English - CEDAW Southeast Asia

CEDAW and the Law:
indicators for this article look into the existence of legal provisions on modification of stereotypes
and other practices that discriminate against women, whether measures are in place to provide
information on gender and gender equality, and the role and responsibility of media to refrain
from discriminatory conduct and contribute to achievement of equality. There are also a number
of selected indicators that are relevant to Article 5 of CEDAW, but are placed as indicators under
other CEDAW articles, such as those referring to sex-selective abortion (Art. 12), the common
responsibility of men and women in the upbringing of their children (Article 16), and dissemination
of information to ethnic minorities (Article 14).
MODIFICATION OF STEREOTYPES AND DISCRIMINATORY PRACTICES
There are several legal provisions relating to customs and traditions in Viet Nam that provide for
the need to eliminate backward customs and habits, including those that hinder gender equality 4 .
For example, Constitution, Articles 30 and 33; Civil Code, Article 8; Law on Gender Equality,
Articles 7 and 40(6); and Marriage and Family Law, Article 3(1). It is suggested that, to enable
conceptual clarity as to the reason for change or modification of a particular custom or practice,
the term discriminatory be used to refer to those customs and practices that violate gender equality
or that discriminate. This also will enable identification and eradication of discriminatory customs
and practices within the general population.
INFORMATION ON GENDER EQUALITY
To address the need for information dissemination on gender and gender equality, the Law on
Gender Equality and Programme on Law Dissemination and Education contain provisions on
information, education and communications on gender equality and law dissemination for women
respectively. It is suggested that the responsibility of information dissemination agencies to integrate
gender within the scope of their own dissemination functions be clearly stipulated.
ROLE OF THE MEDIA
Particular legal documents prohibit the publication of obscenity, pornography, bad practices and
social evils 5 . Decree on Advertisement Ordinance, Article 3; Decree on Press Law, Article 5; and
Law on Publication, Article 10. There is no explicit prohibition, however, to cover all acts of gender
discrimination. It may also be useful for a legal document to provide guidelines to the media
for addressing gender equality issues, in particular GBV. Guidelines on what acts constitute discrimination
in advertising activities should be drafted. The prohibited acts should include: (a) specifying
the sex of the person required in relation to advertisement for services; (b) derogatory statements
against one sex; and (c) advertisements that portray one sex as inferior or superior.
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TRAFFICKING AND EXPLOITATION OF PROSTITUTION
(Article 6 of CEDAW)
Article 6 of CEDAW requires States Parties to take all appropriate measures to suppress all forms
of traffic in women and exploitation of prostitution of women. The CEDAW Committee - in GR 19,
GR 24 and Concluding Comments on Viet Nam 2007 - requires that specific preventive, punitive
and rehabilitative measures must be in place to comply with States Parties obligations. The
CEDAW Committee also emphasized the evolving forms of sexual exploitation such as sex
4
For example, Constitution, Articles 30 and 33; Civil Code, Article 8; Law on Gender Equality, Articles 7 and 40(6); and
Marriage and Family Law, Article 3(1)
5
Decree on Advertisement Ordinance, Article 3; Decree on Press Law, Article 5; and Law on Publication, Article 10
Executive summary