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CEDAW and the Law: stipulation for supportive measures for female ethnic minority candidates, including: (a) capacity-building training for women ethnic minority candidates; (b) raising awareness of the electorate to recognize the skills of women ethnic minority candidates; and (c) setting up resources (for example, campaign spaces, funds) to be utilized by female ethnic minority candidates. Indicator 100 Are these legal provisions on rural women’s participation in policymaking and implementation at the grassroots level For discussion and recommendations on this, see Part V.5.3, Indicators 59-61. 288 Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW V.12 EQUALITY BEFORE THE LAW (ARTICLE 15 OF CEDAW) V.12.1 OBLIGATIONS UNDER CEDAW V.12.1.1 Text of CEDAW ARTICLE 15 (1) States Parties shall accord to women equality with men before the law. (2) States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals. (3) States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void. (4) States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile. V.12.1.2 General Recommendations The following excerpts from GR 21 are relevant to Article 15 of CEDAW: GR 21: Equality in Marriage and Family Relations Paragraph 7 When a woman cannot enter into a contract at all, or have access to financial credit, or can do so only with her husband’s or a male relative’s concurrence or guarantee, she is denied legal autonomy. Any such restriction prevents her from holding property as the sole owner and precludes her from the legal management of her own business or from entering into any other form of contract. Such restrictions seriously limit the woman’s ability to provide for herself and her dependants. Paragraph 8 A woman’s right to bring litigation is limited in some countries by law or by her access to legal advice and her ability to seek redress from the courts. In others, her status as a witness or her evidence is accorded less respect or weight than that of a man. Such laws or customs limit the woman’s right effectively to pursue or retain her equal share of property and diminish her standing as an independent, responsible and valued member of her community. When countries limit a woman’s legal capacity by their laws, or permit individuals or institutions to do the same, they are denying women their rights to be equal with men and restricting women’s ability to provide for themselves and their dependants. 289 Paragraph 9 Domicile is a concept in common law countries referring to the country in which a Equality before the law (Article 15 of CEDAW)
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UNIFEM is the women's fund at the U
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ACKNOWLEDGEMENTS The author wishes
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CEDAW and the Law: III.2.2 Non-Disc
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CEDAW and the Law: V.2.1.2 General
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CEDAW and the Law: Indicator 65(a)
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CEDAW and the Law: V.13 Marriage an
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ABBREVIATIONS Circular on Female La
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CEDAW and the Law: Decree on Labour
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CEDAW and the Law: Investment Law J
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CEDAW and the Law: National Strateg
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PREFACE Gender inequality is at the
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INTRODUCTION RATIONALE A gendered a
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CEDAW and the Law: agencies and Hea
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CEDAW and the Law: LIMITATIONS Ther
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CEDAW and the Law: into whether the
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CEDAW and the Law: Civil Code, Civi
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CEDAW and the Law: Postponement, te
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CEDAW and the Law: It is suggested
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CEDAW and the Law: Article 36 of th
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CEDAW and the Law: dling of domesti
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CEDAW and the Law: indicators for t
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CEDAW and the Law: TRAFFICKING 7 Tr
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CEDAW and the Law: People’s Counc
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CEDAW and the Law: NATIONALITY (Art
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CEDAW and the Law: where students a
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CEDAW and the Law: security, benefi
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CEDAW and the Law: support for the
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CEDAW and the Law: 104, 110, 121, 1
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CEDAW and the Law: document focusin
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CEDAW and the Law: Law on Gender Eq
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CEDAW and the Law: PROTECTION FOR M
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CEDAW and the Law: as ethnic minori
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II. THE POLITICAL AND LEGAL FRAMEWO
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CEDAW and the Law: II.1.3 THE GOVER
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CEDAW and the Law: The Law on the O
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CEDAW and the Law: The major mass o
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CEDAW and the Law: ‘Legal documen
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CEDAW and the Law: tation of the tr
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CEDAW and the Law: report, a delega
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CEDAW and the Law: One common manif
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CEDAW and the Law: Indirect discrim
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CEDAW and the Law: modifying or ab
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V. REVIEW OF KEY LEGAL DOCUMENTS AN
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CEDAW and the Law: 2. Other measure
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CEDAW and the Law: (m) States parti
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CEDAW and the Law: overcoming under
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CEDAW and the Law: crimination must
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CEDAW and the Law: cedures be estab
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CEDAW and the Law: Paragraph 24 of
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CEDAW and the Law: hand, the defini
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CEDAW and the Law: of discriminatio
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CEDAW and the Law: lic servants are
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CEDAW and the Law: individuals lega
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CEDAW and the Law: Fourth, Article
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CEDAW and the Law: Protection The r
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CEDAW and the Law: the case due to
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CEDAW and the Law: which have condu
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CEDAW and the Law: Confrontation In
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CEDAW and the Law: agencies. Denunc
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CEDAW and the Law: As earlier menti
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CEDAW and the Law: There are legal
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CEDAW and the Law: Added criteria r
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CEDAW and the Law: (5) To play the
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CEDAW and the Law: (3) To direct an
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CEDAW and the Law: in many cases, n
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CEDAW and the Law: In a matrix on
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CEDAW and the Law: Both Article 3 o
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CEDAW and the Law: cially for those
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CEDAW and the Law: 114 the perpetra
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CEDAW and the Law: Obligations and
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CEDAW and the Law: Indicator 23 Dom
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CEDAW and the Law: is experienced p
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CEDAW and the Law: (i) require heal
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CEDAW and the Law: In relation to m
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CEDAW and the Law: guilt over the p
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CEDAW and the Law: Paragraph 15 The
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CEDAW and the Law: ment to cover th
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CEDAW and the Law: Article 5: Inter
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: GR 23: Political
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CEDAW and the Law: There are also a
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CEDAW and the Law: Article 23: Info
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CEDAW and the Law: of GBV, publishi
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CEDAW and the Law: other forms of s
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CEDAW and the Law: measures for rei
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CEDAW and the Law: Indicator 44 Wha
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CEDAW and the Law: anti-trafficking
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CEDAW and the Law: dren; 299 having
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CEDAW and the Law: an explicit prov
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CEDAW and the Law: by an insensitiv
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CEDAW and the Law: Indicator 45 Is
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CEDAW and the Law: manner; (d) more
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CEDAW and the Law: (1) Officials, p
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CEDAW and the Law: treatment and he
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CEDAW and the Law: Specific respons
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CEDAW and the Law: V.5 POLITICAL AN
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CEDAW and the Law: 170 de jure and
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CEDAW and the Law: (b) Women’s en
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CEDAW and the Law: lic boards and l
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CEDAW and the Law: vides that consu
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CEDAW and the Law: Practical measur
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CEDAW and the Law: tutions. The SED
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CEDAW and the Law: tries show that
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CEDAW and the Law: among the pol
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CEDAW and the Law: 1957 on Enacting
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CEDAW and the Law: (3) Election and
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: 192 The Law on V
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CEDAW and the Law: V.7.1.3 Concludi
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CEDAW and the Law: V.7.3 RELEVANT L
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CEDAW and the Law: Article 14(3
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CEDAW and the Law: In some localiti
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CEDAW and the Law: disabled and han
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CEDAW and the Law: It is suggested
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CEDAW and the Law: Socialization) p
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CEDAW and the Law: clear legal prov
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CEDAW and the Law: V.8 EMPLOYMENT (
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CEDAW and the Law: Sexual harassmen
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CEDAW and the Law: More importantly
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CEDAW and the Law: Further elaborat
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CEDAW and the Law: To implement thi
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CEDAW and the Law: biologically inc
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CEDAW and the Law: of women will be
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CEDAW and the Law: women, are oblig
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CEDAW and the Law: improve health a
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CEDAW and the Law: provide appropri
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CEDAW and the Law: affects the righ
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CEDAW and the Law: for women, and t
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CEDAW and the Law: Article 111 of t
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CEDAW and the Law: Contraceptive me
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CEDAW and the Law: II. LIST OF VIET
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CEDAW and the Law: Ordinance on Ex
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CEDAW and the Law: National Strat
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CEDAW and the Law: Sustainable
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CEDAW and the Law: Reeri
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APPENDIX III: CONVENTION ON THE ELI
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CEDAW and the Law: (d) To refrain f
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CEDAW and the Law: (f) The reductio
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CEDAW and the Law: PART IV Article
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CEDAW and the Law: for the effectiv
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CEDAW and the Law: Secretary-Genera
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