¡@In Taiwan, where traditional authority and male perspective dominate, groundless sexual stereotypes and covert sexual discrimination have caused many unfair events to take place. Women living in an unsafe and unfair environment on a long-term basis. Those who suffer various kinds of sexual assaults or domestic violence often experience a second traumatization or humiliation upon seeking legal protection, which seriously violates women's fundamental human rights. These tragedies are inevitable in view of the patriarchal nature of the laws, the ignorance and indifference of the law enforcement and judicial personnel to the suffering of the women, the sexual discrimination by the officers of the court, and the careless attitude of the bureaucrats.

¡@The long-term efforts of women's groups to seek legal amendments and new legislation have gradually brought into being a fair and reasonable legal code capable of protecting the rights of vulnerable women. However, there are still fundamental issues in desperate needs of resolution, such as judicial administration and prosecution procedure, as well as the need to break down the concept that "the law stops at the home". In particular, the handling of domestic issues such as marriage, children, custody, marital properties, etc., with their respective unique social characteristics, requires a specialized court. Therefore, there is an urgent need to establish a family law court to effectively deal with all related cases. Because the front line law enforcement and prosecutorial personnel often lack understanding of women's suffering and feel indifferent to the rights of the women, many women victimized by sexual violations and domestic violence frequently had to endure a second traumatization. These people most often brush aside women seeking their assistance by carelessly telling them to "stop fussing, and go speak to your husband". Even when they do agree to handle a case, inaccurate, flawed, or sloppy statements they take frequently injure the rights of the victims.

¡@These issues are not solely the result of poor design of the judicial system, they are more the result of the long-standing influence of Taiwan's patriarchal society. Judicial officers often reveal patriarchal thinking or sexual discrimination. Many typical examples could be cited. A woman finally gets up the courage to bring a case to court, but the judge with one sentence "Why don't you go back and wait another few months?" forces her to continue her suffering. Or a judge, through carelessness, fails to conduct a hearing behind closed doors, adding considerably to the distress of the victim.

¡@Thus, women's groups suggest:

1. The judicial authorities should move immediately to establish a separate family court, with its own judges.

2. The on-the-job retraining of investigators, whether police or prosecutors and judicial officers, must have a much strengthened focus on gender equality.

3. The training of judicial officers must emphasize the development of professionalization, modernization and adaptation to social realities.

4. Clear regulations should be laid down mandating those victims in certain kinds of household cases be accompanied to court by social workers.

5. An appeal mechanism should be provided to reduce the instances of inappropriate or harmful conduct by judges.

¡@We must start with retraining of current police and judicial officers, and continue with a more professional instruction for new officers, especially one based on principles of fairness and nondiscrimination. Only in this way can women's respect be maintained, women's security assured, sexual discrimination be eliminated, and promote the equal status of men and women. Only in this way can the constitutional guarantees of basic rights of the people are truly realized.

¡@
Remarks:

¡@Chia-ching Hsu is member of the Taipei Association for the Promotion of Women's Rights.

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