Recently, the Ministry of National Defense, jointly with the Ministry of the Interior, announced draft amendments to the Physique Classification Standards of Military Service. Under the proposed amendments, Items 109 and 189 would reclassify intersex persons and transgender persons from the “Exempted from Military Service” category to the “Substitute Service” category, a change that may have significant implications for their fundamental rights. In response, the National Human Rights Commission (NHRC), acting pursuant to the authority granted under Article 2, Paragraph 5 of its Organic Act, reviewed the proposed amendments in light of international human rights standards, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social and Cultural Rights. Following a resolution adopted at the 73rd meeting of the 1st Commission on January 14, 2026, the NHRC submitted an opinion paper to the competent authorities, including the Ministry of National Defense and the Ministry of the Interior, calling for the suspension of the policy to include intersex and transgender persons in Substitute Service.
The NHRC notes that, amid higher exemption rates and rising international security risks, the Ministry of National Defense and the Ministry of the Interior have restructured manpower planning for military and Substitute Service to address legitimate national policy needs. However, relevant reports from the Control Yuan and the Executive Yuan indicate that intersex persons and transgender women previously classified as Exempted from Military Service based on physical examinations account for only 0.0005% and 0.045%, respectively, and do not constitute a primary factor in Taiwan’s elevated exemption rate. If the competent authorities were to rashly include these groups in Substitute Service while giving no due consideration to relevant factors, the risk of harming their human dignity and personal safety would increase. The current conscription examination and classification process, basic training, and assignment within the Substitute Service system, all lack gender inclusive safeguards and supporting measures to prevent or mitigate the risk of human rights violations. The means employed would be manifestly disproportionate to the stated policy objectives and would fail to meet the requirements of the principles of legal clarity and proportionality.
The NHRC therefore recommends that the Ministry of National Defense and the Ministry of the Interior carefully re-evaluate the appropriateness of including intersex and transgender persons in Substitute Service. They should also take all necessary measures to improve and establish gender-inclusive military systems and environments in order to ensure that persons of diverse genders, sexual orientations, gender identities, and gender expressions—whether serving by obligation or on a voluntary basis—are afforded full understanding and respect, and are protected from all forms of discrimination, harassment, bullying, and violence.