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Height requirements for police, firefighters ruled unconstitutional

05/31/2024 07:49 PM
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Taiwan's Constitutional Court. CNA file photo
Taiwan's Constitutional Court. CNA file photo

Taipei, May 31 (CNA) Policies that deem individuals too short to work as police officers or firefighters are unconstitutional, the Constitutional Court ruled Friday.

"The height standard established has disproportionately excluded a higher proportion of female candidates compared to their male counterparts," the court said.

Because these requirements have resulted in unfavorable treatment against women in terms of their right to participate in public service exams, they are inconsistent with the principle of equality protected by the Constitution, the court found.

The issue was brought to the court by a woman who argued that such restrictions were unconstitutional, after losing a similar case in the Supreme Administrative Court.

The 158.9-centimeters tall woman, surnamed Chen (陳), requested a constitutional judgment in mid-2022 after the National Fire Agency rejected her for formal training in 2019 due to its 160 cm minimum height requirement for women, although she had passed other required tests.

Before taking the case to the Constitutional Court, Chen filed suit with the Taipei High Administrative Court, which ruled in her favor. The Supreme Administrative Court later overturned that decision in 2021.

Under Taiwan's regulations for hiring police and firefighters, males must be taller than 165 cm, and females must be taller than 160 cm, with slightly lower height requirements for Indigenous people.

In an earlier court debate, the National Fire Agency (NFA) said there were practical reasons for the height rules, because firefighting requires people who have a certain body type so that they can use firefighting equipment more efficiently.

Chen's height could also potentially create a "blind spot" if she were to drive a fire truck, and her taller colleagues could find it difficult to carry a stretcher with her due to the height difference, the agency argued.

With the court's announcement on Friday, the current standard will expire within one year.

Meanwhile, the previous ruling in Chen's case was annulled and will be sent back to the Supreme Administrative Court for further review, according to the Constitutional Court.

In response to the ruling, the NFA issued a statement saying it will consider actual firefighting duties and adjust the basic requirements for female firefighters in line with the examination system.

(By Lin Chang-shun and Lee Hsin-Yin)

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