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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/04/30 18:09
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Chapter Law Content

Title: Sexual Harassment Prevention Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Principles
Article 1
The Act is formulated in order to prevent sexual harassment and protect the rights of victims.
The handling and prevention of incidents of sexual harassment are stipulated under the Act, unless otherwise provided in the Gender Equity Education Act and Gender Equality in Employment Act with respect to the handling and prevention, subject to the field where the incidents of sexual harassment occur, and the concerned party’s identity and relationship.
Article 2
Excluding sexual assault crimes, the sexual harassment referred to herein means the sexual or gender-related behavior against the will of a male or female and meeting any of the following circumstances:
1. Impair another person’s dignity and personality, or create a situation that causes another person to feel scared, hostile or offensive, or improperly affect another person’s work, education, training, services, plans, activities or routine life, expressly or implicitly, by discriminatory or insulting language and conduct, or in any other manners; and
2. Allow oneself or another person to provoke, lose or impair the interest and right related to learning, work, training, service, plan and activity on condition that another obeys or reject the behavior.
The power-abused sexual harassment referred to herein means that a person who is in charge of education, training, medical treatment, public affairs, business affairs, employment, or other relevant fields, and uses his or her power or opportunity to make sexually harass to another person.
Article 3
A troop referred to herein means a unit subordinated to the Ministry of National Defense.
The school referred to herein means any public or private school at all levels, military academy, preparatory school, police school at all levels, and juvenile correction school.
The institution referred to herein means any juristic person, partnership, or a non-corporate body which has its own representative or manager, or any other organization.
Article 4
Competent authorities as referred to in this Act mean the Ministries of Health and Welfare at the central level; the municipal government at the municipality level; and the county (city) government at the county (city) level.
Article 5
The central competent authority has the following duties, provided that for matters related to the duties of each central authority in charge of relevant enterprises, they shall be taken appropriate actions by each central authority in charge of relevant enterprises.
1. Drafting and reviewing policies and regulations about sexual harassment prevention;
2. Coordinating, supervising and examining implementation of sexual harassment prevention in the government;
3. Supervising the handling procedures for sexual harassment incidents established by competent authorities at the special municipality or city (county) level, and assisting to provide victims with protection and assistance;
4. Training professionals specialized in investigation on incidents of sexual harassment;
5. Popularizing education and promotion of sexual harassment prevention;
6. Awarding prizes to any organization, school, institution, employer, group or individual that carries out sexual harassment prevention and has excellent performance;
7. Compiling and gathering statistics of any data about incidents of sexual harassment, and creating e-database for the incidents of sexual harassment;
8. Organizing the study on the trends and problems of sexual harassment prevention; and
9. Other sexual harassment prevention matters.
To perform the activities under the previous paragraph, the central competent authority should select (appoint) scholars, experts and representatives of private organizations and relevant authorities to provide advice. Among the other things, the number of scholars, experts and representatives of private organizations shall be no less than one-half of the total number of persons. Female representatives shall be no less than one-half of the total number of persons.
Article 6
The competent authorities at the special municipality or city (county) level shall establish a Sexual Harassment Prevention Committee (hereinafter referred to as the “Committee”) which can undertake the following matters, provided that for matters related to the duties of each municipal and county (city) authority in charge of relevant enterprises, they shall be taken appropriate actions by such competent authorities:
1. Drafting policies and regulations about sexual harassment prevention;
2. Coordinating, supervising and implementing sexual harassment prevention matters;
3. Investigating, mediating and reviewing incidents of sexual harassment and transferring the case to the related agency;
4. Providing victims with consultation services, psychological counseling, legal assistance, social welfare resources and other necessary services;
5. Popularizing education & training and promotion of sexual harassment prevention;
6. Compiling and gathering statistics of any data about incidents of sexual harassment; and
7. Other sexual harassment prevention matters.
For the Committee referred to in the preceding paragraph, a convener shall be appointed and chaired by the administrator or deputy administrator of municipal or county (city) government concurrently. The Committee members shall be selected (appointed) from the senior officers of related agencies, persons of disinterested community members, representatives of private institutions, scholars and experts. Among the other things, the persons of disinterested community members, representatives of private institutions, scholars and experts shall be no less than one-half of the total, and female representatives shall be no less than one-half of the total.
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