English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
In addition to these suggestions, for more pervasive manifestations of GBV, separate
legislation is necessary to address fully all its aspects. This will enable focused
attention to victims of the violations, identification of clear responsibilities of ministries
and agencies to address the problem, and specific sanctions to offenders. Pervasive
manifestations of GBV include domestic violence, trafficking in women, exploitation of
prostitution, and sexual harassment.
Indicator 22(d)
Indicator 22(e)
What measures are in place for victims of GBV
Does the law mandate inter-agency cooperation to address
GBV Is there a clear designation of coordinated and individual
responsibilities of State agencies to address GBV
Specific measures for victims of GBV are available in Articles 37 and 38 (which provide
for the right to complain and denounce) and Article 42 (which states that violations will be subject
to sanctions, administration fines, criminal procedure and compensation for damages) of
the Law on Gender Equality. Criminal, civil and administrative sanctions as pointed out in
Indicators 22(a), 22(b) and 22(c) are also in place.
Procedures and mechanisms on gender equality as discussed in Part V.1.3.3 and Part
V.1.3.4 are also procedures and mechanisms for GBV.
A crucial observation on handling of violence or abuse cases in Viet Nam, whether it
involves civil, criminal or administrative procedures, is the absence of social workers. In many
jurisdictions, social workers play a very important role in terms of counselling, removing a person
from an unsafe or abusive environment, preparing case studies to assist in the determination
of the psychological, emotional or mental state of a person, the fitness of the home environment
and of persons to take care of children, medical or treatment regime needed, necessity
and appropriateness of rehabilitation and reintegration work. There is some work on professionalizing
social work and utilizing social work in relation to child abuse, neglect and exploitation.
238 However, there is a dire lack of social workers in the area of gender equality work.
Recommendation: It is recommended that social work be recognized as necessary
in addressing gender discrimination, in particular GBV. It is true that there is still
a lot of work needed to professionalize social work and to build capacity of individuals
to be fully fledged social workers in the realm of gender equality. However, the employment
or involvement of trained social workers in agencies that addresses GBV must be
mandatory. This should include their employment in MOLISA, in hospitals, in courts,
schools, counselling centres, and rehabilitation and reintegration centres. The legislation
must also provide for the roles that they should play in these institutions, including
drafting of case studies to provide a comprehensive and appropriate programs for
victims of GBV, assisting in the determination of the environment from which abuse or
violence was perpetrated, assisting in the determination of fitness of persons to be
awarded custody of children, inspecting and helping evaluate environment of victims
and whether there is a need to put in place measures to protect them, providing counselling
in cases of abuse, assisting in the detection of abuse (for example, in schools
and hospitals) and facilitating its reporting to appropriate authorities.
117
238
See Kelly, op. cit., generally, but in particular pp. 51-52
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)