, shopping malls, public transportation, and more, ensuring public safety and applying to all individuals regardless of their identity. In cases of sexual harassment in public spaces, people can report incidents to the police or file complaints with local social affairs departments.

Below is a table summarizing the differences between the three gender equality laws:

In summary, while the definitions and applicable contexts of the Three Gender Equality Laws differ, they all focus on protecting the rights of victims, emphasizing corrective and preventive measures. Each law assigns specific responsibilities to the relevant authorities to prevent and address sexual harassment, aiming to a respectful and inclusive gender-friendly environment.

Say No to Sexual Harassment! Protecting Your Rights Cannot Wait

If you unfortunately experience sexual harassment, you should, within the scope of ensuring your safety, immediately and clearly express your discomfort and firmly ask the perpetrator to stop. At the same time, try to preserve all relevant evidence, including conversation records, photos, videos, witness statements, or surveillance footage. Additionally, record details such as the time, location, and sequence of events to facilitate subsequent complaint procedures and legal action.

You can call the 24-hour free "113 National Protection Hotline" for assistance. Furthermore, our firm’s lawyers are recognized by the Ministry of Labor as "Professional Investigators of Workplace Sexual Harassment" and are available to provide consultation and legal protection. Our team of legal professionals is here to guide you in safeguarding your rights and ensuring that sexual harassment incidents are not tolerated.
 

[Continue reading：What responsibilities do employers have in the face of workplace sexual harassment?]