English - CEDAW Southeast Asia
English - CEDAW Southeast Asia
English - CEDAW Southeast Asia
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A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of <strong>CEDAW</strong><br />
require that the guarantee of health care must be applicable throughout a woman’s life; thus,<br />
protection covers girls and elderly women. GR 24 also highlights the various area of health<br />
care requiring attention, such as those relating to maternity and pregnancy, HIV/AIDS and<br />
other STIs, sexual and reproductive health-care services and education, birth control and<br />
family planning methods, abortions, and the privatization of the health-care services.<br />
In relation to maternity and pregnancy, it is stated in <strong>CEDAW</strong> and GR 24 that care<br />
before, during and after pregnancy must be given. 527 Where costs are a problem, the State<br />
must put in place measures to ensure a safe and healthy delivery. 528 Targets on maternal and<br />
child mortality and morbidity are only one of the measures, among many, that are needed to<br />
comply with the obligation of provision of care. 529<br />
GR 24 also addresses birth control, family planning methods and unwanted<br />
pregnancies. 530 The obligation under <strong>CEDAW</strong> specifically points out that acceptable ad<br />
accessible health-care services must be provided, 531 including improved availability,<br />
acceptability and use of modern means of birth control. 532 GR 24 emphasizes the need for<br />
informed consent prior to undergoing procedures, such as sterilization. 533 States Parties must<br />
not permit forms of coercion in this field, including mandatory testing for STIs or mandatory<br />
pregnancy testing as a condition for employment. 534 More importantly, abortions must not be<br />
used as means of family planning. 535<br />
GR 24 in particular highlights that as a consequence of unequal power relations based<br />
on gender, women and girls are unable to refuse sex or insist on safe and responsible sex. 536<br />
By understanding the unequal power relations between men and women, the gender-related<br />
aspects of HIV/AIDS and other STIs are clearly visible. In relation to Viet Nam and HIV/AIDS,<br />
the <strong>CEDAW</strong> Committee also states that there must be improved access to ARVs, protection<br />
and care for babies born with HIV, and training for medical personnel on HIV/AIDS. 537<br />
A gendered review of health care will also point out the need to focus on issues of sexual<br />
and reproductive education in addition to simply providing health-care services. State Parties<br />
must provide age-appropriate sexual and reproductive health information and education,<br />
especially to women and girls, which respects their right to privacy and confidentiality. 538<br />
Removal of barriers to the enjoyment of health care, especially high fees of health-care<br />
services, distance of health-care facilities, lack of convenient transportation, and lack of equal<br />
budgets for men and women’s health care should be prioritized. 539<br />
527<br />
<strong>CEDAW</strong>, Article 12(2) and GR 24, Paragraph 2<br />
528<br />
GR 24, Paragraph 27<br />
529<br />
See GR 24 generally<br />
251<br />
530<br />
GR 24, Paragraphs 17, 22, 23 and 31(c)<br />
531<br />
Ibid., Paragraphs 21 and 22<br />
532<br />
Concluding Comments on Viet Nam 2007, Paragraph 25<br />
533<br />
GR 24, Paragraph 20<br />
534<br />
Ibid., Paragraph 22<br />
535<br />
Concluding Comments on Viet Nam 2007, Paragraph 25<br />
536<br />
GR 24, Paragraph 18<br />
537<br />
Concluding Comments on Viet Nam 2007, Paragraph 25<br />
538<br />
GR 24, Paragraph 18<br />
539<br />
Ibid., Paragraph 21<br />
Health (Article 12 of <strong>CEDAW</strong>)
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