Actions constituting discrimination (Article 1)
Action
Result
• Indirect
discrimination:
Seemingly neutral or
identical treatment,
which may not be
equal (determined by
the actual result of the
action)
structures,
historical
patterns,
and
power
relations between genders
may exacerbate inequalities
Exceptions (actions not
constituting
discrimination) (Article
4)
[Source of information]: Prepared by NHRC.
c. Preventing discrimination or harm to women by third parties;
inadequate protection
The Department of Gender Equality, Executive Yuan noted that since
2014, there have been cases addressing regulations such as the Police
Uniforms Act, the attached instructions of the Firefighting Uniforms Code,
the Customs Service Personnel Uniform Management Guidelines, and the
uniform regulations of the National Immigration Agency, Ministry of the
Interior. These cases involved female employees being required to wear
skirts as part of their uniform. Upon review, the special review committee
determined that these regulations violated Article 5, Subparagraph (a) of
CEDAW; said regulations were thus amended. All schools under the
Ministry of Education must obtain their committees’ approval regarding
their uniform choices; this ensures that female students are not required to
wear skirts. However, previous reviews of uniform regulations conducted
by the Department of Gender Equality, Executive Yuan have only
examined the public sector and schools, and not the private sector and
businesses. In January 2024, letters were sent to government ministries and
agencies urging them to request the institutions under their jurisdiction to
self-assess their attire regulations to eliminate gender stereotypes.
Nevertheless, the ministries and agencies have failed to do their own selfassessments as per CEDAW’s definition of gender discrimination, let alone
oversee their subordinate institutions’ self-assessments.
Paragraphs 16 and 20 of General Comment No. 16 of the CESCR
states that “States parties have an obligation to monitor and regulate the
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