or developing institutional structures that directly or indirectly
result in the denial of the equal enjoyment by women of their civil,
political, economic, social and cultural rights.
b) The obligation to protect requires that states parties protect women
from discrimination by private actors and take steps aimed at
eliminating prejudices, stereotypes and customs that perpetuate
gender discrimination.
c) The obligation to fulfill requires that states parties take a wide
variety of steps to ensure that women and men enjoy equal rights
both de jure and de facto, including the adoption of temporary
special measures as stipulated in Article 4 of CEDAW and
General Recommendation No. 25.
d) The obligation to promote stipulates that state parties should, in
addition to fulfilling the first three obligations
in accordance with Paragraph 37 of General Recommendation No.
28, broadly strengthen their knowledge of and support for their
other obligations under the convention.
Article 10, Paragraph 6 of the Additional Articles of the Constitution
of the Republic of China clearly stipulates that “The State shall protect the
dignity of women, safeguard their personal safety, eliminate sexual
discrimination, and further substantive gender equality.” Article 3 of the
Enforcement Act of Convention on the Elimination of All Forms of
Discrimination against Women explains the hierarchy of the convention
relative to domestic regulations and measures: “All rules, regulations,
ordinances and administrative measures applicable to the Convention shall
refer to the intention of the Convention, and any and all interpretations and
explanations provided by the Committee on the Elimination of All Forms
of Discrimination against Women of the United Nations.” Article 4 of the
enforcement act defines the government’s negative and positive duties:
“Upon exercising its authority, all government units shall do so in
accordance with all rules and regulations regarding protection to genders
and human rights specified in the Convention, eliminate gender
discrimination, and actively promote the realization of gender equality.”
Article 34, Paragraph 1 of the Gender Equality in Employment Act
stipulates that “When an employee or job applicant discovers that the
74