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.
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