rights conventions such as affirmative action and preferential treatment. b. Differential Treatment in Management Measures Concerning whether the regulations on uniforms, shoes, stockings, makeup, and hair constitute differential treatment in management measures, this section first defines the relevant laws and regulations and then discusses whether there is discriminatory behavior, whether the differential treatment is disadvantageous, and whether the differential treatment falls within legally permitted exceptions: a) Article 7 of the Constitution of the Republic of China (Taiwan) stipulates that “All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.” This article explicitly prohibits discrimination based on gender. The fundamental rights guaranteed in the constitution not only constitute the right of protection against the State, they are also fundamental rights used to determine objective value or objective legal order. As such, this constitutes the obligation of the State to actively protect the fundamental rights and legal interests of citizens from illegal infringement by third parties. To ensure that the state’s protection is sufficient, the executive and legislative powers retain considerable discretionary and formative authority. However, when determining how legislators should fulfill their state protection obligations and protect citizens’ basic rights against third parties, the state must emphasize that its protection will not fall below the necessary standards. Accordingly, Article 1 of the Gender Equality in Employment Act states that “the Act is enacted to protect gender equality in the workplace, implement thoroughly the constitutional mandate of eliminating gender discrimination, and promote the spirit of substantial gender equality.” This statement reflects the legislators’ intent to fulfill the State’s protection obligations based on the legitimacy of direct and pluralistic democracy and by balancing the basic rights protections involved in conflicts between private parties. For more information, please refer to the Taipei High Administrative Court verdict Su-Zi No. 49