作者 ｜
陳宜倩(世新大學性別研究所)
摘要 ｜
本文採比較法學及女性主義法學視角，藉對台灣女性軍人之訪談，搜尋並定性本國與他國相較之下最迫切的軍事性別議題。次在美國、德國及台灣各自社會脈絡下，從三國關於女性從軍實際案例之法律論述出發，以微觀方式初探女性從軍議題在各國性別平等論述之再現。文末提議一方面在方法上能夠理解各國現存之性別議題與論述，提問是否有發展全球女性主義理論之可能；一方面整理台灣在地性別平等論述之演繹，以促進軍事體系之性別平等實踐。台灣女軍人在入學之際即遭遇不同的入學錄取名額限制與評價標準，然而越來越多的個別女性報考投效軍旅，加上女性主義團體之性別平等倡議，究竟何者為女性成功進入軍校軍隊且確保有平等機會與滿意職業生涯的關鍵要件？首要突破乃為招生招募之性別限額、軍事教育的性別差別待遇、就業之性別區隔、職業與家庭責任之兼顧。男女有別、性別隔離乃為長期孕育「女性為次等公民」劣勢的「自然」土壤。我們需揭示女性在公領域曾經且持續遭受歧視，且由於在私領域男女高度融合，非如其他分散又隔絕之政治少數，歧視反而更加細緻、幽微，法律的正式挑戰可作為一種方法，來創造協商與改變空間，但更重要是提高偵測並解構性別迷思之社會文化條件，營造更大規模的公共討論平台。
關鍵字 ｜
女性主義法學、性別平等、性別勞動區隔、女性軍人、男子
Title ｜
The Politics of Gender Equality in the Military: A Comparative Legal and Cultural Analysis
Author ｜
Yi-Chien Chen (Graduate Institute for Gender Studies, Shih Hsin University)
Abstract ｜
This research employs multiple standpoints including comparative law, feminist jurisprudence and gender study, and conducts interviews with women soldiers to navigate and locate urgent issues on gender and the military in Taiwan. In this article, I conduct a comparative law and public policy analysis in three different jurisdictions including the US, Germany and Taiwan. This project suggests, on the one hand, a methodological inquiry into the possibility of a global feminism to understand and to contextualize each country’s unique set of issues; on the other hand, addresses gender equality within cultural and legal discourse concerning women soldiers. As prevalent today, women in the military in Taiwan were selected separately from men using a different set of criteria, and women are mostly limited to administrative work along the gender divide. The military school system currently admits only a certain quota of female students. However, this practice has been challenged both by individual women who want to cross the gender divide, and by feminists who advocate for gender equality as a national agenda. What could then be the key factors to integrate female soldiers successfully and ensure they have equal opportunities to engage in all levels and gain no less satisfaction? Firstly, we need to challenge the female quota on gaining entrance to military schools, the sex-based treatment in military education and on job assignments, and also tackle the dilemma of work and family. The pervasiveness of gender divide in all aspects of social life hinders women’s efforts to achieve their full potential in military. We must reveal the continuous, long-existing gender discrimination against women in the public sphere since the private lives of men and women are highly integrated. Thus, gender discrimination against women is most difficult to identify, sometimes too subtle to tell. To launch a legal challenge can be one of the ways to negotiate and gain more power to fight against gender discrimination, at the very least, to facilitate a change in culture and education so as to alter people’s behavior and to create a public platform for dialogues and debates.
Keywords ｜
feminist jurisprudence, sex/gender equality, gender divisions of labor, women soldiers, masculinity