treatment are not considered discrimination (i.e., temporary special
measures aimed at accelerating de facto equality between men and women,
and special measures aimed at protecting maternity). Article 2 of the
convention requires state parties to pursue by all appropriate means and
without delay a policy of eliminating discrimination against women.
Article 3 of the convention requires state parties to proactively take
measures to ensure the full development and advancement of women in all
fields, so that they may enjoy human rights and fundamental freedoms on
an equal basis with men. Article 5 of the convention emphasizes that state
parties must eliminate social and cultural gender stereotypes and structural
discrimination.
Taiwan has made CEDAW legally binding domestically through the
Enforcement Act of the Convention on the Elimination of All Forms of
Discrimination against Women (Article 2), meaning that the state should
fulfill all of the obligations listed in CEDAW to ensure legal and factual
equality between men and women. State obligations include both
methodological and result-oriented obligations, and almost all articles of
CEDAW start with the premise that states parties shall take all appropriate
measures to eliminate discrimination, with the goal of promoting gender
equality not only in law but also in terms of resource allocation. 62
Paragraph 9 of General Recommendation No. 28 of the CEDAW
Committee specifically states that “States parties must address all aspects
of their legal obligations under the Convention to respect, protect and fulfil
women’s right to non-discrimination and to the enjoyment of equality.”
Paragraph 37 emphasizes the promotional duties of state parties, which can
be summarized into four state obligations:
a) Obligation to respect requires that states parties refrain from
making laws, formulating policies, taking administrative measures,
62
T.L., Yeh (2012). “Introduction,” included in: Regulatory Review and Seed Training
Camp Teaching Materials for Fulfilling the Convention on the Elimination of All
Forms of Discrimination Against Women. Published by the Gender Equality
Committee of the Executive Yuan and edited by the Foundation for Women’s Rights
Promotion and Development, pp. 1-20.
73