gender discrimination and gender equality in the workplace. In summary, after investigating this case, the NHRC has concluded that the government has not completely fulfilled its obligations under Articles 2, 3, 5, and 11 of CEDAW, which include taking steps to preventand prohibit third parties from violating CEDAW, enforcing penalties for such violations, addressing gender stereotypes in society, and, in this instance, actively supporting female cabin crew in realizing their rights. 4. The NHRC recommends that the government refer to the provisions of CEDAW when applying the Gender Equality in Employment Act. Article 2 of the Enforcement Act of Convention on the Elimination of All Forms of Discrimination against Women stipulates that “all terms and conditions specified in the Convention regarding protection of human rights of different genders and promotion of sexual equality shall have the same effect as domestic laws.” Article 3 of the same Act also stipulates that “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.” Based on the above, the NHRC recommends that the government refer to Articles 1, 4, and 5 of CEDAW and the explanations provided by the CEDAW Committee when determining whether a case of discrimination or gender discrimination can be built (or not) under the Gender Equality in Employment Act and its Enforcement Rules. When handling complaints filed under the Gender Equality in Employment Act and determining whether they constitute gender discrimination cases, the government should strictly demand that employers provide evidence of “bona fide occupational qualifications” to prevent the complainants from suffering disadvantages, thereby carrying out the nation’s obligations to protect complainants. 90

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