Lgbtiq Inclusion and Human Rights in Taiwan: A Capability Approach to Understanding Rights, Freedoms, and Lived Experience

Background and Purpose

Inclusion is a complex, multidimensional concept. The Capability Approach to inclusion foregrounds a relational focus centered on the actual capability of persons to achieve lives they value rather than solely having a right or freedom to do so. To understand experiences of LGBTQ+ inclusion in Taiwan, the first country in Asia to legalize same-sex marriage, we examined how diverse LGBTQ+ individuals perceive and experience inclusion and exclusion, with a focus on family, economic-wellbeing, and political and civic participation.

Methods

From November 2024 to March 2025, a purposive sample of LGBTQ+ individuals was recruited from two LGBTQ+ community-based organizations across three metropolitan areas in Taiwan. Co-facilitators were trained MSW students. Each focus group lasted for 2 to 2.5 hours with open-ended discussion topics related to participants’ experiences of inclusion across multiple sectors. Audio recordings were transcribed verbatim in Chinese, analyzed using thematic analysis, with themes and quotations translated into English.

Results

Nine focus groups (n = 63) segmented by gender identity/sexual orientation were conducted in Taipei, Taichung, and Kaohsiung. Among participants, 22 self-identified as cisgender gay/bisexual men, 22 as cisgender lesbian/bisexual women, and 19 as transgender individuals. Participants’ mean age was 33 years-old; 87% had an undergraduate degree or higher; 60% were employed full-time. In the Education domain, participants described pervasive challenges not only in bullying victimization but in accessing information related to LGBTQ+ issues at school. In the Economic domain, lesbian and transgender individuals reported gender discrimination in the job-seeking process, negatively impacting their career development and salary prospects; some cisgender lesbian women shared positive experiences of support in specific work environments that valued their work ethic. Participants described how acceptance from their family members affects their life choices. While the legalization of same-sex marriage has had positive effects, many families still struggle to accept LGBTQ+ individuals due to cultural and traditional beliefs, with some reporting that if their families cannot accept same-sex marriage they cannot get married. In the Personal security and violence domain, participants commonly experienced societal pressure and insecurity, especially when expressing their identities in public spaces, where they may face violence or discrimination, and online bullying and hate speech that intensify the psychological burden and sense of insecurity for LGBTQ+ individuals.

Conclusion and Implications:

Our findings provide evidence for understanding the diversity of experiences within LGBTQ+ communities in Taiwan, particularly by gender and gender identity. They also highlight how legal and policy advances in LGBTQ+ rights may incur additional pressures through varied experiences of familial acceptance and hostility, which create barriers to exercising newly granted rights to legal marriage. Future research should explore intersectional differences among LGBTQ+ individuals, as well as gaps between legal and policy advances and lived experiences, to develop targeted, community-informed policies and programs to support progress in LGBTQ+ inclusion and rights.