are not allowed to have facial hair.
The aforementioned findings are supported by interviews,
correspondence, and airline documents containing cabin crew dress codes.
a. Discrimination as defined by CEDAW: distinctions, exclusions,
or restrictions made on the basis of gender
According to Article 1 of CEDAW, “the term ‘discrimination against
women’ shall mean any distinction, exclusion or restriction made on the
basis of sex which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women, irrespective of their marital
status, on a basis of equality of men and women, of human rights and
fundamental freedoms in the political, economic, social, cultural, civil or
any other field.”
General Recommendation No. 28 of CEDAW further clarifies in
Paragraph 5: “The application of the Convention to gender-based
discrimination is made clear by the definition of discrimination contained
in article 1. This definition points out that any distinction, exclusion or
restriction which has the effect or purpose of impairing or nullifying the
recognition, enjoyment or exercise by women of human rights and
fundamental freedoms is discrimination, even where discrimination was
not intended. This would mean that identical or neutral treatment of women
and men might constitute discrimination against women if such treatment
resulted in or had the effect of women being denied the exercise of a right
because there was no recognition of the pre-existing gender-based
disadvantage and inequality that women face.”
Article 4 of CEDAW stipulates two instances of differential treatment
that do not constitute discrimination: “1. Adoption…of temporary special
measures aimed at accelerating de facto equality between men and women
shall not be considered discrimination” and “2. Adoption…of special
measures…aimed at protecting maternity shall not be considered
discriminatory.” The first of these, “Adoption…of temporary special
measures aimed at accelerating de facto equality between men and women,”
is only for temporary measures; similar provisions exist in other human
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