Rice Rabbit Broadcasting | Let the rainbow bridge stretch infinitely

2020.05.17 Issue 12

• Editor's note

Gender-based violence, or gender-based violence, is “gender”-based violence that encompasses unequal gender power relations. In fact, in addition to gender-based violence between men and women, there is also violence based on sexual orientation, gender identity and gender expression.

According to the 2016 “Sexual Minority Survival Status in China: Social Attitude Survey Report Based on Sexual Orientation, Gender Identity and Gender Expression” published by the United Nations Development Program, more than half of the respondents of sexual minorities said that they have experienced sexual misconduct because of their sexual orientation, gender identity and gender expression. Being unfairly treated or discriminated against by their families because of their gender identity or gender expression, about 40% said they had a similar experience at school. At the same time, transgender people are more likely to experience discrimination at home, at school and in the workplace than other sexual minorities.

(Click to view the meaning of "gender violence")

In the field of family, Tongyu's 2015 republished "Report on Domestic Violence of Sexual Minorities in China" showed that 68.97% of lesbian/bisexual respondents had experienced domestic violence. Among them, 49.16% came from the family of origin, and 42.64% of violence between same-sex partners, and mental violence was the main form of violence suffered by this group.

On March 1, 2016, the "Anti-Domestic Violence Law of the People's Republic of China" was officially implemented, and Article 37 stipulates that "violence committed between persons living together other than family members shall be implemented with reference to the provisions of this Law". In theory, domestic violence between cohabiting same-sex partners is also covered by the law. However, in real life, due to the threat of the perpetrator to disclose his sexual orientation, gender identity, or fear of being discriminated against when seeking help, Sexual minorities are often afraid and unable to turn to formal support systems.

In the field of schools, according to the "Sex and Gender Minority Students' Campus Environment Survey Report" published by Tongyu in 2016, a total of 40.64% of the interviewed students reported that they had targeted and gender minority students on their campuses. School bullying, including language Assault, forced out, isolation, sexual harassment, physical violence, etc. In addition, the research report "Supporting and Caring for Our Bisexual Youth" released by the American civil society "Human Rights Movement (HRC)" in 2014 shows that in addition to facing discrimination from non-sexual minorities, bisexuals may also face discrimination from sexual minorities. 'Bisexual fear' within minorities.

May 17 is International Day Against Homophobia, Transphobia, and Biphobia, and this year's theme is "Break the Silence" . On this occasion, MiTu Radio reviewed several incidents of gender-based violence against minorities, hoping to break the silence on the injustices faced by sexual minorities, and call on more people to pay attention to and oppose violence against sexual minorities. Discrimination, violence and hatred, expect the rainbow to appear after the rain.

1. "Rose Boy" Ye Yongtiao Incident

On April 20, 2000, Ye Yongtiao, who was in the third class of Gaoshu Guo Middle School in Pingtung County, was found lying down in the toilet, bleeding from his nose and mouth, and was sent to the hospital for treatment. He died in the early morning of the next day.

Previously, male classmates in the school often bullied Ye Yongtiao because of her feminine temperament, ridiculed him as a "sissy", or forcibly took off his pants in the toilet and demanded "verification of his identity", which caused him to dare not dare to do so during get out of class hours. To the restroom. One month before Ye Yongtiao's death, he told his mother, "I don't want to go to school, someone at school wants to beat me." Although Ye Yongtiao and Ye's mother reported the situation to the school, the situation did not improve.

The Ye Yongtiao incident sparked extensive discussions on the issue of gender equality on campus. Various civil organizations demanded to find out the cause of death and urged attention to gender equality education. In 2006, the cause of Ye Yongtiao's death was identified by the court as walking on wet and slippery ground, causing a sharp imbalance in the center of gravity and causing vagal fainting and falling to the ground. His head hit the ground and died. five months in prison.

After that, Taiwan officially implemented the Gender Equality Education Law on June 23, 2004, which included equal rights protection for different genders, sexual orientations, gender identities, and gender temperaments, and stipulated that schools should carry out gender equality education in different ways. related courses. Ye's mother has also been involved in the promotion of gender equality education for a long time.

Source of information: "GLCAC03" WeChat public account

Related Links: "Why Only Disguise and Resist Can You Survive - The 20th Anniversary of Ye Yongtiao's Death"

2. China's first homosexual conversion therapy case won, "homosexuality is not a mental illness"

In February 2014, under the pressure of his family, Yanzi came to Chongqing "Xinyu Piaoxiang Psychological Counseling Center" (hereinafter referred to as "Xinyu Piaoxiang") to receive the so-called "homosexual correction treatment". Talking about the hypnosis and electric shock in "treatment", Yanzi said: "It left a psychological shadow."

Yanzi recalled in an interview with Fenghuang.com that Jiang Kaicheng, the person in charge of "Xin Yu Xiang Xiang", first let him relax through hypnosis, and then asked him to imagine the scene of having sex with the same sex. If there is a physical and psychological reaction, move it. finger. When Yanzi followed his guide and moved his fingers, he was suddenly electrocuted by Jiang Kaicheng with an electric shock therapy device. Allegedly, there are 5 courses of "treatment for homosexuality" in total, one course includes 6 treatments, there are 30 treatments in total, each treatment has 3 to 4 electric shocks, and there will be about 100 electric shocks before and after, and the "treatment" "The total cost is 30,000 yuan.

In March 2014, Yanzi took "Xin Yu Xiang Xiang" to court. On July 31, the Beijing Haidian District Court held a trial on the case, which lasted about 4 hours, but did not pronounce the verdict in court. On December 19, the Haidian District Court made a judgment, requiring "Xin Yu Piaoxiang" to apologize to the plaintiff Yanzi and compensate 3,500 yuan for mental damage. The verdict clearly states: "Homosexuality is not a mental illness, and Xinyu Center's promise to provide treatment is also false propaganda." This is the first time that the Chinese judicial system has clearly stated that homosexuality is not a mental illness in a precedent.

In fact, the "Chinese Classification and Diagnostic Criteria for Mental Disorders, 3rd Edition" published in 2001 removed "homosexuality" from the category of mental disorders.

Source of information: Curiosity Daily, Phoenix Information, LGBT Rights Promotion Association

Related Links:

"Do our lives still need to be "turned around"? 》

"Three Billboards, A 3,251-Kilometer Action Against Homosexual Conversion Therapy"

3. Transgender Mr. C was illegally dismissed and filed a general personality right lawsuit

Mr. C was assigned a female gender at birth and identified himself as a male. In April 2015, Guiyang Ziming Health Checkup Center Co., Ltd. (hereinafter referred to as "Ziming Health") dismissed him on the grounds that he did not wear female work clothes as required by the company and did not clearly express his personal gender. Thereafter, Mr. C filed a general personality right lawsuit against Ziming Health.

On April 20, 2017, at the first-instance trial of the Yunyan District Court of Guiyang City, the plaintiff Mr. C claimed that the defendant Ziming Health violated his equal employment rights and personal dignity, and constituted gender discrimination in employment. On July 26, the first-instance judgment found that the defendant violated the plaintiff's right to equal employment, and the termination of the labor contract with the plaintiff without justifiable reasons constituted differential treatment, but did not constitute gender discrimination in employment. Mr. C appealed the verdict.

On November 13 of the same year, the second instance of the general personality rights dispute was held in the Guiyang Intermediate Court. In February 2018, the court ruled that there was insufficient evidence for Mr. C's claim that Ciming's health's behavior constituted gender discrimination, so it was not supported and the original judgment was upheld. However, the second-instance judgment put forward the view that "labourers should not be discriminated against in the employment process because of personal gender cognition and gender expression."

Source of information: Sohu.com, "Tongyu" WeChat public account

Related Links:

Lawyers' Column | Legal Remedies for Sexual Minority Employment Discrimination

4. A gay teacher in Qingdao was dismissed for being suspected of being gay, and he was compensated for six months' salary after applying for labor arbitration

On September 19, 2018, Ming Jue (pseudonym), a teacher who was dismissed from Qingdao Mengbao Kingdom Kindergarten suspected of being gay, applied for labor arbitration to the Qingdao Labor and Personnel Dispute Arbitration Commission. The case was filed on the 27th of that month. In November of the same year, the Labor Arbitration Commission ruled that the garden party should pay Ming Jue the difference in wages, that is, the wages should be paid for about six months (about 40,000 yuan).

On January 10, 2019, Ming Jue attorney Tang Xiangqian filed a lawsuit with the Laoshan District People's Court of Qingdao City on the grounds of "dispute on equal employment rights", and the case was successfully filed.

According to the Daily People, Ming Jue said he was expelled from the kindergarten because he was "worried about teachers teaching children to be gay." On August 5, 2018, after participating in the second anniversary of the Gay Family and Friends Association (Shandong Linyi Branch), Ming Jue posted a circle of friends related to gay rights, which was captured by parents and complained to the garden. The investor of the kindergarten told Mingjue that his struggle for gay rights as a kindergarten teacher was not in line with the kindergarten's educational philosophy, and he was later expelled.

Source of information: The Beijing News, Daily People, WeChat public account of “LGBT Rights Promotion Association”

Related Links:

"The First Case of Comrade Teachers' Labor Rights": To be a teacher, the most important thing is truth

5. A lesbian was placed under house arrest by her parents after she came out of the closet. Volunteers repeatedly rescued her to no avail.

In March 2019, Weibo user "Single Kangaroo" (hereinafter referred to as "Kangaroo") asked for help online, saying that she and her girlfriend knew each other when they were studying in Australia. After her girlfriend Butterfly (pseudonym) came out to her parents, Butterfly's parents called him out. She was taken away from Australia, and after returning home, she destroyed her mobile phone, detained her passport, and placed her under house arrest. Since then, the butterfly has lost contact with the kangaroo.

On May 5, Kangaroo and volunteers cooperated with Butterfly's "escape" plan and left Shanghai by high-speed train with Butterfly. Later, Butterfly's parents called the police on suspicion of "kidnapping" and were brought back by the police in Nanjing on the same day. Since then, volunteers have continued to inquire about news, seek help from the Women's Federation, participate in police mediation, and rescue themselves. However, since June, the butterfly has lost contact again.

From July 29 to August 5, a total of 7 people from the Butterfly Kangaroo Anti-Domestic Violence Public Welfare Volunteer Team and rights lawyers visited the Shanghai Women's Federation, Pudong New Area Women's Federation, Huamu Road Street Women's Federation, sub-district offices and district neighborhood committees. I went to Huamu Road Police Station and Lujiazui Public Security Police Station for return visit and negotiation. On August 8th, Butterfly's Weibo account @ Butterfly Butterfly (the account has now been cleared from Weibo) posted a message of "reporting peace". Suspicious, some netizens left a message asking "Is it me?" Since then, there has been no further news of the butterfly.

Source of information: Weibo account @ Single Kangaroo, Weibo user @ Butterfly Butterfly Ah, WeChat public account of “Beijing Qianqian Law Firm”

6. Two suicide notes, civil servants and junior high school students who were bullied because of their homosexuality

In the early morning of April 27, 2019, Weibo user @wuwei posted a Weibo post on Qilu (Note: the user has been logged out, hereinafter referred to as "Wu Wei"), pointing out that the unit's leaders and colleagues were harassing him because of his homosexuality. mockery, isolation and injustice, and expressed suicidal intent. After that, his family responded that they had been rescued successfully.

According to the report of Sohu News Jiday Studio, Wu Wei was a clerk of the Lianshi Township Government in Zhejiang Province at the time. He said that in addition to the mockery of his homosexuality by his colleagues in his work unit, his parents burned books and questionnaires about homosexuality in their room and burned them. His books and questionnaires, damaged his computer, and considered him "disgraceful". Under the double pressure, Wu Wei decided to commit suicide. After posting his suicide note on Weibo, he took sleeping pills, and was later discovered by his family and sent to the hospital for rescue.

On the evening of May 14 of the same year, a 15-year-old third-year student in Qingdao, Shandong also posted a suicide note on Weibo, saying that he was ridiculed and ridiculed by classmates, teachers and others because of his homosexuality and feminine temperament, and he also witnessed other feminine temperaments. of male students are bullied at school. In addition, he also said that his father used physical violence against him, and asked himself "is he sick" and "is he abnormal", and said that he "decided to solve the problem in the most extreme way".

In the early morning of May 15, the Qingdao police issued a notice saying that the public security organs had located the students involved and said they were safe. Then, the father of the student involved responded that "homosexuality" was made up by his son.

Source of information: Video from Phoenix.com, WeChat public account of “Jiday Studio”; Beijing News, official Weibo of Qingdao Public Security Bureau @Qingdao Public Security

Text: Ah Qing, Alarm Clock, Cereal, Ye Qing

Head image: Ye Qing

Typesetting: Ah Qing