交織性理念對身心障礙女童之保障──國際人權規範及對臺灣之啟示

An Intersectional Approach to Protecting the Rights of Girls with Disabilities: International Human Rights Law and Its Implications for Taiwan

現今社會是一個身分日益多元的時代，交織性則為散落在雙重或多重不利身分別縫隙間的群體，揭開其權利長期遭受忽略的沉重景況，並提供另一項可以有效促進實質平等的工具。本文除回溯交織性之緣起與內涵外，另剖析聯合國人權條約機構運用交織性之實務經驗，並以「身心障礙女童」為例，藉由與十二位實務工作者之質性研究訪談，嘗試探究交織性觀點能否讓一位同時具備未成年人、婦女及身心障礙者三重風險因子之遭受性暴力被害人，由不平等的皺褶縫隙中予以浮現。為促進國內全面落實人權的保障，本文建議政府應以短期、中期及長期為目標進行平等與不歧視政策及法令改革之思考，為交織性歧視在司法救濟之運用上拓展更廣袤的空間。

We live in a diverse world. It is argued that by acknowledging both direct and indirect discrimination, and the multiple forms that oppression can take—with intersectional discrimination being both “similar to and different from” individual forms of oppression—intersectionality offers a tool for achieving substantive equality for these people who are living at the crossroads of discrimination and disadvantage.
Using the intersectionality framework is “like wearing glasses for the first time,”—in which the layers of oppression can initially be blurry. To capture these realities, this article first traces the originating context for intersectionality and explains the concept. It then examines the application and practice of intersectionality by the United Nation’s human rights treaty bodies, as exemplified in individual communications, general comments and recommendations, and other documents prepared for Taiwan’s state reporting.
The final section of this article focuses on the experience of girls with disabilities who have been sexually abused in Taiwan, and who fall within the interrelated web of the Convention on the Rights of the Child, the Convention on the Elimination of all Forms of Discrimination Against Women and the Convention on the Rights of Persons with Disabilities. Qualitative in-depth interviews and a focused group interview with 12 experts (including law personnel and social workers) were conducted to better understand the layers of oppression and unique forms of discrimination faced by these victims with multiple identities.
This article suggests, from the standpoint of government responsibility, that the Taiwanese government needs to take progressive steps and incorporate intersectionality in its future non-discrimination and equality policy and law reforms. In the long term, this would include ensuring that intersectional discrimination is covered in any draft Equality Act, thereby providing appropriate recognition and redress for intersectionality in Taiwan.