Regarding whether the government has fulfilled its state obligation as
regulated by CEDAW and other International Human Rights Treaties, it is
crucial to first determine whether the government has adopted the
appropriate legislation and other necessary measures to achieve the
elimination of any direct or indirect public or private discrimination against
women, change gender stereotypes and prejudice, and prevent
discrimination against or harm to women by third parties.
The complainant, the Taoyuan Flight Attendants Union, which
consists of 13 cabin crew, filed a complaint with the Taoyuan City
Government against EVA Air’s regulations on uniforms, appearance, and
self-purchased shoe allowances, alleging gender-based differential
treatment in terms of dress and shoe requirements, makeup requirements,
and the amount of the self-purchased shoe allowance given. The Taoyuan
City Government Gender Equality Committee ruled the complaint
unfounded; the decision was seconded by the Ministry of Labor’s Gender
Equality Committee. Their reasons for why the airlines’ actions do not
constitute gender discrimination are detailed in each approval letter, which
differs from the NHRC’s dress code analysis and conclusions based on
CEDAW’s definition of discrimination.
Additionally, concerning the inadequacies in the regulations, the
complainant stated that the current Gender Equality in Employment Act
does not cover or apply to collective gender discrimination or inequality
complaints, and that the competent authorities do not accept complaints
filed by unions on behalf of victims.
a. CEDAW’s state obligation includes the duty to respect, protect,
fulfill, and promote
Article 1 of CEDAW clearly defines what constitutes discrimination
against women (distinctions, exclusions, or restrictions made based on
gender that impede or deny women the equal enjoyment of rights and
freedom). Article 4 of the convention explains that two types of differential
72