1063 released in 2021.
b) In 2007, the Legislative Yuan passed a resolution approving
Taiwan’s application to join the United Nations CEDAW.
Although the process of depositing it with the Secretary-General
of the United Nations had not yet been completed, Taiwan
nonetheless passed the Enforcement Act of the Convention on the
Elimination of All Forms of Discrimination against Women in
2011, giving CEDAW legal effect. Article 2 of the Enforcement
Act of the Convention on the Elimination of All Forms of
Discrimination against Women clearly states that “the provisions
of the Convention that protect gender human rights and promote
gender equality have the force of domestic law.”
c) Article 7 of the Gender Equality in Employment Act states:
“Employers shall not discriminate against applicants or employees
because of their gender or sexual orientation in the course of
recruitment, screening test, hiring, placement, assignment,
evaluation and promotion…” This clearly stipulates that
employers may not discriminate against individuals on the basis
of their gender during recruitment and employment, ensuring that
applicants or employees have equal employment opportunities.
Although the aforementioned text mentions only “recruitment,
screening test, hiring, placement, assignment, evaluation, and
promotion,” it is immediately followed by the term “etc.,”
indicating that similar scenarios are included. This wording allows
a broader interpretation of the provision, 38 making it illustrative
in nature. 39 This article thus gives several examples of such
38
In contrast, Article 11, Paragraph 1 of the same act states: “Employers shall not
discriminate against employees because of their gender or sexual orientation in the
case of retirement, discharge, severance and termination.” This article explicitly
lists four situations of leaving the workplace (i.e., retirement, discharge, severance,
and termination) without generalization (i.e., the use of “etc.”).
39
Professor Zheng Yupo stated that “Generally, when a law lists one or several items
and then follows them with the word ‘etc.,’ unless there is a special reason for a
50