English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
example, protocols for health and medical workers, police officers, mass media, employers,
heads of educational institutions and teachers. These protocols must guarantee confidentiality
and privacy. Although Article 5 of the Law on HIV/AIDS and Article 14 of the Decree on Health
Violations already penalize disclosure of HIV test results or leaking names, ages or addresses
without the consent of the person living with HIV, the guarantee of confidentiality and privacy
must be extended to all identifying information. Further, the protocols must contain instructions
on how to deal with people living with HIV in an appropriate manner to ensure that no
discrimination or stigmatization occurs. The law must also clearly provide that identifying
information must be kept confidential during proceedings, whether administrative or judicial.
This will enable people living with HIV to question discriminatory practices without fear of being
exposed. It is important to note that, in many cases, ensuring privacy and confidentiality
benefits women as they are more likely to be afraid to seek medical treatment on infections of
this nature.
It has also been pointed out that the burden of care work falls on women. Proposals for
care of people living with HIV/AIDS must bear this in mind. In this regard, there is a need to
set up or strengthen health-care centres for people living with HIV/AIDS. Where, home care
and treatment is preferred, appropriate support and resources must be provided not only to
the person living with HIV/AIDS but also to the carer; for example, job placement that allows
for work at home or flexible hours to enable the balancing of work and care.
Increased monitoring of the progress of the strategies and plans is necessary to ensure
that targets are met. In monitoring progress, indicators must be at all times be sexdisaggregated
and gender analysis of the results must be done.
In relation to awareness-raising, information and education initiatives to highly
vulnerable groups and the general public, gender and rights must be incorporated in the
content of these initiatives. Issues and challenges due to gender relations, in particular gender
discriminatory cultural practices and patterns of conduct that inhibit prevention and control of
HIV, such as inability to negotiate safe sex by women, refusal to use condoms by men to show
masculinity, or exploitation of prostitution must be discussed as well.
Recommendations: The Law on HIV/AIDS must also explicitly provide that equal
preventive, care and treatment interventions must be provided to people living with
HIV/AIDS regardless of gender, nationality, social, economic, and other status.
In relation to confidentiality and privacy, the Law on HIV/AIDS and Decree on
Health Violations must clearly provide that the guarantee of confidentiality and privacy
extend to all identifying information and this must be reflected in the protocols
suggested below. The law and decree must also clearly provide that identifying
information must be kept confidential during proceedings, whether administrative or
judicial, and whether it is within the employment, education or other setting.
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Protocols for handling of cases of HIV/AIDS must be drafted for health and
medical workers, police officers, mass media, employers, heads of educational
institutions and teachers. The protocols must contain step by step instructions on how
to deal with people living with HIV in an appropriate manner so ensure that no
discrimination or stigmatization occurs.
Health (Article 12 of CEDAW)