English - CEDAW Southeast Asia

EXECUTIVE SUMMARY
A gendered and rights-based review of Vietnamese legal documents is timely and most relevant
in Viet Nam. The passage of the Law on Gender Equality on 29 November 2006 and the
review of the CEDAW Committee on 17 January 2007 signaled the need to review whether
existing legal documents conform to gender equality standards and the necessity for amendments,
revisions or repeal, or the issuance of new ones.
This review aims to assist in this process of evaluation and reform of legal documents.
Hence, it hopes that it is useful to drafters of legal documents, as well as to advocates for gender
equality who seek to transform the legal system into one that incorporates fully the principles
of gender equality and non-discrimination.
In doing a gendered and rights-based review of Viet Nams legal documents, CEDAW
was chosen as the framework and analytical tool. This is because CEDAW is a human rights
treaty and it strongly advances a rights-based approach to claiming rights. It is also a treaty
that strongly espouses gender equality and non-discrimination in all fields. CEDAW emphasizes
the obligation of State Parties to ensure enjoyment of equality. Lastly, as a treaty thereby
being a legal document itself, CEDAW is most compatible in discussions on law and legal
reform.
The structure of the review is based, therefore, on the substantive articles of CEDAW -
that is, Articles 1-16 - that identify the specific areas and fields that need to incorporate equality.
The review: (a) looks into the obligations under CEDAW, general recommendations (GRs)
and Concluding Comments on Viet Nam 2007; (b) identifies the selected indicators to assess
compliance with CEDAW obligations; (c) highlights the relevant legal provisions, bearing in
mind the situation of women in particular fields; and (d) provides analysis and recommendations.
The review is summarized under the headings below.
GENERAL UNDERTAKINGS TO ELIMINATE DISCRIMINATION AND ENSURE
EQUALITY
(Articles 1-3 of CEDAW)
Articles 1-3 of CEDAW contain the general undertakings of State Parties. They require a comprehensive
set of measures to be established to ensure gender equality. The selected indicators
for these articles are divided into six areas: (a) guarantees of equality and non-discrimination; (b)
prohibition of discrimination; (c) legal protection of women; (d) institutions and coordination mechanisms;
(e) incorporation and application of treaties; and (f) GBV.
1
GUARANTEES OF EQUALITY AND NON-DISCRIMINATION
Article 2 of CEDAW requires that the principle of equality be embodied in the Constitution or laws.
Article 1 provides the definition of discrimination. GR 25 highlights the elements of equality and
non-discrimination that CEDAW espouses. Bearing these in mind, it is obvious that the definition
and elements of equality and non-discrimination are one of the selected indicators to assess
compliance with CEDAW. Therefore, the selected indicators focus on whether there is a clear
definition of equality and non-discrimination that is compatible with CEDAW. They also inquire
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW