Gender-Equality and Judicial-Reform Groups Submit Amicus Brief in Ms. Y Case and Invite Court Observation

Today (November 10), gender-equality and judicial-reform organizations-including the Taiwan Coalition Against Violence, National Alliance of Taiwan Women's Associations, Women in Digital Initiative (WIDI), Taipei Women's Rescue Foundation, and Judicial Reform Foundation-jointly submitted an amicus curiae brief in Disciplinary Court Case No. 110-Cheng-Shang-3 involving Ms. Y (Respondent: Ting Yun-Kung). They urged the Disciplinary Court to give proper effect to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which has been incorporated into Taiwan's domestic law, and to build a justice system worthy of public trust and committed to gender equality.

Relying on CEDAW and related law, the brief explains the procedures and analytical approach the court should use to protect gender rights and promote substantive equality. It also identifies legal errors in the first-instance court's reasoning:

1. The first-instance judgment treated the disputed "photograph" in isolation and used a decontextualized approach to decide whether sexual harassment had occurred. It did not adequately consider the parties' power relationship, the respondent's purpose in posting the photograph on Facebook, the actual impact on Ms. Y, or the relationship between the post and the respondent's continued expressions of concern and pursuit afterward. The brief argues that, under CEDAW General Recommendation No. 28 and the principle of substantive equality for women, the court should assess whether the respondent's conduct constituted hostile-environment sexual harassment under Article 2, Subparagraph 2 of the Sexual Harassment Prevention Act.

2. The first-instance proceedings also failed to consult experts or allow Ms. Y, the victim, to present her views. The amici argue that this did not satisfy CEDAW General Recommendation No. 33 and amounted to an incomplete investigation and an error of law. (See the appendix for the full brief.)

The first preparatory proceeding in the appeal will be held at 10:00 a.m. on Friday, November 12, in Courtroom 1 of the Disciplinary Court. Because the Disciplinary Court's interpretation of the definition and application of sexual harassment bears directly on gender rights and gender equality and may shape future law and the conduct of public functionaries nationwide, the JRF will organize a court-observation activity and invites everyone concerned with gender equality and judicial reform to follow the case.

Appendix

• Amicus Curiae Brief in the Ms. Y Case

Joint Submitting Organizations
(in Chinese stroke order)

Taiwan Coalition Against Violence
National Alliance of Taiwan Women's Associations
Women in Digital Initiative (WIDI)
Taipei Women's Rescue Foundation
Judicial Reform Foundation

Press Contact

Ma Chien-Ya / Legal Specialist, Judicial Reform Foundation - (02) 2523-1178 ext. 30