The solution is that the government must ensure that all workplaces are
non-discriminatory and enhance both employers’ and employees’
awareness of human rights and gender equality so that the substantive
equality guaranteed by CEDAW can be achieved.
3.
The government has failed to take immediate and
appropriate measures to prevent female cabin crew from
being subjected to third-party discrimination and to
actively promote gender equality.
From the information provided by various government entities and
during interviews and consultations, the NHRC found that these
government entities failed to reference the definitions provided in CEDAW
when reviewing gender discrimination cases, focused on soft measures
such as advocacy, left complainants unable to apply for relief through labor
unions, or lacked the knowledge to prevent occupational safety risks. The
issue of insufficient prevention, protection, and relief mechanisms makes
it difficult to eliminate individual or collective discrimination against
women in the private sector. As a result, female cabin crew are unable to
equally enjoy the employment rights and healthy and safe working
conditions guaranteed by Article 11 of CEDAW in their work.
Paragraph 10 of General Recommendation No. 28 of CEDAW and
Paragraph 42 of General Comment No. 16 of the CESCR advise that
countries are obliged to avoid engaging in acts of negligence or omission
that result in discrimination against women.
It has been more than 20 years since the Gender Equality in
Employment Act was implemented, and more than 10 years since the
Enforcement Act of the Convention on the Elimination of All Forms of
Discrimination against Women came into effect. However, industries such
as the civil aviation sector continue to enforce differing dress codes for
male and female employees that only exist because of gender stereotypes.
There have been a number of complaints or lawsuits arising from disputes
over dress codes in workplaces. Nevertheless, the government has not yet
provided guiding principles for businesses to formulate dress codes that
increase employers and employees’ awareness and understanding of
89