Female cabin crew comprise over 79%, and in some cases more than
95% of the workforce in Taiwanese airlines. Thus, the prohibition against
female cabin crew wearing trousers, combined with detailed requirements
regarding makeup and hair appearance significantly reinforce and
perpetuate gender stereotypes in society in this gender-segregated
occupation.
2.
Gender-specific dress codes can lead to the exclusion of
women and individuals with different gender identities
from the labor market, or result in disadvantages within
the labor market.
Gender equality is a basic right guaranteed by the Universal
Declaration of Human Rights, CEDAW, other international human rights
laws, as well as the Constitution of the Republic of China (Taiwan). Gender
equality must be observed in both the public and private sectors (including
workplaces).
With reference to Article 2, Article 5, and General Recommendation
No. 28 of CEDAW, CEDAW particularly emphasizes that states should
work to end traditional customs and social culture that reinforce the
superiority of men, discriminate against women, or assign stereotypical
roles and tasks to men and women based on gender. Such prejudices or
stereotypes have long been the root cause of discrimination against women,
making it difficult for women to know, enjoy, or exercise their rights and
freedom equally.
During the investigation of this case, the NHRC has frequently
encountered critical comments aimed at cabin crew, such as: “They (the
female cabin crew) were the ones applying for these jobs and should thus
abide by their companies’ regulations. If they do not wish to abide by the
regulations, then they should apply for other jobs;” or “This is not the only
industry that requires female employees to wear skirts; how can you call
this gender discrimination?”
Taiwan’s Gender Equality in Employment Act was enacted to address
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