CEDAW. Consequently, the dress codes for these personnel were amended
in accordance with the Enforcement Act of the Convention on the
Elimination of All Forms of Discrimination against Women and the
resolutions made during the meeting, and trousers were introduced as a
uniform option for policewomen and female firefighters. 54
e. Conclusion
In summary, the dress codes of the Taiwanese airlines violated
CEDAW and the Gender Equality in Employment Act, constituting gender
discrimination. According to CEDAW, distinctions, exclusions, or
restrictions made on the basis of gender are considered differential
treatment regardless of whether they are intentional or employers have
discriminatory intent. Discrimination can be direct or indirect (i.e., merely
by being detrimental to women), and includes outcomes that are relatively
disadvantageous to women or that reinforce gender stereotypes. All of
these constitute gender discrimination.
In both the domestic and international dress code cases, it is notable
that sexualized or gender-specific uniform regulations often led to the
exclusion of women and those with differing gender identities from the
labor market or placed them at a disadvantage.
In the case addressed here, the Taiwanese airlines’ differing dress
codes for male and female cabin crew constitute differential treatment.
Such differential treatment is not permissible under Article 4 of CEDAW,
which only applies to temporary special measures aimed at accelerating de
facto equality between men and women (affirmative action), and it
adversely affects female cabin crew, constituting adverse differential
treatment as specified in Articles 7 and 9 of the Gender Equality in
Employment Act. No exceptions justifying such gender discrimination
were presented by the airlines as a defense, confirming these acts as
constituting gender discrimination.
2)
54
Health and safety risks associated with female cabin crew’s
Minutes of the Executive Yuan’s 19th CEDAW Regulatory Review Task Force
Meeting on July 17, 2014.
63