are not allowed to have facial hair. The aforementioned findings are supported by interviews, correspondence, and airline documents containing cabin crew dress codes. a. Discrimination as defined by CEDAW: distinctions, exclusions, or restrictions made on the basis of gender According to Article 1 of CEDAW, “the term ‘discrimination against women’ shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.” General Recommendation No. 28 of CEDAW further clarifies in Paragraph 5: “The application of the Convention to gender-based discrimination is made clear by the definition of discrimination contained in article 1. This definition points out that any distinction, exclusion or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women of human rights and fundamental freedoms is discrimination, even where discrimination was not intended. This would mean that identical or neutral treatment of women and men might constitute discrimination against women if such treatment resulted in or had the effect of women being denied the exercise of a right because there was no recognition of the pre-existing gender-based disadvantage and inequality that women face.” Article 4 of CEDAW stipulates two instances of differential treatment that do not constitute discrimination: “1. Adoption…of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination” and “2. Adoption…of special measures…aimed at protecting maternity shall not be considered discriminatory.” The first of these, “Adoption…of temporary special measures aimed at accelerating de facto equality between men and women,” is only for temporary measures; similar provisions exist in other human 48