VI.
Conclusion and Recommendations
Articles 1 to 5 and Article 24 of CEDAW form the overall
interpretative framework for states’ obligations. This framework must be
applied when discussing the government’s obligations regarding the
substantive rights outlined in Articles 6 to 16 of CEDAW. 67 CEDAW
requires state parties to respect, protect, promote, and fulfill the rights of
all women to equality and non-discrimination. Paragraph 37 of General
Recommendation No. 28 further elaborates on the appropriate measures
that states should take to fulfill these obligations.
Regarding this appeal case, the NHRC reviewed the dress codes of
the Taiwanese airlines based on CEDAW regulations to determine whether
gender discrimination exists. Additionally, the NHRC assessed whether the
government has fulfilled its obligations to eliminate discrimination and
promote equality under CEDAW. After interviewing the cabin crew and
airline representatives, and consulting with experts, scholars, nongovernmental organizations, and officials from the relevant authorities, the
NHRC has put forward the following conclusions and recommendations:
1.
Taiwanese airline cabin crew dress codes constitute gender
discrimination prohibited by CEDAW
In 1998, the International Civil Aviation Organization officially
changed the term “flight attendants” to “cabin crew,” reflecting a shift in
the roles and functions of these professionals. A comprehensive review of
Article 2, Subparagraph 11, and Articles 188–191 of the Aircraft Flight
Operation Regulations shows that cabin crew’s duties and professional
requirements prioritize flight safety and executing emergency evacuations
over cabin service. The Civil Aviation Administration also advocates that
“the primary professional requirement for cabin crew in terms of flight
safety lies in their proficiency with emergency and survival equipment, as
well as their ability to carry out emergency procedures in response to
emergency situations.” 68
67
Referenced Paragraph 6 of General Recommendation No. 25 of CEDAW and
Paragraph 7 of General Recommendation No. 28.
68
As explained in Jiao-Hang (I) Letter No. 1128130087 dated November 29, 2023
85