Human Rights Promotion Using Language and Cultural Means:
Same-Sex Marriage and Taiwanese Civil Society
Helix Lo*C

ulture is considered a system of meanings containing elements such as norms, traditions, and beliefs which construct theworldview of a person and hence influence how he/she decides his/her behavior and interacts with the world (see Jasper, 2005, pages 123-126;
Ross, 2005, pages 137-141). To put it simply, culture is about the logic of appropriateness. If a person believes eating meat is appropriate, he/she eats
meat; if a person believes what a religion promotes is appropriate, he/she
supports it; if a person believes playing video games is inappropriate, he/she refuses to play the games. The logic also has an unconscious aspect. For
example, spontaneously speaking in mother tongue is rarely questioned as
inappropriate.
Education on human rights values after World War II is based on the
logic of appropriateness on a global scale. For example, it asks people tomove from believing in the appropriateness of treating females as inferior tomales to considering them as equals. The fundamental goal of human rights
promotion is to empower people to live with dignity and rights. The Vienna
Declaration and Program of Action, adopted on 25 June 1993, states:
The World Conference on Human Rights reaffirms the solemn commitment of all States to fulfil their obligations to promote universal respect for, and observance and protection of, allhuman rights and fundamental freedoms for all in accordancewith the Charter of the United Nations, other instruments relating to human rights, and international law. The universal natureof these rights and freedoms is beyond question. (I(1))*
Helix Lo is a PhD student and a research and teaching assistant at The University ofTokyo. He is also the Membership Director at Young Professionals in Foreign Policy (Tokyo).
His research focuses on elections and political participation, citizenship education, andJapanese politics, and concerned with the human rights development and democracy in Asiawith a particular focus on Japan, Taiwan, and Hong Kong. He can be contacted at helixlo2240@
gmail.com.

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Whether a state agrees with it or not, human rights values nowadays
have become the moral boundaries of state-parties and individuals andshape the public expectation toward their behavior.
The promotion of human rights did not proceed without a hitch, however. When the government of Hong Kong was replying to the list of questions raised in the fourth report for the Universal Periodic Review of the
Human Rights Council, for example, it tried to justify its violations andquoted two sentences from President Xi Jinping of China
There is no one-size-fits-all path for human rights development in the world. There is no best way, only the better one”
(cmab, 2021).
The illogical claim by some state-parties1 of incompatibility between human rights [universality] and national culture [particularity] hasbeen regarded as one of the greatest barriers to human rights promotion.
Simultaneously, there is an increasing amount of literature suggesting and/or analyzing the “vernacularisation” of universal human rights – how humanrights concepts intertwine with local culture and create new discourses, andhow human rights are promoted through local channels such as culturalactivities (e.g., Acharya, 2004; Caudwell, 2018; Levitt et al., 2013; Plantilla,2019).
This article focuses on the promotion of human rights from a bottomup perspective. Human rights promotion, a life-long process involving diverse forms and actors, includes both formal and informal types. While
formal education on human rights usually takes place in schools and universities, the civil society (as distinguished from the government) usuallyengages in informal education and adopts casual methods (e.g., using songs)
and actively mobilizes people (e.g., protests) in promoting particular rights.
In this study of human rights promotion by civil society, two elements deserve greater attention – the language and the means to express messages.
Both are fundamental and contextualized carriers of values used by the civilsociety in engaging with the larger society. These two elements are essential
in the dialogue that the civil society actors would like to have with othermembers of society. Language as used in this article not only refers to verbal
expression but also to symbolic representations (e.g., flag) that are widely
associated with particular rights and/or groups. In promoting human rights,

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it is necessary to understand the opposition that civil society faces and how
such opposition is constructed and expressed.
This article discusses the languages and materials used in promoting(and opposing, if any) particular human rights during the last decade in
Taiwan, and the roles culture played in the promotion process. It focuseson the same-sex marriage movement and the discussions on same-sex marriage rights in Taiwan.
This article argues that same-sex marriage rights are human rights,
though these rights have not yet been covered by any international humanrights instrument.
The IssueSame-sex marriage rights were not intensely discussed until the 2010s afteran administrative proceeding was filed against the Department of Household
Registration in Taipei. This case involved the rejection of an application forregistration of two people of the same sex as a married couple. This incident
led to a widespread discussion of same sex marriage in society. Protests,
assemblies, and activities were continuously initiated by different groups toexpress either support or objection to the legalization of same-sex marriage.
The claims of the pro-lgbtq+ groups included but were not limited to thelegalization of same-sex marriage, the promotion of sexual liberation, andthe implementation of inclusive education. On 24 May 2019, a law recognizing same-sex marriage was passed as the Act for Implementation of Judicial
Yuan Interpretation No. 748.2 This was a milestone for Taiwan and the firstsuch law in Asia.
This article provides insights on how lgbtq+ rights were promoted andcontested in Taiwan, which is a leading liberal ethnic Chinese society in theworld. It offers a glance at how civil society actors use languages and means
to promote as well as oppose lgbtq+ rights. It suggests that civil society
actors should understand the character of the human rights or the humanrights issue that they would like to promote to be able to adopt corresponding strategies to successfully promote such rights. These strategies include
the use of languages that express ideas different from existing cultural concepts, the means that can directly convey human rights messages in a dialogue with society, and the changing societal contexts.

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H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3Compatibility between Confucianism and Human Rights
The debates over the compatibility between Confucian culture and humanrights have continued for decades even in a liberal (i.e., Taiwan) or a semiliberal (i.e., Hong Kong, particularly before 2021) ethnic Chinese society.
Whereas Confucianism is perceived as deep-rooted in Asian and ethnic
Chinese society, its strong emphasis on harmony, order and hierarchy simultaneously earns itself a derogative image among those who promote freeand equal society. Online posts discussing Confucianism in two most popular local online forums in Taiwan and Hong Kong (ptt and lihkg respectively) can help understand the everyday opinions regarding Confucianismin (semi-)liberal ethnic Chinese society (See Annex A for the titles and content of the posts shown on Google).
As expected, the views expressed were divided. Those who criticize
Confucianism believe that it promotes inequality, absolute obedience toauthorities, blind filial piety, and subordination of oneself. Education on
Confucianism is labeled as an education of servility, serving as an antidemocratic tool to preserve the dictatorship and limiting modernization. In
contrast, those who view Confucianism positively believe that the incompatibility between Confucianism and liberal values is an artificial one thatstarted in ancient China. Authorities in the past distorted Confucianism andtailored it as a cover to support the absolute power of the emperor over its
people. Therefore, the problem is not Confucianism but those who use it forgoverning purposes and private interests. This debate can also be observedin commentaries about Confucianism, politics, and liberal values in local
news media; though the commentaries are more inclined toward supporting Confucianism that facilitates dictatorship (e.g., Hung, 2016, Yu, 2018; seealso BBC, 2015). Regardless of their stances, they have generally agreed that,firstly, the Chinese authority nowadays is a typical example that has instrumentalized Confucianism to reject human rights, equality, freedom, and/or
diversity. Secondly, Confucianism tends to encourage a vertical relationship(i.e., social hierarchy) instead of true equality.
Reformists, educators, and scholars have raised the view that ruling regimes since a century ago had used Confucianism and traditional culture toenslave the Chinese people,3 there is an increasing number of literature defending the compatibility between Confucianism and human rights values
in recent decades. For example, Tang (2010) argues that common grounds

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can be found in the two ideologies by looking into the duty language (義務語言) and rights language (權利語言) in Confucianism. According to her,the Confucian world social order and harmony are built on a human relationship model in which family is the core. From personal life and family
to society and state, individuals are required to play roles to fulfill their responsibilities (pages 33-34). Yet, rights are not neglected in Confucian expression. Emphasizing the duty of the state to the people (e.g., protecting
the life of the people) is simultaneously emphasizing the fundamental rightsthat people can enjoy (e.g., the right to live) from a Confucian perspective(page 35). Most importantly, Confucianism not only carries the principles ofmutual obligation and the collective responsibility in each relationship but
also equality of dignity by highlighting the need to think about others when
taking action (page 33). Therefore, although Confucianism does not speak ofhuman rights, Tang believes that the ideology itself is not entirely unrelated
to what are being promoted nowadays (rights and equality in particular).
She further argues that language adopted by Emperor Wu of Han (141 BC to
87 BC) and succeeding regimes distorted Confucianism and turned it intoa unidirectional relationship by highlighting social status, stressing the dutyof obedience, and emphasizing loyalty or even unquestionable submission
to authority (pages 37-39).
Despite the subtle variances in the interpretation of Confucianism,
scholars who support the compatibility between Confucianism, democracy,
and human rights generally share similar view with that of Tang (e.g., Chan,
2011; Dan & Choy, 2011; Fetzer & Soper, 2007; Lee, 2002). They believe in thepossibilities of developing and enhancing human rights with Confucian values and agree on the view that Confucianism has been distorted to become
a tool of authoritarianism. As for the opposition, the strong emphasis ofConfucianism on social hierarchy is regarded as one of the main difficulties
in the promotion of human rights. From the Confucian perspective, duties
outweigh rights, obedience outweighs challenge, and harmony outweighs
conflicts (see also Chen, 2006; Gao, 2003; Weatherley, 2002). Additionally,some scholars, like Samuel Huntington, contend that the core values promoted in Confucianism (e.g., authority, cooperation, and responsibilities)
make the ideology contrary to democratic values (e.g., liberty, competition,and rights), and democracy can only succeed by weakening Confucianism
in society (Elstein, 2010; Fukuyama, 2010, page 22; Spina et al., 2011).4 Albeit
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rights values (including democracy) is not yet established, it is clear thatthey are not entirely unrelated or hostile to each other.5 A path to coexistence may exist indeed.
Dialogue between Confucian Traditions and the Marriage Rights of Sexual
Minorities in Taiwan
Despite the suggested theoretical compatibility between Confucianismand human rights, Confucian concepts are barely found in the discourseof individuals or non-governmental organizations/non-profit organizations(ngos/npos) in promoting same-sex marriage rights in Taiwan. Rather,
Confucianism is regarded as an enemy to their cause. In July 2016, Jennifer
Lu,6 the current General Coordinator of the Taiwan Equality Campaign,7wrote an article for the Thinking Taiwan Forum,8 titled [Jennifer Thinking]
The Future of Marriage Equality in Taiwan – United to Change Confucianism
and Traditional Authoritarian Family Values. She argued that the key obstacles to promoting equal marriage rights were Taiwanese Confucian values and its affiliated family ethics, and thus accomplishing the expectationof parents and emphasizing family values were indispensable traditional
thoughts to the ethnic Chinese community (paras 6-7). Consequently, anindividual act of “coming out of the closet” challenged the entire family andsocial structure (para 9). From this viewpoint, furthering the developmentof lgbt rights and democratic and civil society requires people to unite and“challenge the parent-child relationship” and “alter the meaning of children
to the parents” (para 10).
This attack on Confucianism and traditional values, however, was relatively rare in 2010s when the same-sex marriage movement engaged themainstream society with the logic of appropriateness. Instead, the movement used the human rights language (see photos below for examples of human rights expressions, Figures 1 and 2) such as the Rainbow Flag, “(Anti-)
Bullying”, “(Anti-)Discrimination”, “Human Rights”, and “Equal Rights”, andalso individual-centered language such as “Self/I”, “Sex”, and “Love”. Thesesymbols and terms are different from the traditional Confucian language
which stresses “Us”, “Parents” and “Collectivity.” Although the movement
did not attack traditional values, it also did not localize the conceptual expression of lgbt rights in Taiwan. Nevertheless, there were attempts to incorporate universal claims of lgbt rights with local symbols, such as rec-Same-sex Marriage and Taiwanese Civil Society227

reating the national flag and map with the colors of the Rainbow Flag (seeFigure 2).

Figure 1. A pro-LGBTQ+ activity held in Taipei on 28 November 2016.

From left to right, top to down, the words shown in the images are:“Marriage equality is human rights, human rights cannot wait”; “Marriage
equality, forming a home because of love” (shown on the pink board) and“Pluralistic sexual desire” (shown on the green board); “Refuse to be a second class citizen, legislating a separate law = discrimination”; “Allowing
Stephen Curry to Cheat but barring lgbt from marriage”.9

Figure 2. A pro-LGBTQ+ protest in Taipei on 29 October 2016.

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The board on the left side of the photo (Figure 2) states “Marriage equality;” the board on the right side of the photo states “Diverse Families.”10
Aside from organizing massive gatherings (e.g., protests) and formal
activities (e.g., public speaking, forums and lobbying), promoting lgbtq+
rights through cultural means is also observable in the work of ngos/npos.
For example, the Taiwan Alliance to Promote Civil Partnership Rights has
its own thematic song. Part of the lyrics are translated below:
The Right to Love Each Other11[Translated from Mandarin Chinese]…
It is more than the body existing between you and me, and inevery night.
It is more than the inseparable soul between you and me, between two persons.
It is not only about you and me, but a fair opportunity to beheard by more people.
To hear the right of us to love each other.
(Lyricist/Composer/Arranger/Signer: Vanny)
Similarly, the song used human rights and individual-centered language
such as “Rights” and “Love.” They neither criticize Confucianism nor selectively use Confucian concepts. More interestingly, when an outsider – who
is not familiar with the Taiwan Alliance to Promote Civil Partnership Rights– hears the song, it is quite difficult for him/her to recognize the lgbtq+
meanings carried by it. Rather, the song is more likely to be consideredmerely a romantic song. Thus, this strategy can help promote lgbtq+ rights
by avoiding triggering instant caution and resistance from an ordinary citizen when he/she hears the song. Songs, additionally, are a powerful cultural
tool to promote ideologies in human histories, such as La Marseillaise12
composed during the French Revolution in France (1789-1799), and Glory to
Hong Kong13 composed during the Anti-Extradition Bill Movement in Hong
Kong (2019-2021/present14). They are easy to disseminate and emotionallyinfluential and effective in strengthening the bonds between individuals
who uphold the same values.
In 2017, Mandopop singer Tanya Chua15 rearranged the song We Are
16
One to support the International Day against Homophobia, Transphobia,
and Biphobia. The lyrics echo those discussed in the previous paragraphs.
Eight Taiwanese singers were invited to sing the song and more than one

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hundred Taiwanese celebrities were included in its music video. Celebrity
effects are exceptionally prominent in contemporary society. Since they are
public figures and have branding value, their endorsement not only increases
the visibility of the issue they promote but also emphasizes the appropriateness of accepting it. In other words, they have the power to reshape existing
culture in society. A study done in Canada shows that political statements
made by celebrities can make unpopular statements more acceptable to the
public (Jackson & Darrow, 2005).
Advertisements and videos are another set of tools that the pro-lgbtq+
organizations often used to communicate with the public during the samesex marriage movement. For example, Marriage Equality Coalition Taiwan(n.d., page 38) produced an advertising video titled “The Innate Thought ofa Father” on 2 December 2016. The video describes a father’s reaction when
he found out his oldest daughter was a lesbian, with the narrations doneby the father himself. While he was initially shocked by the revelation of
his daughter, he started to search for information about the lesbian concept
and relevant matters and was delighted to know that his daughter was living
happily with her partner and daughter. The video ends with a scene wherefamily members gathered for a family picture (photo below, Figure 3), interspersed with family pictures taken in the past. The video content challenges
the mundane understanding of Confucianism in at least two ways. Firstly,
the father is active in learning and accepting the behavior of his offspring.

Figure 3. Screenshot of the video “The Innate Thought of a Father”, The Present Tense of Family, 3
December 2016.17

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From a traditional Confucian perspective, offsprings should fulfill the expectations and follow the instructions of parents (Chen, 2006, page 61). They
are supposed to understand their parents instead of seeking understanding
from them. Secondly, the family looks happy even when the oldest daughter
comes out of the closet and does not submit to the established hierarchy.
The meaning and image in the video imply that same-sex couples may not
impair family relationships. Whether intended or not, the video confronts
Taiwanese traditional family values and presents to the Taiwan public thepossibility of having an alternative way of living.
Another promotional material used is poster. One poster challenges the
traditional family structure, yet perhaps had won greater resonance in society (Figure 4). Wearing red sweaters, the two men (a homosexual couple)
are in separate reunion dinners with their family members during a Chinese
New Year Festival. The man in one photo is asked “Do you have a girlfriend?,”while the man in the other photo is asked, “Why haven’t you married a wife?”.
These questions are exceptionally familiar at the present time to most ethnic
Chinese when meeting relatives in meals to celebrate Chinese New Year.
Since being married and having offspring are significantly valued in terms of
performing filial piety to parents and family members in Confucian culture,these questions are endlessly repeated until one has fulfilled his/her family
mission. To some youth, these questions are a source of conflict during dinners. Hence, the poster captures the attention of heterosexual people (youth
in particular) as the situation resonates with their experiences.
Moreover, to homosexual couples, the poster shows the awkward situation where they can neither confess to their family members about their relationship nor be together in the same dinner. Maintaining harmony during
festivals is essential to traditional Chinese families. Revealing their relationship during dinner would make them a “common enemy” of relatives who
uphold traditional family values and subject them to criticism for breaking
family harmony. This perceived pressure within the family deters them fromcoming out of the closet. With the two characters looking straight at thecamera, the poster establishes a direct conversation with the audience as
well.
This poster astutely arranged verbal and visual languages. It not onlyinteracts with traditional Confucian values but also seeks to educate andstimulate the compassion of other (ethnic Chinese) citizens regarding theSame-sex Marriage and Taiwanese Civil Society

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dilemma of homosexual couples during the celebration of one of the mostimportant festivals in an ethnic Chinese society.

Figure 4. A poster created by the Marriage Equality Coalition Taiwan in 2017.

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H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3The two sentences written in white color in the lower portion of theposter translate to “In every Chinese New Year, (they) can only think of eachother by wearing similar clothe. (We) hope that we can join the reunion dinner together in the next Chinese New Year.”18
These promotional materials are crucial in connecting the culture of
the lgbtq+ community to mainstream society. They serve as a channel toinform the majority in the society about the needs of the lgbtq+ people
and the dilemmas encountered in their daily lives, and hence aimed at creating a culture by which lgbtq+ is not seen as something arcane or far frombeing understandable. In the promotion of their logic of appropriateness(i.e., marriage equality and protection of lgbtq+ rights), the pro-lgbtq+
bloc in Taiwan was active in adopting human rights and individual-centeredexpressions such as “Rights” and “Equality” and visual languages such as the
Rainbow flag. This choice of language contributes to the concept of familyby the same-sex marriage movement – a concept based on individual choice
and the love between two persons. The choice of language also helps to increase the visibility of the lgbt-supporting groups. Moreover, since thisculture goes contrary to Confucian traditions, Confucian values are barely
used to localize or promote their claims. Confucian and traditional elements
are often presented as either part of the background context or as ideas hostile to pro-lgbtq+ claims.
Rejecting Same-sex Marriage and LGBTQ+ Rights to Defend Confucian
Traditions
The promotion of lgbtq+ rights in Taiwan in the last decade did not happen without challenges. Like the pro-lgbtq+ bloc, the anti-lgbtq+ bloc
also adopted promotional materials to make their claims visible to the public, but using different verbal and visual languages. The anti-lgbtq+ blocin the last decade had four leading local anti-same-sex marriage organizations (established in 2013 – 2014): (1) the Coalition for the Happiness of
our Next Generation which is an advocacy group; (2) the Family Guardian
Coalition which represents religious parties; (3) the Defend Family Student
League which represents students; and (4) the Mothers Shield Alliance for
the Protection of Families and Children in Taiwan which represents women(mothers). Their ultimate goals are generally the same: oppose same-sex
marriage and/or lgbtq+-oriented inclusive education.

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Despite their common objectives, the reasons behind their stanceare different. For example, the Coalition for the Happiness of Our Next
Generation listed six reasons for opposing same-sex marriage (2013, modified on 15 November 2016):
1. Legalizing same-sex marriage will consume enormous national resources and impact the government’s efforts to boost the economy;
2. Same-sex marriage has ignited social conflicts in many countries,
and Taiwan’s hasty promotion of it is bound to trigger social conflicts and internal divisions;3. The European Court of Human Rights has not reached a verdict on
the issue, so Taiwan should not become the first guinea pig in theethnic Chinese region;
4. Same-sex marriage lacks the potential for natural reproduction,
which is not conducive to family continuation and population
growth in Taiwan;
5. The largest group affected by HIV/AIDS is men who have sex withmen, and it has become one of the top ten causes of death among
teenagers;
6. Same-sex marriage does not align with the best interests of underage children.
Though disputable, the reasons (except for point six) are relatively plausible viewed objectively from social and economic perspectives. Acutely
articulating their claims with rational language (such as cost-benefit discussion) also makes their argument less sensitive and more plausible to local citizens. The Family Guardian Coalition was more outspoken about its
stance. In response to a proposal to amend Article 972 of the Civil Code tochange the definition of marriage as between a male and a female to twoparties, the Coalition made a public statement in 2016 about three reasonsfor the objection, summarized as follows:
1. Attempts to legalize homosexual relationships are considered as
official recognition and encouragement of the state to the sexual
activities between two homosexual persons. It will, therefore, leadto misconceptions and biases among the next generation regarding
sexual behavior;
2. Sexual activities between homosexual persons will not be acceptedby the majority;

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3.

Legalization of same-sex marriage will “result in the breakdown ofhuman relationships and family hierarchies” and hence endanger
the traditional ethical structure.
Confucian language became more apparent in their statement, whichis especially reflected in point three when they used the term “human relationships (人倫)” and “family hierarchies (輩分)”. To understand how theyeducated the public about their logic of appropriateness (i.e., same-sex marriage and lgbtq+ rights should not be accepted), it is necessary to analyze
the promotional materials used.
Similar to the pro-lgbtq+ bloc, a series of massive gatherings and formal activities were launched by the anti-same-sex marriage bloc to maketheir concerns visible. Photo below (Figure 5) presents two pictures taken
and reported by news media in an anti-same-sex marriage rally held on 3
December 2016. In the first picture, people were sitting on the floor andholding a white sheet printed with the words “Marriage, Family, to be
Decided by All Citizens.” In the second picture, the words shown on the
backdrop are “To Be Decided by All Citizens, To Be Decided by Parents.”
The first sentence is about same-sex marriage, while the second sentence isabout inclusive education. Apart from the political calculation and context,19
it is not surprising that they connected the issue (same-sex marriage) to theidea of people making decisions on marriage issues. Family and family relationships lie at the core of Confucian ethics, the foundation of society. From
this perspective, the attempt to legalize same-sex marriage challenges theentire existing social institutions. Since children should follow the instructions of their parents, inclusive education is regarded as a device to disrupt
this established relationship by instilling in children a set of values different from their parents.20 The language used here is quite different from thewords and phrases that the pro-lgbtq+ bloc used in promoting their claims
to Taiwanese citizens.
Figure 5 shows the anti-same-sex marriage rally organized by The
Coalition for the Happiness of Our Next Generation that advocated‘Marriage and Family, To Be Decided by All’, asserting that “any government
effort to change the definition of marriage must go through a nationwide
referendum.”21
The Coalition for the Happiness of our Next Generation organized ananti-same-sex marriage rally on 3 December 2016 that prominently featured

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Figure 5. An anti-same-sex marriage rally held on 3 December 2016.

Figure 6. Another picture taken during the anti-same-sex marriage rally held on 3 December 2016.

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a large ball with the words “Black-Box Legislator Yu Mei-nu” on the stage(Figure 6).22
The advertisement videos, social media promotional materials, andbanners of the anti-lgbtq+ bloc use the Confucian language. In late 2016,
two advertising videos were broadcast on television in Taiwan. Both videos ask parents and families to participate in an upcoming anti-same-sex
marriage protest to be held on 3 December 2016. The videos immediately
brought controversies in society. Although the official source of the videos
was not found online, the videos were saved by citizens and uploaded on
YouTube. The narrations of the videos are translated below:
Video 1. Narrations [Translated]
One Husband and One Wife.
This is our marriage system.
“Homosexual people can marry” sounds fine, but “Husband
and Wife” will no longer exist on legal documents [after the legalization of same-sex marriage].
They can only be called as “Spouses”.
If “Husband and Wife” do not exist, neither can we call
“Father and Mother”, “Grandfather and Grandmother”, “Uncle”,“Auntie”, “Cousin (Male)”, “Cousin (Female)”.
All mess up together.
In order to allow same-sex couples to marry, “Father andMother” disappear,“Grandfather and Grandmother” vanish.
Do you agree with this sort of marriage system?
Millions of families, stand up on 1203!
The Civil Code must not be amended. Consider Alternative
Ways.
Video 2. Narrations [Translated]…(Content Missing in the Video)
This is the current form of sex education.
“Homosexual people can marry” sounds fine, but schools
have to educate our kids about what is “male having sex withmale” and “female having sex with female” since then (the legalization of same-sex marriage),
And parents cannot disagree.
Homosexual orientation can be acquired later in life.
Do you agree with this sort of education?
Millions of families, stand up on 1203!

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The Civil Code must not be amended. Alternative ways canbe considered.

Figure 7. Screenshot of the video “Back-up of the Anti-Same-Sex Marriage Advertisement ‘1203 Million
Families Stand Up on 1203’ YouTube 360p.”23

Figure 8. Screenshot of the video “1203 Million Families Stand Up on 1203.”24

Materials published by other anti-same-sex marriage organizations andindividuals carry similar messages as in these videos. For example, on 31
December 2016, the Defend Family Student League posted a material on its
Facebook page titled “Anti-Same-Sex Marriage to Save Taiwan” (see Figure9) in Taiwanese Mandarin. A slogan was put below the title that reads “Notstriving for economic development, only igniting controversies, accepting

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H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3Same-Sex Marriage Bill, the end of family.” Four consequences of the billare listed in the material: (1) Kids will lose their fathers or mothers for theirwhole life; (2) The concept of a marriage built upon “One Husband, One
Wife” will be threatened; (3) It will become illegal to protest on the street (ifsame-sex marriage is legalized); (4) Providing service to homosexual people
cannot be refused in the future. Regarding the fourth point, the texts explainthat legalization of same-sex marriage would impact on religious freedom,
freedom of conscience, and the right of parents to participate in the education of their children.
The column on the left side of the table are about the consequences of legalizing same-sex marriage. Relevant
examples are provided in the columnson the right side of the table.25
Before the presidential election was held on 11 January 2020,
a massive number of banners wasused to promote anti-same-sex marriage claims and support or attack
the politicians based on their stanceon the issue.26 One of the most frequently seen banners was made by
the Mothers Shield Alliance For theProtection of Families and Children
in Taiwan. Figure 10 is an example ofit. With a picture of a woman holding a baby, the banner starts with two
Figure 9. A digital promotional material against sentences blaming the legislators ofsame-sex marriage.
the Democratic Progressive Party forpassing the same-sex marriage bill. In
the middle of the banner, it states “We want to have grandson/daughter(s)!”and “May the incense continue, passing down through generations.” In an
ethnic Chinese society, “incense (香火)” refers to offspring. Hence, “passing
down” means continuing the family bloodline. Some banners specified thename of a legislator while some did not. Nevertheless, three more banners
are shown in Figures 11-13, which were all found from November 2019 toJanuary 2020, as examples of messages that the anti-same-sex marriage bloc
is trying to convey to the public.

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Figure 10. A banner made by the Mothers Shield Alliance for the Protection of Families and Children in
Taiwan found in a public area.

In the campaign propaganda against same-sex marriage, the slogan“End the lineage” is spreading throughout Taiwan, while pro-same-sex marriage groups are calling for votes for “lgbtq-friendly legislators.”27

Figure 11. A banner blaming the Democratic Progressive Party for promoting same-sex marriage.23

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Figure 12. A banner asking if homosexual couples can give birth to children.28

The sentences in the banner (Figure 12) state “We want to have grandson/daughter(s). We care about our incense and to pass it down to the next
generations. Men married men, women married women. Can (they) givebirth to a child? This is the bill forcefully promoted by G. I. Khu.” 29

Figure 13. A campaign banner of a Chinese Nationalistic Party candidate, Ai-Lun Meng, in an election
for Legislative Yuan members.

Same-sex Marriage and Taiwanese Civil Society241

On the left side of the banner (Figure 13), from top to down, it states“Refuse drugs, aids, and Abusive Sexual Relationships. Do not educate
students to become homosexual persons. Oppose inclusion of same-sex
relationships and desire in the curricula for elementary and junior highschools.”30
Three prominent and interconnected Confucian values can be identified
from these promotional materials created by the anti-same-sex marriage
bloc when trying to educate the public about the justification of their claims.
First, marriage is relationship between male and female, one of the mostessential foundations of human relationships according to Confucianism.
Of the five constant relationships mentioned by Mencius (孟子) Teng Wen
Gong (Part One), one is “Distinction should exist between husband and wife
(夫婦有別).” The distinction not only refers to gender differences but also
to their role – men should work while women should assist the husband ineducating their offspring. From a traditional perspective, marriage is also
not a matter between two persons but between two families.
Necessarily, the second value is the family hierarchy and social status.
“Mother”, “Father”, “Grandfather”, etc. are not mere titles or call signs but
are status-reflecting terms. In traditional Chinese family dinner held during the Chinese New Year, for example, all relatives and their partners are
required to greet each other. When the youngest member talks with otherfamily members, he/she needs to call their titles instead of their names. It
will be regarded as disrespectful if he/she calls his/her uncle “Ken” instead of“Uncle”. In contrast, the oldest member of the family is entitled to call othersby their names, titles, or nicknames. Different from English, moreover, sometitles in Mandarin Chinese carry a more precise status-reflecting meaning.
For example, although “A Bwo (阿伯)”, “Shu Shu (叔叔)”, “Da Jyou (大舅)”,and “Er Jyou (二舅)” are all translated as “Uncle”, the first two are used todescribe the brothers of the father while the latter two are used to describe
the brothers of the mother. In other words, these titles also serve as a tool
to recognize the lineage background among family members. This is thesocial system (ritual and music system) according to Confucianism – thecorresponding etiquette and behavior of every person in a clearly defined
hierarchy. Therefore, when a Taiwanese associate professor of law told publicly that he would fall into pieces if his grandson/daughter did not call him“grandfather” (ETToday, 2014), he is not the first who had that concern, norwould he be the last saying so within the anti-same-sex marriage bloc.

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Third, and most importantly, is about offspring. Despite the fact that ordinary people may not recognize the Confucian-ness of it, there is an idiomthat ethnical Chinese parents and older generations frequently talk about –“There are three ways to be unfilial; the worst is to not have offspring (不孝有三，無後為大).” It is a quote from the book Li Lou (Part One) written by
Mencius. According to the explanation provided by the Revised Mandarin
Chinese Dictionary (Ministry of Education, 2021), the three unfilial behaviors are: (1) Blindly obeying parents, witnessing their wrongdoing without
providing them advice, and causing them to fall into injustice;31 (2) Though
the family is poor and parents are old, the child is neither working to feed
his/her family nor pursuing fame; (3) Not marrying a wife and having neither descendants to continue family traditions and bloodline, nor having
someone worship the graves of the ancestors in designated dates. Whereas
the first two ideas are often forgotten, the third is particularly memorized
and reiterated by older generations in ethnic Chinese society. Having a
grandchild is also somewhat regarded as a right of the elderly parents, andis “shown off ” to other relatives in reunion dinners and festivals. From theperspective of parents in traditional Chinese families, therefore, lighting
up incense is always regarded as one of the most prioritized missions the
younger generations should accomplish.
The concept of family to the anti-same-sex marriage bloc, hence, isbuilt upon traditional languages such as “One Man and One Wife,” “Sexual
Relationship Between A Husband and A Wife”, “Offspring,” “Titles,” and“Lineage.” These Confucian values reflected in the languages used in theirpromotional materials not only empowered them with a sense of appropriateness and the justification for making their claims but also functioned as athrust to promote their logic to the general public in Taiwan. Since Taiwan
is mainly composed of ethnic Chinese, their claims should have a stronger
resonation with the cognition of ordinary people than the pro-lgbtq+ bloc
whose languages are new from the traditional culture perspective.
To summarize, the triangular dialogic relationship between the prolgbtq+ bloc, the anti-lgbtq+ bloc and the general public on the same-sex
marriage issue in Taiwan has interesting characteristics. The means used topromote their respective causes have no great differences, but they used distinct sets of verbal and visual languages in their promotional materials andpositioned Confucianism – the local traditional culture – in very dissimilar
ways. To the anti-lgbtq+ bloc, Confucianism is clearly its most robust ally

Same-sex Marriage and Taiwanese Civil Society243

to make their claims visible and tenable in Taiwanese society.32 But to the
pro-lgbtq+ bloc, Confucian language is either hidden or raised as an idea
detrimental to their cause. The pro-lgbtq+ bloc is more inclined to employ
human rights and individual-centered languages to redefine the concept offamily and love in society.
Future Challenges to the Promotion of Rights
Ever since the legalization of same-sex marriage in 2019 and the success of
the Democratic Progressive Party candidates in winning the presidency anda majority in the Legislative Yuan in the elections held in 2020, the development of lgbtq+ rights has been unprecedentedly positive in Taiwan. In civilsociety, pro-lgbtq+ organizations continue to educate the public about theexperiences, rights, and needs of their community through different activities. For example, in October 2022, they held an artistic event called the
Taiwan Queer Galart, an exhibition about the history of lgbtq+ protests
and movements in the past twenty years,33 and a “rainbow” bazaar that soldthings related to or supporting lgbtq+ community. The languages used in
the materials do not show great differences with the past materials. Formal
activities like forums or speeches are also frequently held in different cities in Taiwan. These events are not only about the presence of the lgbtq+
community but also connect to their past and work for a brighter future. In
the legal aspect, the government implemented new measures in 2023 thatallow homosexual families to adopt children and homosexual Taiwanese toregister his/her marriage with a non-Taiwanese. The protections of lgbtq+
rights, hence, are gradually expanding in the country.
In stark contrast, the anti-lgbtq+ bloc has lost its momentum. The
two largest anti-same-sex marriage organizations, the Family Guardian
Coalition and the Coalition for the Happiness of our Next Generation,
have stopped updating their Facebook account since 9 January 2020 and
14 December 2020 respectively. The latter has its own official website, yet
the last “updated news” was published on 31 March 2020. Among the fourorganizations, the Mothers Shield Alliance is the only one that continues
updating its Facebook account as of 2023. However, the materials they use
to defend their cause are rarely seen in public. Whereas the politicians ororganization leaders might have continued their work in alternative ways,
abandoning their platforms and retreating from public space indicate that

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they have somewhat given up communicating with the pro-lgbtq+ bloc
and the public. Their opinions minimally appeared in the media, have goneunderground, or were presented as individual views.34
Is this the destination where the dialogue between Confucianism andlgbtq rights stops? As discussed in the literature review, democracy isbetter realized in a society with a weakened Confucianism. Hence, are therights of sexual minorities successfully promoted in an ethnic Chinese society because of the downfall of Confucianism? Or, did the promotion of
lgbtq rights succeed because Taiwan is already a democracy?
In the case of the same-sex marriage movement in Taiwan, the pro- andanti-lgbtq+/same-sex marriage blocs positioned themselves clearly to educate the public about their way of living and what they stand for. Both blocs
made little effort to appreciate the values supported by each side. While
the past political context led to the rise of the two blocs, that context haschanged with the existence of more space for reevaluating the possibilities
of incorporating some Confucian values into the claims of the pro-lgbtq+
bloc.35 This incorporation of Confucian values can help promote sexual minorities’ rights to people other than those who already have liberal orientation and reach those who have solid faith in Confucian traditions.
However, it is also possible that some of the Confucian values are notcompatible with sexual minorities’ rights. Those Confucian values that wereconsidered not compatible with sexual minorities’ rights were ignored or
disregarded by the pro-lgbt+ bloc. At the same time, some Confucian values as seen in the 2016 video “The Innate Thought of a Father” discussed
earlier are being redefined instead of being disregarded.
It must be noted that the goal of promoting human rights is not to silence a culture. Since culture is about a way of living which involves personalized interpretations, no proponent of a particular view should beteased, mocked or bullied. Though silencing could occur as a consequenceof human rights promotion, it should never be justified as one of its goals.
Otherwise, the human rights promotion will mean education of fear among
dissidents and deviants.
Use of Cultural Products in Human Rights Promotion
Cultural products such as video clips, movies and dramas are not uniquetools for human rights promotion in Taiwan. Looking back to the past de-Same-sex Marriage and Taiwanese Civil Society

245

cade, they have been utilized as a tool and a place for promoting humanrights issues such as ethnic diversity, gender equality, and the rights ofsexual minorities in other countries (including western countries through
Hollywood in particular). In Taiwan, there are movies discussing lgbtq+
rights such as “Dear Tenant” (2020) and “Marry My Dead Body” (2023).
Noteworthily, Taiwan is not the only ethnic Chinese society where humanrights issues can be found in movies and dramas.
As of late 2023, for example, a terrestrial television channel in Hong
Kong broadcasted a love comedy called “Food Buddies”. In the first ten episodes, two sets of romantic relationships were depicted. The first set involved one female who directly mentioned her sexual orientation as pansexual, another female whose behavior in the drama looks pansexual, and a“straight” male who later learned to accept the pansexual orientation of thefemales. In episode two, the pansexual female explained to the male the concept of pansexuality and gender identity using a sauce plate as a metaphor.
She said, some people like having simple sauce while others prefer adding
condiments like garlic, green onion, or cilantro into the sauce. People choose
what they like and hence each person’s sauce plate is unique. Gender identity, therefore, is like the ingredients of a mixed sauce. The metaphor perfectly
localized the gender identity issue since making a mixed sauce is somethingthat Hongkongers would do whenever they eat Da Bin Lou (打邊爐).36 This
type of hotpot food is one of the most common meal choices for people who
would like to gather friends or family members. People create their own
sauces by selecting condiments before the meal starts. The metaphorized
language helps the public to understand one of the most important topics
in the contemporary human rights agenda. The drama, therefore, creates asimplified dialogue between gender identity and local culture, and between
sexual minority issues and the public. The drama also includes other sexualand romantic issues such as homosexuality, polyamory (having or desiring
multiple intimate relationships at the same time with the full knowledge andconsent of all parties involved37), marriage, and netorare (ntr).38
While the role and merits of cultural products in shaping and promoting culture are recognized (Cayla & Eckhardy, 2008; Maisuwong, 2012), themain question is about the extent of help the cultural products can provide
in promoting human rights in a formal way (i.e., legal way). For example, it
should not be forgotten that Japan is a pioneer and one of the most influential countries in promoting “soft power” (power based on intangible or246

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indirect influences such as culture, values, and ideology39) and has a welldeveloped entertainment industry which frequently used Boy’s Love (andGirl’s Love) as a genre of novels and anime since decades ago. And yet Japanis not a pioneer in legalizing same-sex marriage in Asia; Taiwan pioneered
it. Does it mean that in the East Asian context, what happens in entertainment stays as entertainment? Or is it a country-based problem caused byother factors? These questions deserve further attention and investigation.
Implications and Framework of Analysis
This article discusses two implications. Firstly, the choice of languages andmeans in the bottom-up promotion of a particular right depends on thecharacter of the issue involved. “3+1” questions can help in this regard.
The “3” questions refer to the following: Whether or not the humanright or human rights issue involved
1. has obtained official recognition,
2. relates to local cultural heritage, and3. requires challenging one or more existing concepts with established cultural meaning in mainstream society.
Answering these questions would facilitate understanding of how theright or issue involved is viewed in society and hence the availability of strategies for its promotion. For example, in the case of the same-sex marriage
movement, the issue did not have an official recognition (e.g., protection oflaw) and did not involve local cultural thinking.40 But its promotion must
challenge the cultural understanding of the concepts of “Family,” “Love” and“Relationship” which are deeply rooted in society. The movement had toborrow definitions from non-Chinese cultures and adopt the human rights
language to distinguish its message from the existing concepts in society
and increase its visibility.
The “+1” question helps to identify the characteristics of the promotional measures by looking into the primary purpose of the actions (i.e., adoption of the means) taken by relevant parties. The pro-lgbtq+ bloc aimed
to redefine the current logic and strive for official recognition. Hence, theyneeded to be active and direct in interacting with society.

Figure 14. An inquiry framework to understand the position (strategies) of the promotion of human rights issues in civil society.

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H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3The inquiry framework of the promotion of human rights or humanrights issues in civil society, shown in the flow chart (Figure 14), not only assists civil society actors in locating themselves and employing corresponding strategies in their context, but also provides scholars and researchers agateway to understand why one or more specific languages or means wereadopted and how they were different from other cases of promotion of human rights in different societies. (See Annex B for additional explanation of
the framework.)
However, two things regarding this framework should be noted. Firstly,
the framework is built upon the cases studied in this article. Its application
to other societies awaits further examination. A more thorough quantitative analysis of the languages used in the promotion of lgbtq+ in Taiwan
can provide additional insights on this framework, and its modification as
well. Secondly, the framework does not guarantee that the promotion ofhuman rights or human rights issues in every society will always fit any ofthe eight promotion models. Human rights promotion is a dynamic process
in which the needs and positions vary depending on the context. One ofthe determinants of this framework is that the country is presumed to be aliberal democracy in which civil society is free to discuss, support or oppose
any issue. If human rights languages are illegal in an authoritarian country,
for example, the promotion of particular rights will be forced to repress its
human rights character. If human rights are seen as foreign and illegal ideas
in an authoritarian country, for example, the promotion of particular rights
as human rights will be repressed and promotional activities will be constrained to incorporate only the existing cultural concepts. Nevertheless,the framework is suggested as a useful tool for civil society actors to determine ways to promote human rights and for scholars to study how languages and means are used according to the appreciation of human rights
issues in a society.
The second implication of this article is that theoretical compatibility
does not indicate that the culture will be used by civil society to promoteparticular rights. Although Confucian values are argued to be compatible
with human rights values, they were not adopted by the pro-lgbtq+ bloc
to promote their rights in the same-sex marriage movement. Instead, it
was more common for the anti-lgbtq+ to speak of Confucianism. Insteadof generalizing the relationship between local culture and human rights,
it seems better to work on specific human rights or issues and to portray

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the relationship using more accurate and specific situations. Additionally,neither bloc was interested in the discussion about “classic” or “neo-”
Confucianism, which is somewhat a hot topic for scholars. Therefore, rather
than focusing on the theories about or on top-down efforts in portraying
the relationship between local culture and human rights, there is a need tounderstand how people in society interpret and practice them in their daily
lives. This can provide insights for deepening human rights promotion indifferent societies and enriching academic discussion.
Conclusion
This article presents the use of languages, culture and means in the promotion of same-sex marriage rights in Taiwan in the last decade (2010s-2020s).
The pro-same-sex marriage movement employs proactive measures to educate the ordinary people about lgbtq+ issues and to contest the logic of
the anti-lgbtq+ bloc. It is forced to be selective in the languages used inorder to be distinguished in the arena of logic of appropriateness and society. Consequently, the pro-lgbtq+ bloc marginalized Confucianism – if notregard it as harmful – and its affiliated expression and chose human rightsrelated terms and expressions as the pillar in their promotional materials.
The anti-lgbtq+ bloc chose the opposite. While their means of promotion
are largely the same, their distinct sets of cultural languages can be observed
throughout most of the materials used in the last decade. Since the languages employed by the two blocs are distinctive, the cultural interactions(dialogues) were direct, intense, loud and clear.
Moreover, the case of Taiwan can be unique among ethnic Chinese societies. Compared to China, Hong Kong, and even Singapore, Taiwan has
developed more favorable institutions for human rights and democratic education. In terms of formal institutions, it has free and fair elections, the ruleof law, and legal protections on freedom of expression and other fundamental rights. Some also believe that human rights promotion in Taiwan is relatively less problematic in the sense that the Taiwanese society has alreadyaccepted Westernized ideology in education since the 1990s (Dan & Choy,2012, page 96). As for informal institutions, it has an active civil society withmany of its members having faith in democracy and general human rights
values. Most importantly, the conservative political party lost its presidency
and majority in Congress since 2012. When the conservative political party

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won the presidency in 2009, there was a regression in equality and diversity
promotion (Cheung, 2022, page 101). These conditions formed the most robust ground for free, diverse and influential dialogues on human rights andsociety and resulted in more active human rights promotion programmingin Taiwan during the last decade.
Hong Kong is supposed to be the second ethnic Chinese society where
democratic education and human rights promotion can thrive. It shares thesame conditions and a similar culture with Taiwan, with two exceptions onsovereignty and democratic institutions issues. These issues are the mostlethal obstacles to human rights promotion in Hong Kong; which has been
exacerbated since 2021. Aside from the gloomy future of political rights andthe rule of law, civil rights such as religious freedom and the rights of sexual
minorities are also in danger. Since the autocratization in Hong Kong requires the city to “Chinanize” itself, it would not be surprising if sexual minorities would be penalized and religions institutions would have to submit
themselves to the superior power of the Chinese Communist Party in the
future. The use of fear in ruling Hong Kong has turned the city into one of
the most unfavorable cities for human rights promotion in East Asia.
Therefore, although the experiences of Taiwan in the promotion of lgbtq+ can provide references for civil societies in Asian (and other) democracies, they are neither immediately nor directly replicable to other ethnic
Chinese societies since there is a great institutional difference between the
countries. Civil societies should search for their paths in human rights promotion by referencing each other and considering the framework offeredin this article. Nevertheless, it should be emphasized that a unidirectional
top-down refusal to search for the possibilities of promoting human rights
in society should not be praised. Otherwise, human rights development will
only be distorted or thwarted for private as well as governance purposes.
Acknowledgment
I would like to express my sincerest gratitude to Jeff Plantilla for hiscomments and suggestions in preparing this article.

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Annex A. Online discussion of Confucianism in Taiwan andHong Kong
The first ten results of ptt and lihkg posts discussing Confucianism
shown on Google Search when the two sets of key terms (“Confucianism” &“ptt” and “Confucianism” & “lihkg”) were searched .
Date of Publication

Title of the Post [Translated]

Theme of the Post [Summary]

30 April 2023

When did Confucianism deviate from its
original path?

When did Confucianism become a trashstressing filial piety and social hierarchy?

16 February 2016

Is Confucian culture the main obstacle tothe progress of ethnic Chinese?

Is Confucianism the reason why the West isleaving the East behind?

28 June 2014

Re: Any gossip about Confucianism
causing harm to people?

Confucian ritual religion (禮教) is not thecore idea of Confucius but is an articulationof thoughts instead. Confucianism wasturned into a tool to enslave citizens by theEmperors and the ruling authorities.

5 October 2021

What are the problems with the kindnessof Confucianism?

Confucianism stresses kindness. Why is it
confused nowadays?

5 April 2022

Re: Is Confucian culture a malignant
tumor?

Since the adoption of militarism in the Qin
dynasty, Confucianism had been transformed
into a brainwashing tool for governance. The
Chinese world (中華世界) is the parallelworld in which Nazi Germany defeated U.S.
and U.K.

30 April 2023

Re: Is Confucianism the main reason for
China’s lag behind the West?

The social hierarchy stressed by
Confucianism favors governing “garlic chives[human] farm” in ancient China.

7 August 2023

Re: Why is there no one questioning
Confucianism in Chinese history?

The author quoted criticisms from theGerman philosopher Max Weber regarding
the values of Confucianism.

1 May 2023

Re: Is Confucianism the main reason for
China’s lag behind the West?

Rather than Confucianism, rulers who use thethought to limit the thoughts of the people
are those who should be criticized.

13 February 2023

What are the drawbacks of Confucianism
in modern society?

What are the defects of Confucianism incontemporary society? Why can foreigncountries develop well without it?

22 August 2019

Is Confucianism beneficial or harmful tothe development of modern nations?

Asking for the pros and cons ofConfucianism to modernization.

Another set of Top 10 results of LIHKG posts discussing Confucianism shown on Google search
25 October 2021

Confucianism must be eliminated.
Otherwise, equality will not be achieved
even if the Chinese people founded their
new regime.

Confucianism does not promote equality
but only hierarchy. Therefore, freedom andequality will not be enjoyed even if thecommunist party is destroyed.

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22 April 2022

[Provocation] People often complain
The author argued that the subject ofabout Confucian brainwashing education
National Language in secondary educationin Chinese language and literature classes. did not brainwash students.
Did they actually pay attention in class?

2 November 2020

Is Confucian thinking still relevant?

The social hierarchy promoted by
Confucianism can encourage harmony since
everybody is regulated by the hierarchicalstructure without conflicts.

26 May 2023

What is new about New Confucianism?
Introduction to the historical perspectiveof New Confucianism, reasons for
opposing Buddhism, and concerns about
democracy and science. [“Contemporary
Issues Faced by New Confucianism andIts Development”]

Introducing Neo-Confucianism.

14 May 2020

Confucius was f _ _ king harmful topeople.

Confucianism has overly promoted social
status and hierarchy which has poisoned
Chinese for generations and led to thesituation in which Chinese people havebecome a lap dog to the Communist Partyof China.

13 June 2022

Many bookworms read a lot of books
and constantly citing literature, but theirinference is a mess.

The author criticized an article that argues
the positive relationship between patriarchy
and Confucianism.

15 April 2023

If we rewrite history, we should replace
Confucianism with Mohism.41

Praising the merits of Mohism.

24 Feb 2023

After some understanding of Buddhism/
Christianity/Taoism/ Confucianism, I foundthat Buddhism and Taoism are mostsuitable for me.

The author expressed his own opinion about
which Chinese ideology fits him/herself/.

8 November 2018

So-called Confucianism is like a drug.
Hong Kong will have no future if it is notcompletely eradicated.

The author believes that the new futureof youth can only be built on a complete
destruction of Chinese culture (Confucianism
in particular).

21 April 2022

Are there any English books that
introduce Confucianism and Taoism?

Asking for recommendations about books
introducing Confucianism and Daoism inEnglish.

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Annex B. Additional explanation of the analytical frameworkpresented in Figure 14
The first question about official recognition from the central government defines thefundamental character of a particular human right or human rights issue in a country. If thestate officially recognizes that right/issue, there should be more legal and policy-related(political) means available for the promotion of that right/issue in society. For example,
in a situation where an anti-discrimination law has been legislated, the promotion of
the equality of indigenous people can stress that “Article OO of the Anti-Discrimination
Law prohibits any discrimination acts based on indigeneity, race, or gender.” If someone
discriminates against indigenous people with malice, pro-indigenous rights groups
can employ legal means (e.g., lawsuits) to defend the rights and promote the legal
significance of the right. Civil society actors can also promote that right/issue by informal
and civil-society-based means such as protests and street banners, while incorporating
the languages (i.e., choice of words, definition, and concepts) stipulated in that law or
relevant policies to increase the credibility of their promotion materials. As for the rights/
issues without official recognition, however, promotions mainly rely on informal and civilsociety-based means with limited accesses to legal and policy measures.
The second question concerns the localness of a right/issue. Localness refers
to the local cultural properties [heritage] carried by that right/issue. For example, thediscussion of the rights of a group of indigenous people must involve the discussion of
their indigenous culture (e.g., dialects, customs, and traditions). These cultural properties
are not attached to the issue but are the backbone of it. Hence, the “localness” here ismore than just about “relatedness” – in a strict sense, it is about “innateness”; in a casual
sense, it is about “thickness”. A typical set of cultural properties includes but not limited
to spoken and written languages, collective history, traditions and customs, land, and/or
visual and acoustic symbols (e.g., ideograms and ballads). Atayal, one of the indigenous
groups in Taiwan, for instance, has its own linguistic system which writes and pronounces
words differently from Taiwanese mainstream society (Taiwanese Mandarin). They also
have traditional festivals and customs that are different from those of mainstream society
in Taiwan. The innateness/thickness of local cultural properties inherited by indigenous
peoples enriches the options of languages and means in the promotion of indigenous
rights. For example, they can write a song in Atayal about a specific history or custom of
their people and utilize the power of pop culture to spread it out, or they can educate thepublic about their traditions and rituals by celebrating their festivals regularly and publicly.
In contrast, as explained previously, the LGBTQ+ issue in Taiwan does not hold such
sort of cultural properties. Therefore, they had to rely on informal and civil society-based

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H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3means and human rights languages in the promotions made in the last decade.
The third question, which is about whether the promotion of a right/issue will
challenge an existing concept that has an established cultural meaning in mainstream
society, delineates the critical position of that right/issue in society. To put it simply, achallenge will be posted if the promotion contains a concept that is exclusive and/or has
been culturally defined. For example, the promotion of the preservation of indigenous
festivals is unlikely to overthrow the existing concept of “Festival” since it is relatively
neutral. A challenge will be posed, however, if the promotion is trying to redefine “Chinese
New Year Festival” – a culturally exclusive concept to ethnic Chinese. In the case of LGBT+
marriage rights in Taiwan, although the word “Family” is neutrally definable, the concept
of it is tightly bound to the Confucian culture in ethnic Chinese society. Consequently, thepromotion of LGBT+ marriage rights was (is) considered a challenge to the establishedconcept of “Family”. Since a successful promotion of it requires a new “family” concept,
the foremost job of civil society actors was to make their logic distinguishable from theexisting one. Without the availability of local culture, laws, and policies, human rights
languages were the most robust tool to achieve this goal.
With the three questions as the filters of a funnel, the promotion of human rights
or human rights issues will eventually fall into one of eight models with corresponding
characteristics as shown in Figure 14. They are summarized below:
Model 1(a). Without state recognition and lack of local cultural properties, yet not
challenges the mainstream meanings of existing concepts.
The promotion of human rights/human rights issue requires borrowing or referencing
a definition of relevant concepts from a foreign culture and are human rights languageoriented. Means are mainly informal and civil society-based, which are employed toeducate the public about the new concepts.
Model 1(b). Without state recognition and lack of local cultural properties, yetchallenges the mainstream meanings of existing concepts.
The promotion of human rights/human rights issue requires borrowing or referencing
a definition of relevant concepts from a foreign culture and are human rights languageoriented. Moreover, languages are selectively adopted to distinguish themselves from themainstream cultural meanings of existing concepts. Means are mainly informal and civilsociety-based, which are employed to educate the public about the differences between
their logic and the existing logic.
Model 2(a). Without state recognition, yet holds unique local cultural properties.
Promoting the concept of human rights/human rights issue equals promoting theculture of it. It is possible that heritage-based cultural languages are mingled withhuman rights languages to create new or enhance understanding, and/or increase theSame-sex Marriage and Taiwanese Civil Society

255significance of a particular right/issue. Promotions are composed of traditional, cultural,modern, and/or informal and civil society-based means.
Model 2(b). Holds local cultural properties, yet lacks state recognition andchallenges the mainstream meanings of existing concepts.
Whereas local cultural languages are used in the promotion of human rights/humanrights issue, languages are selectively used since it needs to distinguish themselves fromthe mainstream cultural meanings of existing concepts. Hence, it is more likely that thelanguages used in promotion are mingled with human rights languages. Promotions arecomposed of traditional, cultural, modern, and/or informal and civil society-based means.
Model 3(a). Lack of local cultural properties, yet state recognition has beenobtained and no or limited distinguishment is required.
The promotion of human rights/human rights issue requires borrowing or referencing
a definition of relevant concepts from a foreign culture. Promotions are also able to adopt
legal and/or policy languages to make their claims more credible. Human rights languages
are quite likely to be incorporated into promotions as well. Since the state has recognized
the right/issue, society should have been developing a value-based culture by whichcitizens should have faith in the institutions of that right/issue. Promotions are composedof modern, cultural (valued-based), formal, and/or informal means.
Model 3(b). Without local cultural properties, distinguishment is required eventhough official recognition is obtained.
The promotion of human rights/human rights issue requires borrowing or referencing
a definition of relevant concepts from a foreign culture. Promotions are also able toadopt legal and/or policy languages to make their claims more credible. Human rights
languages are very likely to be adopted. Languages are selectively adopted to make theright/issue distinguishable. Promotions are composed of modern, cultural (valued-based),
formal, and/or informal means.
Model 4(a). All-rounded promotion.
Without the need to seek state recognition or to make distinctions, the languages andmeans available for the promotion of human rights/human rights issue are all-rounded. It
is very likely that the meanings of the concepts contained in that right/issue have become
the mainstream meanings as well.
Model 4(b). All-rounded promotion with the need to be distinctive.
Without the need to seek state recognition, the languages and means available forthe promotion of human rights/human rights issue are nearly all-rounded. However, since
mainstream society still upholds meanings of certain concepts that are different fromthe meanings promoted by that right/issue, promotions are required to continue the256

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distinctions.
Last but not least, the Plus-One question helps identify the choices of languages andmeanings in promotions. Technically speaking, all acts – as long as they have audiences– are promotions. Hence, the purpose of the act will define the characteristics of thelanguages and means used in a promotion. For example, if a person would like to express
his support for the legislation of LGBT+ marriage rights, the simplest way is to write apublicly accessible post on Facebook or Instagram. As an act of expression, neither does it
seek active conversation with the public, nor it is a direct promotion of the right. The choiceof languages can be simple and lacks deliberation as well. Another example would be thefestivals of indigenous people. If they are celebrating the festivals mainly because of theirtraditions, seeking conversation with the public will be considered as a secondary or side
goal. The promotion of indigenous rights/issues is hence indirect since it mainly relies on
the media or government bodies who report their practices and increase their visibility tothe public. In contrast, in the case of needing to create a new logic of appropriateness,
like the pro-LGBT+ bloc in Taiwan as discussed, active conversations with mainstream
society are required. The promotion of rights is the primary goal of the acts since they are
all about human rights education – the education of a new logic. Therefore, the Plus-One
question helps understand what languages and means are preferable for the promotionof human rights or human rights issues, and why a particular set of languages and meansare (more likely to be) adopted in the promotion of those rights and issues in certain
contexts.
Overall, the analytical framework proposed and explained here gives insight into thestrategies of human rights promotion in different contexts. The first three questions clarify
what is included in a stationary box, while the Plus One question determines which tool
should or will be picked to carry out the act of promotion. When the context changes,
the decision-making process of how to promote a human right or human rights issue is
supposed to go through the funnel again. Consequently, the tools sit inside the stationary
box will be shuffled accordingly.

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Endnotes
1 For example, it would be unconvincing to claim that human rights and democracy do not fit with the culture in Hong Kong since the local people have been
enjoying partial freedoms since decades ago and mainstream society was urging forthem. Therefore, the violations are not because of the incompatibility between cultures but the political interests of the ruling parties.
2 In Judicial Yuan Interpretation No. 748, the Constitutional Court made thefollowing ruling:
The provisions of Chapter II on Marriage of Part IV on Family of the Civil Codedo not allow two persons of the same sex to create a permanent union of intimate
and exclusive nature for the purpose of living a common life. The said provisions, tothe extent of such failure, are in violation of the Constitution’s guarantees of both thepeople’s freedom of marriage under Article 22 and the people’s right to equality under Article 7. The authorities concerned shall amend or enact the laws as appropriate
in accordance with the ruling of this Interpretation within two years from the dateof announcement of this Interpretation. It is within the discretion of the authorities concerned to determine the formality for achieving the equal protection of thefreedom of marriage. If the authorities concerned fail to amend or enact the laws as
appropriate within the said two years, two persons of the same sex who intend tocreate the said permanent union shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration, by submitting
a written document signed by two or more witnesses in accordance with the said
Marriage Chapter.
No. 748 [Same-Sex Marriage Case], Judicial Yuan Interpretation No. 748,
Constitutional Court, 24 May 2017, https://cons.judicial.gov.tw/en/docdata.
aspx?fid=100&id=310929.
3 The New Culture Movement initiated in the 1910s and 1920s – after the fallof the Qing dynasty – was one of the most potent events in the modernization ofChina. The Movement criticized traditional Chinese culture and advocated embracing Westernized ideals such as science and democracy. It was led by outstanding scholars such as Lu Xun and Hu Shih whose literature and theories still exert
influence nowadays. Among the leaders, Liang Qichao is one of those who held astrong opposition to Religious Confucianism. Although he agrees with the meritsof Confucianism as a moral philosophy, he believes that the long-existing despotism
in China had created a traditional morality of servility, and hence the correction of
it not only requires criticism but also the need to implement the rule of law and democracy (Chao, 2000, pages 74-75). See also Lai (2015).
4 The claims made by particular governments in protecting themselves fromthe implementation of human rights protections are not included in this section.
Compared to scholars, it is more often to see authoritarian countries, such as theexamples mentioned in the first section of this article, using Confucianism or traditional values to justify their violations of human rights.
5 See the following articles for further discussions: Dallmayr, F. (2017). “Asianvalues” and global human rights. In Theories of Rights (pages 393-409). Routledge; He,
B. (2017). “Persistent conflicts between Confucianism and democracy”; Wei-ming, T.

258

H U M A N R I G H T S E D U C AT I O N I N A S I A - PA C I F I C · V O L U M E 1 3 , 2 0 2 3(2012). “A Confucian perspective on human rights,” in Confucianism, Chinese history
and society (pp. 1-22).
6 She is a politician affiliated with the Social Democratic Party since 2015 andan activist in promoting the rights of lgbt in Taiwan.
7 It is an organization promoting gender inequality and a diverse and inclusive
Taiwan. Its predecessor is the Marriage Equality Coalition formed by five women’s
rights and lgbtq+ rights organizations (Taiwan Equality Campaign, n.d.).
8 The forum was created by the Thinking Taiwan Foundation.
9 “[Video] Support Same-Sex Marriage, Oppose Special Legislation! Tens ofThousands Gather at the Legislative Yuan”, CTS, November 28, 2016, https://news.
cts.com.tw/cts/politics/201611/201611281825096.html.
10 “The deadline for legalizing same-sex marriage on May 24th is approaching. Lgbt advocacy groups will station themselves at the legislative Yuan next
week,”
Liberty Times Net, May 11, 2019, https://news.ltn.com.tw/news/life/
breakingnews/2787285.
11 The full version of the song can be found on the website of the Taiwan Allianceto Promote Civil Partnership Rights: https://tapcpr.org/tapcpr-news/about-tapcpr.
12 This song is available on YouTube (La Marseillaise, French National Anthem(Fr/En), www.youtube.com/watch?v=4K1q9Ntcr5g).
13 This song is available on YouTube (Glory to Hong Kong, First version, with
ENG subs), www.youtube.com/watch?v=y7yRDOLCy4Y).
14 Although the Anti-Extradition Bill Movement ceased in Hong Kong inaround 2021, the diasporic community of HongKongers has continued to hold activities in different countries around the world.
15 She was born in Singapore and is now living in Taiwan.
16 This song is available on YouTube (We Are One Feat. Tanya X aMei X Sandy
X Naying X Rainie X Elva X Alin X S, www.youtube.com/watch?v=UiFgnS1eJRM&p
p=ygUUd2UgYXJlIG9uZSDolKHlgaXpm4U%3D).
17 Thisvideo
isavailableon
YouTube,www.youtube.com/
watch?v=FC_F0UKu1kQ&t=1s.
18 From the Facebook of Taiwan Equality Campaign, 25 January 2017, www.
facebook.com/equallovetw/photos/a.201735676949226/236632286792898/?type=3.
19 Although they were proposing a referendum to decide the future of samesex marriage, it was not formally proposed, accepted, and held in 2018.
20 According to traditional logic, children should follow parental instructions.
If inclusive education is implemented, their kids may uphold different sets of values that challenge their parents. As a result, harmony in family relationships will beendangered.
21 R. Y. Yen, The Storm Media, 3 December 2016, www.storm.mg/
article/197345?page=1.
22 Yen, ibid.
23 Generally speaking, the Democratic Progressive Party (dpp) tends to support same-sex marriage and lgbtq+ rights while the China Nationalist Party (kmt)
tends to be against them. When an article related to the right of same-sex couples toregister their marriage was voted in the Legislative Yuan, for example, more than 50
legislators of those who voted for Yes were from the ddp (with one voted for No andSame-sex Marriage and Taiwanese Civil Society

259

twelve either abstained or did not participate in the meeting) (MainStream News,2019). In contrast, only seven legislators from the KMT voted for Yes, and 23 voted
for No.
24 Coalition for the Happiness of our Next Generation, 2 December 2016, Eve
Chen YouTube Channel. www.youtube.com/watch?v=P4KWS8tN2zE.
25 “Anti-Same-Sex Marriage to Save Taiwan”, Defend Family Student League,
31 December 2016, www.facebook.com/photo/?fbid=699276583580641&set=
pb.100064513969795.-2207520000.
26 Generally speaking, the Democratic Progressive Party (dpp) tends to support same-sex marriage and lgbtq+ rights while the China Nationalist Party (kmt)
tends to be against them. When an article related to the right of same-sex couples toregister their marriage was voted in the Legislative Yuan, for example, more than 50
legislators of those who voted for Yes were from the dpp (with one voted for No andtwelve either abstained or did not participate in the meeting) (MainStream News,2019). In contrast, only seven legislators from the KMT voted for Yes, and 23 voted
for No.
27 K. F. Lee, The News Lens, 7 January 2020, www.thenewslens.com/
article/129736/page4.
28 “Against same-sex marriage of the Democratic Progressive Party, exterminating descendants,” Y. S. Liao, Facebook, 30 November 2019, www.facebook.com/
photo/?fbid=1310925539079308&set=pcb.1310932819078580.
29 “[A banner asking if homosexual couples can give birth to child],” Y. C. Lin,
Facebook, 27 December 2019, www.facebook.com/photo/?fbid=10221084854567983&set=a.10220996286953848.
30 “[A campaign banner of a Chinese Nationalistic Party candidate]”, Facebookof Y. C. Lin, 19, December 2019, https://www.facebook.com/photo/?fbid=102210008
58268128&set=a.10220996286953848.
31 This is another example of literature indicating that traditional Confucianism
does not promote absolute obedience or absolute hierarchy which are always used
to argue the incompatibility between Confucianism and human rights (and democracy). According to this traditional thought, children who obey their parents blindly
are blamed as unfilial for their foolish behavior.
32 In the battle of culture (i.e., fighting for the majority’s support to their logic
of appropriateness and against same-sex marriage), additionally, the anti-same-sex
marriage groups had been twisting their use of language in a strategic way. Figure
13 is an example, in which they linked inclusive education to the “education of ahomosexual child”. Another example is the request made by the Coalition for theHappiness of Our Next Generation (Xie, 2018). They asked the media to call them “
愛家團體 (a group that loves home)”, instead of “反同團體 (anti-homosexual group)”
which has been used for a while. By changing the name, it presents an image indicating that people who share the same stance with the Coalition are those who lovehome (or family), while those who do not (i.e., pro-lgbtq+ individuals and organizations) are not. Despite their potentially discriminative nature and stigmatization
character, such strategies are sometimes quite effective in making their culture more
appropriate than others to the swing citizens who have a stronger attachment totraditional values.

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33 The title of the exhibition is “Walk with Pride”. See www.songshanculturalpark.org/exhibition/activity/8168ad8d-f113-4033-af27-c70d3855f5ea (in Mandarin
Chinese).
34 In the pro-lgbtq+ protest held on 30 October 2022, a Taiwanese was standing alone and holding a board with the text “I am normal. Oppose same-sex marriage” (Liberty Times Net, 2022). Two males were standing right beside him and one
was kissing the other.
35 During the same-sex marriage movement, both blocs had to gain supporters
by presenting their ideologies in an outspoken way. Any attempts to use the values
or languages of the opposition were not preferable in that those elements would
confuse their supporters.
36 According to the romanization system established by the Linguistic Societyof Hong Kong, the formal romanization of the Hongkongese words “打邊爐” is “Da2
Bin1 Lou4.”
37 Polyamory, Britannica, www.britannica.com/topic/polyamory.
38 Netorare (寝取られ), a Japanese word meaning cuckold, has been used todescribe cases of adultery.
39 Glen S. Fukushima, Japan’s “Soft Power,”Japan Foreign Trade Council, www.
jftc.jp/monthly/archives/001/201802/9480ee77341ac62987618120e86cd807.pdf.
40 Arguably, the pro-same-sex marriage group has two cultural properties.
First, the value (i.e., the right to same-sex marriage is needed and should be protected) shared among the pro-lgbtq+ bloc members. Second, the collective memories
of being not officially recognized or discriminated against in the country. However,
the history is short, and the cultural thickness is still weak.
41 Mohism is one of the Chinese philosophies proposed during the period of
the Hundred Schools of Thought in the Zhou dynasty. It is famous for suggesting
equality and universal love – indiscriminate caring – between individuals, and also
in opposing invasion. Yet due to the influences of modern culture (e.g., the movie “A
Battle of Wits”), the image of being good at military tactics (especially in defending acity) may be more prevailing indeed. See Fraser (2002) and Robins (2012).

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