English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Indicator 2
Indicator 3
Is there a definition of equality between men and women/gender
equality and does it conform to substantive equality
Is there a definition of discrimination/non-discrimination on the basis
of sex and does it conform to Article 1 of CEDAW
Despite the numerous appearances of the guarantee of equality and non-discrimination,
it was only recently that a definition has been provided by law of the terms ‘equality’ and ‘discrimination’.
The Law on Gender Equality, which was adopted in 29 November 2006, defines
them as follows:
Article 5: Interpretation of Terms
(3) Gender equality indicates that man and woman have equal position and role; are given
equal conditions and opportunities to develop their capacities for the development
of the community, family and equally enjoy the achievement of that development.
(5) Gender discrimination indicates the act of restricting, excluding, not recognizing or not
appreciating the role and position of man and woman leading to inequality between man
and woman in all fields.
Having a definition on both terms, though belated, is a welcome development. This is
the first step towards a uniform and consistent understanding of ‘equality’ and ‘non-discrimination’.
It is evident, though, that the definition can benefit from some improvements.
Definition of ‘gender equality’
In relation to ‘gender equality’, the definition in Article 5(3) is promising as it: (a) encompasses
formal equality or a guarantee of equality in law, and opportunities; (b) includes provision
of enabling environment by guaranteeing equal conditions; and (c) covers equality of
results by explicitly stating the need for man and woman to enjoy equally the achievements of
development. The definition indeed contains elements of substantive equality, especially if
read in relation to Article 7(1) of the Law on Gender Equality. 146 However, equality is not simply
equal roles, positions, conditions, opportunities, and enjoyment of achievements. Equality
involves equal rights.
Recommendation: It is recommended that, for increased consistency with
CEDAW, the definition of ‘gender equality’ in Article 5(3) of the Law on Gender Equality
must include the term ‘rights’; that is, ‘man and woman have equal rights, positions and
roles’. This emphasizes that equality involves equal rights and not simply equal positions
and roles.
Definition of ‘gender discrimination’
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The definition of ‘gender discrimination’ in the Law on Gender Equality is not as comprehensive
as the definition in Article 1 of CEDAW. The definition only covers the ‘role and position’
of women and men as the subject of restriction, exclusion or non-recognition. On the other
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Article 7(1) states as one of the State Policies on Gender Equality: “To ensure gender equality in all fields of politics,
economy, culture, society and family; to support and provide man and woman with conditions for them to bring into play
their abilities; to give them equal opportunities to take part in the process of development and to benefit from the
achievements of development.”
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)