Taiwan

The independence and sovereign limits of Taiwan are disputed. The People’s Republic of China insists that there is one unified China, including Taiwan, however Taiwan claims independence as a separate state. This tension means that Taiwan is only considered a separate state by 25 countries internationally. Owing to the refusal of the Chinese mainland to recognize the island nation’s dissent and independence from the People’s Republic of China, Taiwan is diplomatically isolated, but has nevertheless fashioned a nation with secular equality enshrined in law, regarded as relatively prosperous and free.

Estimates suggest that some 24% of the population are non-religious, 28% practice traditional folk religions,[ref]http://digimuse.nmns.edu.tw/da/en/collections/ha/re/[/ref] 20% Buddhism, and 19% Taoism. The remainder of the population belongs to a range of religious groups each accounting for a small proportion of the population. Sources suggest that many individuals incorporate aspects of traditional folk religions into their other beliefs, or combine multiple faith traditions.[ref]https://www.ait.org.tw/2022-report-on-international-religious-freedom-taiwan/; https://eng.taiwan.net.tw/m1.aspx?sNo=0029044#:~:text=For%20the%20most%20part%2C%20the,worship%20combine%20all%20three%20traditions[/ref]

Use of Conscientious Objection clauses resulting in the denial of lawful services to women and LGBTI+ people
Religious or ideological instruction is mandatory in all or most state-funded schools with no secular or humanist alternative
Insufficient information or detail not included in this report
Insufficient information or detail not included in this report

Countries: Kazakhstan

The state is secular, with separation of religious and political authorities, not discriminating against any religion or belief
Insufficient information or detail not included in this report
No fundamental restrictions on freedom of expression or advocacy of humanist values
Insufficient information or detail not included in this report

Countries: no countries relate to this boundary condition

No condition holds in this strand
No condition holds in this strand

Countries: Andorra

No condition holds in this strand
Religious courts or tribunals rule directly on some family or ‘moral’ matters; it is legally an opt-in system, but the possibility of social coercion is very clear
No condition holds in this strand

Countries: no countries relate to this boundary condition

Localised or infrequent but recurring and widespread social marginalisation or prejudice against the non-religious

This condition is unusual in that it is applied in cases where there is some social discrimination, but it is not pervasive or nationwide. This condition is applied when there is sufficient background evidence to warrant the assertion that discrimination is not anomalous but widespread, and this condition may be applied for example even where if there is no legislative discrimination or where the non-religious may have legal recourse against such discrimination. However, societal discrimination (i.e. discrimination by peers, as opposed to state or legal discrimination) is not easily measured, and for this reason the Report does not currently have similar more severe boundary conditions to capture higher levels of social discrimination per se. In principle these may be introduced in future. However, we consider that countries with actual higher levels of social discrimination against the non-religious will generally already meet other higher level (more severe) boundary conditions under this thematic strand.

The dominant influence of religion in public life undermines the right to equality and/or non-discrimination

Applied when the influence of religion on public life undermines others’ rights, such as SRHR, women’s rights, LGBTI+ rights.

May be applied when the influence is overt (i.e. when religious laws are applied to undermine others’ rights) or covert (i.e. where religious pressure groups exert influence to affect policy)

The non-religious are persecuted socially or there are prohibitive social taboos against atheism, humanism or secularism
Complete tyranny precludes all freedoms of expression and thought, religion or belief

Applied when overriding acts of oppression by the State are extreme, to the extent that the question of freedom of thought and expression is almost redundant, because all human rights and freedoms are quashed by authorities.

Countries: North Korea

Expression of core Humanist principles on democracy, freedom and human rights is brutally repressed
Expression of non-religious views is severely persecuted, or is rendered almost impossible by severe social stigma, or is highly likely to be met with hatred or violence
There is significant social marginalisation of the non-religious or stigma associated with expressing atheism, humanism or secularism
Religious or ideological indoctrination is utterly pervasive in schools
There is a nominal state church with few privileges or progress is being made toward disestablishment

Countries: Bulgaria, Norway, Peru, Rwanda

The non-religious are barred from some government offices (including posts reserved for particular religions or sects)
‘Apostasy’ is outlawed and punishable with a prison sentence

Countries: Bahrain, Comoros, Jordan, Kuwait

‘Apostasy’ or conversion from a specific religion is outlawed and punishable by death
Some religious courts rule in civil or family matters on a coercive or discriminatory basis
Religious authorities have supreme authority over the state

Countries: Iran

State legislation is partly derived from religious law or by religious authorities
Preferential treatment is given to a religion or religion in general

This condition is applied where there are miscellaneous indicators that organs of the state offer various forms of support for a religion, or to religion in general over non-religious worldviews, suggesting a preference for those beliefs, or that the organs of that religion are privileged.

There is a pattern of impunity or collusion in violence by non-state actors against the nonreligious
State-funded schools provide religious education which may be nominally comprehensive but is substantively biased or borderline confessional
Religious or ideological instruction in a significant number of schools is of a coercive fundamentalist or extremist variety

This condition highlights countries where schools subject children to fundamentalist religious instruction with no real opportunity to question fundamentalist tenets, or where lessons routinely encourage hatred (for example religious or ethnic hatred). The wording “significant number of schools” is not given a rigid quantification (sometimes the worst-offending schools are unregistered, illegal, or otherwise uncounted); however the condition is not applied in cases where only a small number of schools meet the description and may be anomalous, as opposed to being indicative of a widespread problem.

State legislation is largely or entirely derived from religious law or by religious authorities
Anomalous discrimination by local or provincial authorities, or overseas territories
Religious or ideological instruction is mandatory in at least some public schools (without secular or humanist alternatives)
‘Blasphemy’ or criticism of religion is outlawed and punishable by death
Government figures or state agencies openly marginalize, harass, or incite hatred or violence against the non-religious
Government authorities push a socially conservative, religiously or ideologically inspired agenda, without regard to the rights of those with progressive views
It is illegal to advocate secularism or church-state separation, or such advocacy is suppressed
Prohibitive interreligious social control (including interreligious marriage bans)
Quasi-divine veneration of a ruling elite is enforced, or a single-party regime holds uncontested power, subject to severe punishment
Legal or constitutional provisions exclude non-religious views from freedom of belief
It is illegal to register an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization, or such groups are persecuted by authorities
There is a religious tax or tithing which is compulsory, or which is state-administered and discriminates by precluding non-religious groups
The non-religious are barred from holding government office
Some concerns about children's right to specifically religious freedom

This condition may apply if specifically religious education, religious materials, or specific religious denominations are so tightly controlled that children are in fact over-protected from exposure to religion and are likely unable to explore or construct their own worldview in accordance with their evolving capacities. This condition helps us to classify states (perhaps with secular constitutions) which have criminalized specifically religious beliefs or practices. This condition is not applied if the restricted beliefs or practices are found to be outlawed due to their being of an extremist variety. While this condition does not directly reflect discrimination against non-religious persons or non-religious ideas, it does represent an overall threat to freedom of thought, conscience, religion or belief; such restrictions could spill over to affect non-religious beliefs later; and they pose a risk of backlash against over-zealous secular authorities or even against non-religious individuals by association.

It is illegal or unrecognised to identify as an atheist or as non-religious
It is made difficult to register or operate an explicitly Humanist, atheist, secularist or other non-religious NGO or other human rights organization
 
Systemic Discrimination
Free and Equal

Constitution and government

Formally a secular state, Taiwan’s Constitution[ref]https://www.constituteproject.org/constitution/Taiwan_2005[/ref] and other laws and policies protect freedom of thought, conscience and religion, as well as freedom of expression, assembly and association. In particular, Article 7 highlights equality between all citizens irrespective of religion, race, sex and other parts of one’s identity. Article 13 refers to the “freedom of religious belief.” Article 11 states that citizens have freedom of speech, teaching, writing, and publication. These rights and others may only be limited “as may be necessary to prevent infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare.” These rights are generally respected in practice.[ref]https://blogs.lse.ac.uk/religionglobalsociety/2022/04/covenantal-pluralism-in-confucian-societies-the-taiwan-example-and-its-lessons-for-the-world/[/ref]

In its 2022 International Religious Freedom Report, the US State Department noted that:[ref]https://www.ait.org.tw/2022-report-on-international-religious-freedom-taiwan/[/ref]

“In August, the Ministry of Foreign Affairs and Taiwan Foundation for Democracy jointly organized a Regional Religious Freedom Forum in Taipei titled, “An Indo-Pacific Civil Society Dialogue on Religious Freedom in Challenging Times.” The forum included international participants representing eight countries. It focused on challenges to religious freedom amid growing authoritarianism in the Indo-Pacific region and the role of NGOs and civil society in countering authoritarianism. At the opening ceremony, President Tsai Ing-wen stated religious freedom was a universal human right and Taiwan “knows what it means to stand on the frontlines of authoritarian aggression.” She said Taiwan was “committed to advancing religious freedom at home and abroad” and providing a model of inclusiveness for the Indo-Pacific region.”

Education and children’s rights

According to Article 158 of the Constitution, “[e]ducation and culture shall aim at the development, among the citizens, of the national spirit, the spirit of self-government, of national morality, a healthy physical condition, scientific knowledge and the ability to earn a living.”

Article 162 of the constitution subjects all public and private cultural and educational institutions to the supervision of the state. Under the Educational Fundamental Act, compulsory religious instruction is not permitted in any Ministry of Education (MOE)-accredited public or private elementary, middle, or high school. High schools accredited by the MOE are not allowed to require religious instruction, but may provide elective courses in religious studies, provided such courses do not promote certain religious beliefs over others. Religious organizations are permitted to operate private schools.[ref]https://law.moj.gov.tw/ENG/LawClass/LawSearchContent.aspx?pcode=H0020045&kw1=religion[/ref]

Family, community and society

There are no reports of discrimination as a result of religion or belief.

Abortion

Abortion is a criminal offense under the Criminal Code,[ref]https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=C0000001[/ref] punishable with prison or fines.

LGBTI+ rights

Same-sex marriage was made legal in 2019, despite significant opposition from Christian religious groups and political parties purporting to defend “family values.”[ref]https://www.theguardian.com/world/2019/may/17/taiwan-becomes-first-asian-county-to-legalise-same-sex-marriage; https://www.theguardian.com/world/2017/may/24/taiwans-top-court-rules-in-favour-of-same-sex-marriage; https://www.reuters.com/article/us-taiwan-lgbt-rights-feature-trfn-idUSKBN22X03A; https://www.taiwangazette.org/news/2018/10/5/who-is-behind-taiwans-opposition-to-same-sex-marriage-and-why-are-they-so-afraid; https://www.taipeitimes.com/News/editorials/archives/2016/12/24/2003661809; https://www.taipeitimes.com/News/taiwan/archives/2016/10/30/2003658229 [/ref] Transnational same-sex marriage is only legally recognized where the spouse is from a country in which same-sex marriages are also lawful.[ref]https://www.amnesty.org/en/location/asia-and-the-pacific/east-asia/taiwan/report-taiwan/[/ref]

In May 2023, the government passed a bill granting same-sex couples the right to adopt children to whom neither of them are related.[ref]https://edition.cnn.com/2023/05/16/asia/taiwan-same-sex-adoption-marriage-equality-lgbtq-intl-hnk/index.html[/ref]

Freedom of expression, advocacy of humanist values

Freedom of expression, peaceful assembly and association are guaranteed by law and generally upheld in practice.[ref]https://freedomhouse.org/country/taiwan/freedom-world/2023[/ref] However, there are some reports that political tension between Taiwan and the People’s Republic of China causes limited self-censorship.

Defamation is criminalized under the Criminal Code.

Blasphemy

Chapter 18 of the Criminal Code pertains to “offenses against religion, graves and corpses.”

Article 246 states “A person who publicly insults a shrine, temple, church, grave, or public memorial place shall be sentenced to imprisonment for not more than six months, short-term imprisonment, or a fine of not more than nine thousand dollars.”