警察招考男女體測標準一致之正當性初探

Exploring the Appropriateness to Standardize Male and Female Police Officer’s Physical Fitness Test

"由於CEDAW公約第1條明白揭示，「對婦女歧視」之禁止，因此，考試院及各用人機關近幾年來皆陸續修訂相關法規，鼓勵女性參加公職考試，以期落實性別平權理念。然而，在某些常負外勤任務且職場環境相對風險較高的單位也開始抱怨，女性參與造成執行較危險任務時，人員調派上的困擾與安全憂慮。故本文嘗試從Aristotle性別正義必須兼顧性別平等與性別差異的觀點，借用Socrates的不同事物在相同情況下應予以相同對待，以及John Rawls社會正義應依照平等自由原則、公平機會原則、差異補償原則等先後序列式的安排，研議近程男女警察招考體能測驗的項目不僅要齊一，及格標準也要相同，遠程則取消所有男女之別與身高限制，全面以警察執法專業能力之考量擇優錄取之正當性與可行性。Due to the establishment of CEDAW, the Examination Yuan of ROC and many other agencies have made several adjustments to laws regarding the discrimination of women. These revisions are an attempt to encourage women to apply to government occupations and achieve gender equality in the workplace. However, many complaints have begun to arise within government departments where field operations are common and the consequences of failure are more direr. When women officers are assigned to dangerous missions, there is often more concern for safety as well as difficulty with assigning officers to dispatch. This thesis elaborates on Aristotle’s argument that gender justice must attend to both gender equality and gender differences, Socrates’ concept that different subjects should be treated the same way when the circumstances are the same, and John Rawls’ social justice theory where equality and liberty is prioritized before equal opportunities and compensation of differences. The thesis uses the theories mentioned above to propose that the physical fitness examination for female and male police officers should not only test the same number of topics, but also have the same passing criteria. The long-term goal is to eliminate all gender and height limitations for police officer applications - the criteria of becoming an officer should only depend on the professional abilities of the applicant."