English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
REVISION OF TEXTBOOKS AND CURRICULA
The norm of equality can be disseminated systematically through education. However, unless
such is incorporated into textbooks, teaching guides and curricula, there can be no systematic
inclusion of equality. The Law on Gender Equality and Plan of Action for the Advancement of
Women contain provisions on these matters, including inclusion of gender equality in the education
syllabus and prohibition on the compilation and dissemination of textbooks that contain gender
prejudice. It is recommended that to carry out provisions of the Law on Gender Equality and
Plan of Action for the Advancement of Women, a legal document that will operationalize revision
of textbooks, curricula and teaching aids must be issued. Gender expertise must be involved to
ensure that gender is incorporated appropriately in such revisions. The legal document must also
specify that capacity of teaching staff on gender must also be increased to enable them to use
the textbooks, teachings aids/materials and syllabus appropriately. It is also recommended that,
in addition to addressing the textbooks, curricula and teaching aids, teachers must be instructed
in handling or interacting with students in a gender-sensitive manner.
NON-DISCRIMINATION BY SCHOOL ADMINISTRATORS, TEACHERS AND OTHER
PERSONNEL
Articles 16 and 72 of the Law on Education specify the roles and responsibilities of teachers and
educational administrators. It is recommended that this law must clearly provide that educational
administrators, teachers and other personnel must treat students in an equal manner and strictly
prohibit any acts of discrimination in the education setting. It must provide that school charters,
teachers and student manuals must prohibit and penalize acts of discrimination.
SEXUAL HARASSMENT
There is no provision in Vietnamese law that explicitly prohibits sexual harassment. Article 10 of
the Law on Gender Equality prohibits GBV - which, under international standards, includes sexual
harassment - and Article 75(1) of the Law on Education prohibits teachers offending the honour
or dignity of, or physically abusing, students. However, without a clear legal document that
includes sexual harassment, it is uncertain whether it is included in such prohibitions as well. It is
recommended that sexual harassment legislation be issued. Sexual harassment in the education
setting must be included as one of the prohibited acts. The definition of sexual harassment in GR
19 must be used, as applicable to the education setting. It is also recommended that educational
establishments be required by law to promulgate their own sexual harassment guidelines and
disseminate these guidelines to their staff and students to ensure knowledge and compliance.
Failure to promulgate these guidelines or failure to address complaints of sexual harassment will
make the establishment liable for damages or administrative sanctions.
EMPLOYMENT
(Article 11 of CEDAW)
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The obligations under CEDAW on employment are quite comprehensive. Article 11 of CEDAW
mandates equal right to work and equal conditions of employment in all aspects. More specifically,
it guarantees equality in relation to the right to work, which includes the right to equal employment
opportunities, freedom of choice of profession, right to gain a living by work freely chosen
or accepted, and the application of the same criteria for selection in matters of employment. In
this light, Concluding Comments on Viet Nam 2007 also require interventions for the occupational
segregation happening in Viet Nam. Also, it strongly urges Viet Nam to address sexual harassment.
Article 11 also guarantees equal conditions of employment in relation to promotion, job
Executive summary