[2014/6/25] CEDAW國家報告審查 伴侶盟快報

[ CEDAW國家報告審查 伴侶盟快報]


1. 由於同居伴侶不是結婚,因此沒有婚姻(相關的)權利。現行法中同居伴侶無繼承權但此部分可透過親屬會議要求酌給、家暴法有納入同居關係。
2. 同居伴侶沒有統計數據,唯一能參考的數據是家暴的統計,在國家報告273頁表16-8




Review of Taiwan’s CEDAW Second National Report
Statement of Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR)

Representative : Victoria Hsu
(Attorney-at-law, CEO of TAPCPR) Date : 2014/6/25

1. The official government statistics, particularly the Population and Housing Census conducted by the Directorate General of Budget, Accounting and Statistics (DGBAS) of Executive Yuan once each decade continues to list “co-habitat” and “with spouse” under “form of marriage” for the purposes of statistical analysis. This method completely ignores the wide variety of unmarried cohabiting couples and fails to reflect the reality of households in society in the statistical results. (政府每十年一次的人口普查持續將同居與有配偶均歸屬於[婚姻狀況]項下,因此無法掌握同居人口)

2. It does not exist any registered union/civil partner (or civil union…etc.) system in Taiwan. Laws protect rights and benefits for heterosexual marriages and there is an ongoing lack of understanding and legal protection for same-sex and heterosexual non-marital couples. Yesterday the Representative of the Ministry of Justice said that « even though the cohabiting partners do not have inheritance rights, they could be allocated a certain portion of the deceased partners’s property by the family council. » However, we have to point out that in practice, cases of cohabiting partners to obtain property through the above provision are extremely rare.


(1) Civil code should be amended to permit same-sex marriage: Excluding non- heterosexual couples from the institution of marriage simply allows that discrimination and inequality to endure.
(應該修改民法承認同性婚姻: 將非異性戀伴侶排除於婚姻制度之外只會導致歧視與不平等延續)

(2) Laws should be enacted to protect alternative partnerships and diverse families.

(3) Taiwan government should conduct statistical surveys regarding LGBTI and heterosexual non-marital partners and families in order to better understand and assess the situation of these populations.