English - CEDAW Southeast Asia

CEDAW and the Law:
(2) Diagnosing to select fetus gender by methods of determination thereof via
symptoms, pulse feeling; blood, gene, amniotic fluid, cell tests; ultrasonics.
(3) Getting rid of fetuses for reason of gender selection by methods of abortion, supply
and use of assorted chemicals, drugs and other measures.
One of the indicators for Objective 3 of the Plan of Action for the Advancement of
Women is the reduction of the proportion of abortions to 25 percent by 2010. The National
Strategy on Reproductive Health Care also has one of its objectives the reduction of unwanted
pregnancies and abortion relation complications. To target adolescents, a Comprehensive
Plan on Protection, Care and Improvement of Reproductive Health for Adolescents and Young
Adults 2006-2010 was introduced that includes improving knowledge and skills of adolescents
and young adults in self-protection and self-care, and expanding access to effective age and
gender aware services to this group.
It has been emphasized by the CEDAW Committee that abortion should not be used as
a means of contraception. 619 High rates of abortion are symptomatic of the lack of available
contraception, ineffective or inexistent education on reproductive and sexual health/rights, and
strong preference for sons. These issues must be properly addressed, especially in the light
of health implications for women undergoing repeated abortions.
Recommendations: It is suggested that explicit legal provisions ensure increased
awareness of availability and accessibility to a wide range of contraceptive methods.
Further, both men and women should be targeted family planning by information,
education and communication interventions. Laws must also ensure that post-abortion
health care of good quality is available and accessible.
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As to sex-selective abortions, although legal provisions already exist prohibiting
it, there is a need to provide further guidelines to ensure its implementation. It is
suggested that a more detailed legal document on sex selection is required in particular
elaborating or supplementing further on the Decree on Population. Some proposals for
possible inclusion in such document or subject to consideration for inclusion are: (a)
a prohibition on any person to conduct or aid in the conduct of sex selection on a
woman or a man or on both or on any tissue, embryo, fluid or gametes derived from
either or both of them. This refers to procedures, tests or prescription aimed at
increasing or ensuring the probability that the embryo will be of a particular sex; (b)
regulation of the sale of ultrasound machine, imaging machines, scanners or other
device capable of detecting the sex of the foetus, to persons, laboratories, clinics, etc.,
unless registered with the appropriate designated agency; (c) the conduct of prenatal
diagnostic techniques must not be used for the purpose of determining the sex of the
foetus. On this note, qualified persons conducting such must record in writing the
reasons behind the conduct of such techniques. Specific guidelines can be provided
on what are the obvious conditions where it is allowable; for example, the pregnant
woman: (i) is aged above 35 years; (ii) has undergone previous abortions, foetal loss or
miscarriage; (iii) has been exposed to harmful or toxic substances; (iv) or her
619
CEDAW Concluding Comments on Viet Nam, Paragraph 25
Review of key legal documents and compliance with CEDAW