English - CEDAW Southeast Asia

CEDAW and the Law:
Of particular concern to the CEDAW Committee, as stated in Paragraph 17 of GR 24, is
the relinquishment by State Parties of their health obligations to private agencies. 540
Nevertheless, GR 24 points out that State Parties must ensure that the equal right to health is
respected by these private agencies. Based on this, they must guarantee that the cost of
health care remains equally accessible to persons of either sex.
In view of the obligations under CEDAW, the selected indicators for health are:
Indicator 85
Indicator 86
Indicator 87
Indicator 88
Indicator 89
Indicator 90
Indicator 91
Indicator 92
Indicator 93
Is there legislation that guarantees non-discrimination and equal access
to health care
Are there measures in place to provide assistance on health-care
services for poor women and other disadvantaged groups, such as
women with disabilities or ethnic minority women
Is there legislation ensuring access by women to appropriate healthcare
services relating to pregnancy and maternity
Is there legislation addressing women living with HIV/AIDS and other
STIs
Is abortion prohibited
Are sex-selective abortion and prenatal sex-selection prohibited
Is there legislation regulating family size
Is there legislation that guarantees the right to free and informed choice
and prohibition of coercion, intimidation or undue influence in the use of
contraceptives; for example, non-consensual sterilization or free choice
of contraception)
Is sexual harassment by health professionals prohibited
V.9.3 RELEVANT LEGAL PROVISIONS
Indicator 85
Is there legislation that guarantees non-discrimination and equal
access to health care
252
The question of access to health relates to many factors such as health-care infrastructure,
budgetary allocation for health-care, cost of health-care services, health status, and healthcare
needs of men and women. Maternal health, HIV/AIDS, contraception will be discussed.
As to health-care infrastructure, there is a nationwide health-care network in Viet Nam. 541
The Government states that all provinces and districts have health-care facilities, and nearly
all communes/wards have health-care centres. 542 By the end of 2002, 100 percent of healthcare
centres at ward, communal and district levels were provided with medical workers. 543 The
number of medical workers in hamlets increased from 59.41 percent in 1999 to 89.80 percent
540
Ibid., Paragraph 17
541
Wells, op. cit., p. 34
542
Ibid.
543
Combined Fifth and Sixth Periodic Report, p. 37
Review of key legal documents and compliance with CEDAW