Law, especially from the international human rights regime, is a direct reference on which minority groups rely when it comes to 'non-discrimination'. Drawing upon LGBT rights in Taiwan, as well as Hong Kong and Singapore, this paperthrough an application of K.H. Chen's (2010) Asia as method -critically reviews how global LGBT politics interact with local societies influenced by Confucianism. Along a perpetual competition between the universalism and cultural relativism of human rights, this paper not only identifies the pitfalls of 'Asian values' from a cosmopolitan perspective but also contributes to a queered approach to human rights-holders against homonationalism.Keywords: Asia as method, Asian values, cultural relativism, human rights,LGBT rights, universality
IntroductionExploring possible interpretations of human rights is often undertaken to counter power relations between people and government as well as the marginalised and society. In particular, in terms of equality and non-discrimination, international human rights legal norms are the most salient and direct reference on which opponents of LGBT rights rely. Law presents itself as an institution and dominates social life, which is 'created, interpreted, and enforced in certain socially established ways, through the use of recognised procedures and agencies'. There are many ways in which to study LGBT rights from the perspective of the relationship between law and society, and this includes the relevant social movement and legal reform as well as the paradox between identity politics and queer activism.The perceptions of sexuality and eroticism have been challenged a lot by multiculturalism in Asia in postmodern times, 8 and people are required to recognise heterogeneity rather than a universalistic interpretation of social reality. 9 This paper applies first, in terms of methodology, a postcolonial approach, Asia as method 10 toTaiwan, as a Westernised-Confucian society, and considers it more useful to picture the