Prohibition of discrimination on the basis of ‘gender identity’ and ‘gender expression’ is a relatively new issue in the East Asian region. The UN Committee on Economic Social and Cultural Rights includes within ‘sex’, ‘the social construction of gender stereotypes, prejudices and expected roles, which have created obstacles to the equal fulfillment of economic, social […]

In 2012, the government of Vietnam began the process of drafting new provisions in the law on marriage and the family. The government identified eight separate issues that needed to be addressed, including surrogacy, heterosexual cohabitation and same-sex cohabitation. A legal prohibition of heterosexual cohabitation had been ended in 2000. Specifically on same-sex couples, the […]

Taiwan’s emergence as legally the most LGBT-positive jurisdiction in Asia seems to begin with Chen Shui-ban, first as mayor of Taipei and later as president. As mayor he sent a personal representative to the same-sex wedding of popular author Hsu Yoshen and his partner Gary Harriman in Taipei in November 1996. As president, he had […]

The Japanese constitution is explicit that marriage is based on the free consent of ‘both sexes’ (Article 24). The Civil Code refers to marital relationships using the words husband, wife and spouse. Before entering into a foreign marriage, Japanese nationals are required to obtain a certificate from the Japanese government containing basic information about both […]

In Hong Kong immigration officials have been quietly handing out special ‘relationship visas’ for partners of gay professionals coming from overseas (Ewing 2011). Singapore, it seems, does something similar for the same-sex partners of expatriates entering on a work permit. Thailand does the same, at least for partners of diplomatic personnel. Such informal accommodations probably […]

No jurisdiction in Asia has yet opened legal marriage to same-sex couples. No jurisdiction has yet established a registration system that allows same-sex couples to gain some or all of the rights and responsibilities of marriage by registering. The issue of relationship recognition is lively in Taiwan and Vietnam. Advocates in both Taiwan and China […]

The National Human Rights Commission of Korea supported the enactment of a general anti­discrimination law covering employment and services. It set up a four year process of consultations and discussions and funded a major report on the issues by the leading lesbian organisation that was completed in 2005 (Sanders 2012). A bill was drafted by […]

Taiwan has anti-discrimination laws which prohibit discrimination on the basis of sexual orientation. The Gender Equity Education Act of 2004 protects both the sexual orientation and gender identity of students. The Employment Services Act was amended in 2007 to bar discrimination in employment on the basis of sexual orientation. In addition, the Domestic Violence Protection […]

In 1994, Anna Wu, an appointed legislator, introduced an Equal Opportunities Bill (EOB) which sought to prohibit discrimination on a wide range of grounds, including race, sex, disability, age and sexuality. As a compromise, the government agreed to introduce narrower legislation, which became the Sex Discrimination Ordinance and the Disability Discrimination Ordinance. It then successfully […]

For many years it has been difficult for LGBT organisations to hold public events in China. A pride parade was held in Changsha, Hunan province, with about 80 participants strolling along the riverbank area with rainbow flags on 17 May 2013. There were individuals from seven different areas of China. The 19-year-old organiser was detained […]