The Debate on Taiwan's Mandatory Surgery To Change IDs for Transgender People

TaiwanPlus News

A movement to waive a transgender surgery requirement in Taiwan has some women worried for their safety in public spaces. Gender studies scholars and trans rights lawyers say such deep-rooted fears can be overcome with open dialogue and infrastructural reforms.

Transcript

00:00Five years have passed since the first time a transgender person in Taiwan got to change

00:08their national ID gender marker without first getting surgery.

00:12Since then, there have been four winning cases and one losing.

00:17Some transgender people are still fighting in court and in their personal lives to be

00:21accepted as who they truly are while protecting the body they were born in.

00:26All these struggles over one bit of information on a legal document.

00:36Once you turn 14 in Taiwan, you'll need to come to a registration office like this one

00:40to apply for your national identification card, which only lists your biological sex,

00:44not your preferred identity.

00:46To change that marker, you'll need to go through a checklist of things to start the paperwork.

00:50That's based on an administrative rule enforced by the Interior Ministry since 2008.

00:56It requires you to be at least 20 years old, have gone through gender reaffirming surgery

01:00to remove reproductive organs, and have two psychological assessments to validate your

01:05need for surgery.

01:06But these rules are not legally binding.

01:09That means each person who wants to change their ID can challenge the criteria in court.

01:15Nail Pond has been on the front line of these legal battles, representing plaintiffs who

01:19want to change their ID without medical intervention.

01:22But since each case is judged individually, it's a never-ending battle until the Ministry

01:27revises the rule.

01:29So many judges have already said that the surgical requirement is wrong.

01:33We shouldn't continue to adopt this surgical requirement.

01:37But we haven't seen the Ministry of Interior make it clear to the court that at least the

01:42surgical requirement should be removed.

01:46They haven't gotten any response.

01:48Outside of the courtroom, the momentum to do away with the surgery rules has sparked

01:52protests from some women.

01:54They say it could compromise their safety and privacy in public spaces like restrooms.

01:59But gender studies scholar Chen Yiqian says such fears have a deeper root.

02:25As Taiwan's society becomes more openly diverse and inclusive, protecting everyone's

02:32safety and rights may begin with modifying infrastructure.

02:36For example, there are so many so-called gender-friendly restrooms.

02:41But when you go in, there are no barriers.

02:43It's just for men and women to use.

02:46This is not a gender-friendly space.

02:50With improvements in public space designs and more education, Chen says society would

02:55then be ready to embrace gender diversity in the legal and social spheres, and potentially

03:00accept a third gender on IDs.

03:03So this so-called third gender, legal gender design, is actually designed for people who

03:10don't want to be trapped in this road of two sexes.

03:18We have prepared this design, but it's currently a draft.

03:22You decide for yourself what the standard will be.

03:24If you want to do surgery, you do surgery.

03:26If you already have hormone supplementation, and you think that's enough, then you

03:31change gender according to your gender identity.

03:36Taiwan's transgender community is waiting for a green light from official decision-makers,

03:41which may take years.

03:43But lawyers like Pan are confident in the direction they're heading.

03:47If a transgender person's gender identity is registered in the court,

03:55then it's possible that it will be a case in the court.

04:02Whether transgender people can be themselves without the physical and financial burdens

04:06of surgery and social scrutiny requires open conversations among everyone in society.

04:13John Su and Irene Lin for Taiwan Plus.

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