English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
Paragraph 27
The Committee urges the State party to set the same minimum age of marriage for
women and men at 18 years, in line with article 1 of the Convention on the Rights of the
Child and article 16 of the Convention and the Committee’s general recommendation 21
on equality in marriage and family relations. It also calls on the State party to take
measures to prevent and stop underage marriages.
V.13.2 SELECTED INDICATORS
In the past, the realm of marriage and family was considered private and not subject to
examination. With the coming into force of CEDAW, this realm was subjected to international
standards and opened up to scrutiny. CEDAW and its interpretative documents provide
comprehensive protection in relation to marriage. It guarantees equal rights relating to entry
into marriage, equal rights during marriage (whether it relates to property, children or
inheritance) and equal rights upon dissolution of marriage. CEDAW also protects not only
registered marriages, but also de facto unions (or unions without marriage). In relation to
family life, protection is provided during the whole life of a women or a girl. In particular, women
and girls are protected from violence, especially those caused by harmful traditional practices;
for example, early marriage, forced marriage, polygamy and domestic violence. CEDAW also
states that there are various forms of family; hence, the protection afforded should be
expansive rather than restrictive.
Bearing these obligations in mind, the selected indicators for marriage and family are:
Indicator 107 Does the Constitution provide for special protection for family and
marriage
Indicator 108 Is there a general guarantee in a legal document of gender equality in
the family and marriage
Indicator 109 Does legislation guarantee the same right and conditions to enter into
marriage; that is, the right to decide if, when and who to marry
Indicator 109(a)
Indicator 109(b)
Is there an equal minimum age of 18 years for marriage Is
there prohibition on child marriage
Is registration of birth in an official registry required
Indicator 110 Does legislation guarantee marriage only with free and full consent of
both spouses
Indicator 111
Is there a legislative prohibition on traditional practices that restrict the
right to decide if, when and who to marry, including kidnapping for
marriage, dowries, bigamy and polygamy, and restriction on remarriage
of widows/widowers
299
Indicator 112 Does legislation require registration of marriage in an official registry
Indicator 113 Does legislation penalize adultery
Indicator 114 Are both spouses (husband and wife) equal in the ownership,
Marriage and family (Article 16 of CEDAW)