Article 1002 of the Civil Code in 1998 stipulated," The residence of the wife shall be that of the husband…; nevertheless, in case there is an agreement that the residence of the husband shall be that of the wife…, the agreement shall be upheld." This article was against the principle of equality and proportionality of the Constitution.
The Regulations for the Handling of the Government Owned Housing and Farmlands Vacated by Married Veterans after Their Hospitalization, Retirement or Death distributes plots of state farmland to veterans.
The Taiwan Constitutional Court overturned this decision in J.Y.
In the case of protection orders involving monetary payment, the Domestic Violence Prevention Act explicitly authorizes the agency empowered to execute such orders and sets forth procedures and methods or doing so, in keeping with Constitutional requirements. However, for protection orders not involving monetary payment, the Act provides only general authorization of police agencies without procedures and methods, s
Article 235 of the Criminal Code provides for criminal penalties for people who distribute, broadcast or sell “obscene” material, and to people who manufacture or possess obscene material “with the intent to distribute, broadcast or sell.” The Court held that the term “obscene” is not an indefinite “concept of law,” but rather includes material containing, among other things, violent or sexually abusive content. As such, the Court held that the law is a reasonable restraint on free speech and free publication.
Article 80, Section 1, Sub-section 1 of the Social Order Maintenance Act establishes administrative penalties of detention and a fine for any person who engages in sexual conduct or cohabitation with the intent of obtaining financial gain. The Court noted that a transaction for sexual conduct necessarily involves two people: the person engaging in the conduct with the intent of obtaining financial gain, and the other person who provides consideration for the conduct.
The court petitioner, the eldest daughter of a registered successor of an “ancestor worship guild,” was prohibited from inheriting the status of successor after her father’s death due to internal regulations of the guild, which only allow male heirs.” The lower courts dismissed the petitioner’s claims, and the Constitutional Court affirmed.
The Court found that Article 49(1) of the Labor Standards Act, which prohibits female workers from working at night, violated the Constitution’s gender equality rule. One of the purposes of the article is to protect female workers' health. However, it is a requirement for all workers, and there is no reasonable ground to exclude male workers from this requirement. Another purpose of the article is to protect female workers' safety at night.
Article 239 of the Taiwan Criminal Code stipulates, "Anyone who has a spouse and commits adultery with another person shall be punished by imprisonment for a term not exceeding one year. The same applies to those who commit adultery." This Interpretation overrules J.Y. Interpretation No.
The Domestic Violence Prevention Act (the “DVPA”) was established in order to prevent acts of domestic violence and to protect the interests of victims. The DVPA defines domestic violence offenses and the family members who might be implicated, specifies the responsibilities and tasks of the various competent authorities, and governs issues such as civil protection orders, criminal procedure, the interests of any minors involved, protection of and support for victims, and educational and prevention measures. Breaches of the DVPA will result in the imposition of a fine or imprisonment.
