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Between inclusive discourse and normative institutions : a queer analysis of Taiwan's gender equity education act Tsao, Hsuan-Yu

Abstract

The establishment of the Gender Equity Education Act (GEEA) in Taiwan introduced a gender and sexuality framework influenced by Western discourse, particularly from North America. It aims to prevent and address gender-related incidents, primarily focusing on respecting diverse sexualities, eliminating sexual discrimination, preventing sexual violence, and promoting gender equity for individuals working or studying on campus. However, its effectiveness appears to primarily benefit heterosexual and cisgender individuals, while continuing to marginalize tongzhi (LGBTQ+) communities. This study employs a queer theory lens to conduct a critical content analysis of the GEEA to examine whether it is an effective gender and sexuality act for Taiwanese tongzhi students. The findings reveal three primary observations: (1) despite the GEEA introducing diverse gender-related language, significant gaps still remain between language reform and institutional practice; (2) the framework of the GEEA reflects a top-down approach rooted in heteronormative and cisnormative assumptions; and (3) the passive rights discourse in the GEEA offers minimal support to tongzhi students, making it difficult to achieve genuine substantive gender equality. These findings reveal a subtle yet significant gap between the GEEA and tongzhi cultural realities. This study recommends that policymakers enhance transparency in gender-related legislation and ensure representation of students with diverse gender and sexual identities at all school levels in decision-making committees. Furthermore, it calls for more critical, sociologically informed qualitative research in education, as current research often describes structural phenomena without actively challenging normative frameworks. Finally, the legal framework should adopt and promote more active and supportive institutional language to better address the needs of tongzhi individuals.

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Attribution-NonCommercial-NoDerivatives 4.0 International