employers mandate that female employees wear makeup, skirts, nail polish,
specific hairstyles, or certain types of hosiery, it could constitute direct
gender discrimination.
f. Conclusion
In summary, the state has not taken all appropriate measures to
prevent, prohibit, and punish third parties that violate CEDAW. Regardless
of whether discrimination is individual or collective, or in the public or
private sector, the state has an obligation to take all appropriate measures
including legal action to eliminate third-party discrimination against
women and to eradicate gender stereotypes and prejudice.
The competent authorities in this case failed to fulfill the state’s
protection duty and did not assess gender discrimination in accordance
with CEDAW’s definition. Thus, it did not provide adequate protection for
female employees. Furthermore, the competent authorities failed to allow
labor unions to act as parties for relief and did not establish guidelines for
employers to comply with CEDAW and avoid gender discrimination.
Therefore, the competent authorities were insufficient both in fulfilling
their procedural obligations and in obtaining substantive outcomes.
2)
Did the government take all appropriate measures to ensure
that both men and women have the same health and safety
working conditions?
The second issue in determining whether the government has fulfilled
its obligations according to CEDAW and other international human rights
conventions is to understand whether it has taken all appropriate measures
to ensure that both men and women equally enjoy safe and healthy working
conditions. The design of female cabin crew’s uniforms may impair their
emergency response abilities, increase their risk of bodily exposure, and
pose a higher risk of falls and other health and safety concerns. Taiwanese
airline dress codes fail to take female cabin crew’s safety and health risks
into account. The question here is whether or not the government has
fulfilled its state obligations of respecting, protecting, fulfilling, and
promoting women’s right to be free from discrimination and to enjoy equal
rights as required by CEDAW and other international human rights
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