English - CEDAW Southeast Asia

CEDAW and the Law:
104, 110, 121, 122 of the Penal Code, which can be of limited use against sexual harassment.
One of the very few mentions of sexual harassment in legal documents is in Article 4 of the
Decree on Health Violations. This decree penalizes as an administrative violation abusing the
profession to commit acts of sexual harassment against patients. However, it does not apply to
employer/employee relations, and a definition is not provided to assist in understanding sexual
harassment. It is recommended that sexual harassment legislation be promulgated.
DOMESTIC OR HOUSEHOLD WORKERS
Articles 2 and 139 of the Labour Code applies to domestic or household workers. However, these
provisions are very limited and do not regulate domestic work. In this regard, it is recommended
that further stipulations be provided for domestic workers. In particular, conditions of work should
be clearly legislated, including: (a) days off; (b) rest hours; (c) provision of adequate food and
accommodation; (d) periodic and timely payment of wages; (e) prohibition of requiring household
helpers to work in commercial, industrial or agricultural enterprises; and (f) causes for termination
and compensation for unjust termination. Also, provisions for social insurance of domestic
workers must also be explored.
VIETNAMESE MIGRANT WORKERS
The Law on Guest Workers is the main legislation on Vietnamese overseas migrant workers. It
identifies forms of overseas work and provides regulations. Article 7 of the law also contains a
list of prohibited acts. Nevertheless, some suggestions to make the law compliant with CEDAW
are recommended. The Law on Guest Workers must prohibit explicitly: (a) contract substitution or
alteration; (b) keeping the travel documents of the guest worker; (c) furnishing or publishing any
false information or document in relation to recruitment or employment; (d) failing to reimburse
immediately the applicant in a case where deployment does not take place; (e) recruiting or sending
guest workers abroad without a licence; (f) forcing or intimidating guest workers to stay abroad;
and (g) sending minors abroad for employment.
It must also be stipulated in legal documents that the licence issued to enterprises authorizing
them to engage in the business of overseas migration must at all times be displayed clearly
in the place of business. All materials issued, disseminated and published by the enterprise must
cite the licence number of the enterprise.
28
It is also recommended that there should be a clear stipulation on the coverage of the overseas
employment fund in Article 66 of the Law on Guest Workers. In particular, the fund should
cover medical and health insurance for guest workers and their dependents, maternity coverage,
travel insurance and other welfare assistance. It should also provide for emergency repatriation -
for example, in cases of war, epidemics or natural disasters - without prejudice to claiming reimbursement
from the enterprise that deployed the guest workers, counselling and rehabilitation
measures, skills and livelihood trainings for returning guest workers, and orientation for returning
guest workers. It must ensure that men and women benefit equally from such fund.
HEALTH
(Article 12 of CEDAW)
Article 12 of CEDAW requires the elimination of all forms of discrimination in the field of health and
to ensure womens equal access to health-care services. GR 24 elaborates further. It explains that
the guarantee of health care must be applicable throughout a woman’s life. Thus, protection covers
from as early as sex-selective abortions to the protection of elderly women. The obligation
under Article 12 specifically highlights the various areas of health care requiring attention, such as
Executive summary