Discourse, Protection, and Extent of Right of LGBT People to Family: in the Analysis of the Draft Amendments to Taiwan Civil Code by TAPCPR

• Main Authors: Lin, Wan-shu, 林宛樞
• Other Authors: Lin, Yun-hsien
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/w7v73h

碩士 === 國立清華大學 === 科技法律研究所 === 101 === LGBT right movement has been activated in Taiwan since 1990s, and the advocacy for right to family for LGBT people has been promoted since. Both the discourses of the movement and of the advocacy have thrived as magnificent nowadays. In 2011, the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) published their earliest version of amendment to the Parts of Family and of Succession of Taiwan Civil Code. It was probably the first wave in which legal movement is adopted into LGBT right movement in Taiwan, and it should be a significant project to study in both jurisprudence and sociology. This research has conducted analysis upon the current legislations which relates to the protection of right to family, the development of and discourse from TAPCPR, and the amendment by TAPCPR. Moreover, “the dominance approach” developed by Catharine A. MacKinnon is chosen as a theoretical tool in this research, to analyze the legal effect of amendment to Taiwan Civil Code by TAPCPR. In this research, supports for protection of the right to family have been found in some Judicial Interpretations to Constitution of Republic of China and Taiwan Civil Code. Yet heterosexual and patriarchal hegemony also haunts in those mentioned legislations, and it thus made the LGBT people legally excluded from being granted the right to family. To earn the equal protection of right to family for LGBT people, TAPCPR has then published the amendment to Taiwan Civil Code, which is drafted by the member of TAPCPR, in order to modify the most fundamental and important legislation to familial relationships. And this research has found that the amendment is made around an image of de-sexualized and norm-emphasized family, which could do potential harm and oppression to those who are disadvantaged socially or economically, no matter if they are LGBT or not. Along the dominance approach by MacKinnon, this research has done an investigation into and a conversation with the amendment by TAPCPR. This research concludes that thsi amendment would be making progress for this long fight for right to family, yet more empirical study or census to those existing families in this society would help bring steadier protection to the right to family in this amendment.