English - CEDAW Southeast Asia

More documents

Recommendations

Info

II. THE POLITICAL AND LEGAL FRAMEWORK OF VIET NAM II.1 STRUCTURES OF GOVERNANCE Viet Nam’s structure of government is provided for in the Vietnam Constitution (1992), as amended by Resolution No. 51/2001/QH10 of December 25, 2001 (Constitution). The Constitution states: “The Socialist Republic of Viet Nam is a law-governed socialist State of the people, by the people and for the people.” 16 The Constitution further states: “Democratic centralism is the principle that governs the organization and activity of the National Assembly, the People’s Councils and all other State organs.” 17 II.1.1 THE NATIONAL ASSEMBLY 38 The National Assembly is the highest representative body of the people as well as the highest organ of State power. 18 It is a unicameral entity and its deputies are elected according to regional constituencies every five years. 19 The number of deputies in the National Assembly is established by law. 20 Presently, it is composed of 493 deputies working on full-time or part-time bases. The number of full-time deputies must account for at least 25 percent of the total number of deputies. 21 The National Assembly holds two sessions each year or when required by the State President, Prime Minister, one third of its total membership or the National Assembly itself. 22 The National Assembly is the only State organ vested with constitutional and legislative powers. It has the obligation and power to: (a) draft or amend the Constitution; (b) make and amend laws; (c) exercise supreme control over conformity of the laws and resolutions of the National Assembly with the Constitution; (d) abrogate all formal written documents issued by the State President, Standing Committee of the National Assembly (Standing Committee), Government, Prime Minister, Supreme People’s Court (SPC) and Supreme People’s Procuracy (SPP) that run counter to the Constitution or laws and resolutions of the National Assembly; (e) set up or abolish Government ministries and ministerial organs; (f) decide on fundamental external policies, including to ratify or denounce international treaties signed or acceded to by the President or at the President’s proposal; and (g) elect or remove from office the State President, Vice State Presidents, Prime Minister, Chief Justice of the SPC and Director-General of the SPP. 23 16 Constitution, Article 2 17 Ibid., Article 6 18 Constitution, Article 83; Law on Organization of the National Assembly (No. 30/2001/QH10 of December 25, 2001) amended on 2 April 2007 (Law on National Assembly Organization), Article 1 19 Constitution, Article 85; Law on National Assembly Organization, Article 3 20 Constitution, Article 85 21 Law on Organization of National Assembly, Article 45 22 Constitution, Article 85; Law on National Assembly Organization, Article 62 23 Constitution, Article 84; Law on National Assembly Organization, Article 7 <strong>CEDAW</strong> and the Law:
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of <strong>CEDAW</strong> The Standing Committee is the permanent body of the National Assembly. 24 It is composed of the National Assembly Chairperson as its head, the Vice Chairpersons of the National Assembly as its deputy heads, and other members. 25 The members of the Standing Committee must work full-time, and they must not be concurrently a member of the Government. 26 The Standing Committee has, among others, tasks and powers to: (a) prepare and convene National Assembly sessions; (b) interpret the Constitution, law and ordinances; (c) enact ordinances on matters entrusted to it by the National Assembly; (d) exercise supervision and control over the implementation of the Constitution, laws and resolutions of the National Assembly and resolutions of the Standing Committee; (e) supervise the activities of the Government, SPC and SPP, including to suspend their formal written documents that contravene the Constitution and laws and resolutions of the National Assembly, and to submit such to the National Assembly for abrogation; and (f) supervise activities of the People’s Councils, annul its resolutions where required, and disband them when they cause serious harm. 27 The National Assembly sets up a Council of Ethnic Minorities and other committees to assist it in its work. The Council of Ethnic Minorities is specifically provided for in the 28 Constitution and is tasked to: (a) make proposals on issues concerning nationalities; and (b) supervise the implementation of policies on nationalities and execution of programmes and plans for socio-economic development of the highlands and regions inhabited by national minorities. The other committees of the National Assembly are the: (a) Law Committee; (b) 29 Judicial Committee; (c) Economic Committee; (d) Finance and Budgetary Committee; (e) Defense and Security Committee; (f) Committee for Culture, Education, Youth and Children; (g) Committee for Social Affairs; (h) Committee for Science, Technology and Environment; and (i) External Relations Committee. 30 II.1.2 THE STATE PRESIDENT The State President is the Head of State, is elected by the National Assembly and is responsible to it. 31 The State President promulgates the Constitution, laws and decree-laws, and has overall command of the armed forces. 32 The State President can, based on resolutions of the National Assembly, appoint or dismiss Deputy Prime Ministers, Ministers and other members of the Government, and propose to the National Assembly to elect, release from duty or remove from office the Vice President, Prime Minister, Chief Justice of the SPC and Director- General of the SPP. 33 The State President has the power to appoint and recall Viet Nam’s ambassadors, accept foreign ambassadors, negotiate and conclude international agreements in the name of the State and to submit international agreements for ratification or decision when required. 34 39 24 Constitution, Article 90; Law on National Assembly Organization, Article 6 25 Constitution, Article 90; Law on National Assembly Organization, Article 6 26 Constitution, Article 90; Law on National Assembly Organization, Article 6 27 Constitution Article 91, Law on National Assembly Organization, Article 7 28 Constitution, Articles 94 and 95 29 Ibid., Article 94; Law on National Assembly Organization, Article 26 30 Law on National Assembly Organization, Article 22 31 Constitution, Article 101 32 Ibid., Articles 103(1) and 103(2) 33 Ibid., Article 103(3) 34 Ibid., Article 103(10) The political and legal framework of Viet Nam
Page 2 and 3:
UNIFEM is the women's fund at the U
Page 4 and 5:
ACKNOWLEDGEMENTS The author wishes
Page 6 and 7:
CEDAW and the Law: III.2.2 Non-Disc
Page 8 and 9:
CEDAW and the Law: V.2.1.2 General
Page 10 and 11:
CEDAW and the Law: Indicator 65(a)
Page 12 and 13:
CEDAW and the Law: V.13 Marriage an
Page 14 and 15:
ABBREVIATIONS Circular on Female La
Page 16 and 17: CEDAW and the Law: Decree on Labour
Page 18 and 19: CEDAW and the Law: Investment Law J
Page 20 and 21: CEDAW and the Law: National Strateg
Page 22 and 23: PREFACE Gender inequality is at the
Page 24 and 25: INTRODUCTION RATIONALE A gendered a
Page 26 and 27: CEDAW and the Law: agencies and Hea
Page 28 and 29: CEDAW and the Law: LIMITATIONS Ther
Page 30 and 31: CEDAW and the Law: into whether the
Page 32 and 33: CEDAW and the Law: Civil Code, Civi
Page 34 and 35: CEDAW and the Law: Postponement, te
Page 36 and 37: CEDAW and the Law: It is suggested
Page 38 and 39: CEDAW and the Law: Article 36 of th
Page 40 and 41: CEDAW and the Law: dling of domesti
Page 42 and 43: CEDAW and the Law: indicators for t
Page 44 and 45: CEDAW and the Law: TRAFFICKING 7 Tr
Page 46 and 47: CEDAW and the Law: People’s Counc
Page 48 and 49: CEDAW and the Law: NATIONALITY (Art
Page 50 and 51: CEDAW and the Law: where students a
Page 52 and 53: CEDAW and the Law: security, benefi
Page 54 and 55: CEDAW and the Law: support for the
Page 56 and 57: CEDAW and the Law: 104, 110, 121, 1
Page 58 and 59: CEDAW and the Law: document focusin
Page 60 and 61: CEDAW and the Law: Law on Gender Eq
Page 62 and 63: CEDAW and the Law: PROTECTION FOR M
Page 64 and 65: CEDAW and the Law: as ethnic minori
Page 68 and 69: CEDAW and the Law: II.1.3 THE GOVER
Page 70 and 71: CEDAW and the Law: The Law on the O
Page 72 and 73: CEDAW and the Law: The major mass o
Page 74 and 75: CEDAW and the Law: ‘Legal documen
Page 76 and 77: CEDAW and the Law: tation of the tr
Page 78 and 79: CEDAW and the Law: report, a delega
Page 80 and 81: CEDAW and the Law: One common manif
Page 82 and 83: CEDAW and the Law: Indirect discrim
Page 84 and 85: CEDAW and the Law: modifying or ab
Page 86 and 87: V. REVIEW OF KEY LEGAL DOCUMENTS AN
Page 88 and 89: CEDAW and the Law: 2. Other measure
Page 90 and 91: CEDAW and the Law: (m) States parti
Page 92 and 93: CEDAW and the Law: overcoming under
Page 94 and 95: CEDAW and the Law: crimination must
Page 96 and 97: CEDAW and the Law: cedures be estab
Page 98 and 99: CEDAW and the Law: Paragraph 24 of
Page 104 and 105: CEDAW and the Law: hand, the defini
Page 106 and 107: CEDAW and the Law: of discriminatio
Page 108 and 109: CEDAW and the Law: lic servants are
Page 110 and 111: CEDAW and the Law: individuals lega
Page 112 and 113: CEDAW and the Law: Fourth, Article
Page 114 and 115: CEDAW and the Law: Protection The r
Page 116 and 117:
CEDAW and the Law: the case due to
Page 118 and 119:
CEDAW and the Law: which have condu
Page 120 and 121:
CEDAW and the Law: Confrontation In
Page 122 and 123:
CEDAW and the Law: agencies. Denunc
Page 124 and 125:
CEDAW and the Law: As earlier menti
Page 126 and 127:
CEDAW and the Law: There are legal
Page 128 and 129:
CEDAW and the Law: Added criteria r
Page 130 and 131:
CEDAW and the Law: (5) To play the
Page 132 and 133:
CEDAW and the Law: (3) To direct an
Page 134 and 135:
CEDAW and the Law: in many cases, n
Page 136 and 137:
CEDAW and the Law: In a matrix on
Page 138 and 139:
CEDAW and the Law: Both Article 3 o
Page 140 and 141:
CEDAW and the Law: cially for those
Page 142 and 143:
CEDAW and the Law: 114 the perpetra
Page 144 and 145:
CEDAW and the Law: Obligations and
Page 146 and 147:
CEDAW and the Law: Indicator 23 Dom
Page 148 and 149:
CEDAW and the Law: is experienced p
Page 150 and 151:
CEDAW and the Law: (i) require heal
Page 152 and 153:
CEDAW and the Law: In relation to m
Page 154 and 155:
CEDAW and the Law: guilt over the p
Page 156 and 157:
CEDAW and the Law: Paragraph 15 The
Page 158 and 159:
CEDAW and the Law: ment to cover th
Page 160 and 161:
CEDAW and the Law: Article 5: Inter
Page 162 and 163:
CEDAW and the Law: Recommendation:
Page 164 and 165:
CEDAW and the Law: GR 23: Political
Page 166 and 167:
CEDAW and the Law: There are also a
Page 168 and 169:
CEDAW and the Law: Article 23: Info
Page 170 and 171:
CEDAW and the Law: of GBV, publishi
Page 172 and 173:
CEDAW and the Law: other forms of s
Page 174 and 175:
CEDAW and the Law: measures for rei
Page 176 and 177:
CEDAW and the Law: Indicator 44 Wha
Page 178 and 179:
CEDAW and the Law: anti-trafficking
Page 180 and 181:
CEDAW and the Law: dren; 299 having
Page 182 and 183:
CEDAW and the Law: an explicit prov
Page 184 and 185:
CEDAW and the Law: by an insensitiv
Page 186 and 187:
CEDAW and the Law: Indicator 45 Is
Page 188 and 189:
CEDAW and the Law: manner; (d) more
Page 190 and 191:
CEDAW and the Law: (1) Officials, p
Page 192 and 193:
CEDAW and the Law: treatment and he
Page 194 and 195:
CEDAW and the Law: Specific respons
Page 196 and 197:
CEDAW and the Law: V.5 POLITICAL AN
Page 198 and 199:
CEDAW and the Law: 170 de jure and
Page 200 and 201:
CEDAW and the Law: (b) Women’s en
Page 202 and 203:
CEDAW and the Law: lic boards and l
Page 204 and 205:
CEDAW and the Law: vides that consu
Page 206 and 207:
CEDAW and the Law: Practical measur
Page 208 and 209:
CEDAW and the Law: tutions. The SED
Page 210 and 211:
CEDAW and the Law: tries show that
Page 212 and 213:
CEDAW and the Law: among the pol
Page 214 and 215:
CEDAW and the Law: 1957 on Enacting
Page 216 and 217:
CEDAW and the Law: (3) Election and
Page 218 and 219:
Page 220 and 221:
CEDAW and the Law: 192 The Law on V
Page 222 and 223:
CEDAW and the Law: V.7.1.3 Concludi
Page 224 and 225:
CEDAW and the Law: V.7.3 RELEVANT L
Page 226 and 227:
CEDAW and the Law: Article 14(3
Page 228 and 229:
CEDAW and the Law: In some localiti
Page 230 and 231:
CEDAW and the Law: disabled and han
Page 232 and 233:
CEDAW and the Law: It is suggested
Page 234 and 235:
CEDAW and the Law: Socialization) p
Page 236 and 237:
CEDAW and the Law: clear legal prov
Page 238 and 239:
CEDAW and the Law: V.8 EMPLOYMENT (
Page 240 and 241:
CEDAW and the Law: Sexual harassmen
Page 242 and 243:
CEDAW and the Law: More importantly
Page 244 and 245:
CEDAW and the Law: Further elaborat
Page 246 and 247:
CEDAW and the Law: To implement thi
Page 248 and 249:
CEDAW and the Law: biologically inc
Page 250 and 251:
CEDAW and the Law: of women will be
Page 252 and 253:
CEDAW and the Law: women, are oblig
Page 254 and 255:
CEDAW and the Law: improve health a
Page 256 and 257:
CEDAW and the Law: provide appropri
Page 258 and 259:
CEDAW and the Law: affects the righ
Page 260 and 261:
CEDAW and the Law: for women, and t
Page 262 and 263:
CEDAW and the Law: Article 111 of t
Page 264 and 265:
CEDAW and the Law: Contraceptive me
Page 266 and 267:
CEDAW and the Law: Article 115 of
Page 268 and 269:
CEDAW and the Law: servant with tra
Page 270 and 271:
Page 272 and 273:
CEDAW and the Law: V.9 HEALTH (ARTI
Page 274 and 275:
CEDAW and the Law: menstrual cycle,
Page 276 and 277:
CEDAW and the Law: particularly vul
Page 278 and 279:
CEDAW and the Law: education and re
Page 280 and 281:
CEDAW and the Law: Of particular co
Page 282 and 283:
CEDAW and the Law: Assessment of Vi
Page 284 and 285:
CEDAW and the Law: Second, the Stra
Page 286 and 287:
CEDAW and the Law: health-care netw
Page 288 and 289:
CEDAW and the Law: Indicator 86 Are
Page 290 and 291:
CEDAW and the Law: Indicator 87 Is
Page 292 and 293:
CEDAW and the Law: reducing the rat
Page 294 and 295:
CEDAW and the Law: percent, of peop
Page 296 and 297:
CEDAW and the Law: HIV/AIDS and the
Page 298 and 299:
CEDAW and the Law: to 0.5 percent.
Page 300 and 301:
CEDAW and the Law: The Law on HIV/A
Page 302 and 303:
CEDAW and the Law: (2) Diagnosing t
Page 304 and 305:
CEDAW and the Law: V.10 ECONOMIC AN
Page 306 and 307:
CEDAW and the Law: including: (i) t
Page 308 and 309:
CEDAW and the Law: personnel, finan
Page 310 and 311:
CEDAW and the Law: Nevertheless, th
Page 312 and 313:
CEDAW and the Law: Paragraph 24(o)
Page 314 and 315:
CEDAW and the Law: the heads of hou
Page 316 and 317:
CEDAW and the Law: stipulation for
Page 318 and 319:
CEDAW and the Law: person intends t
Page 320 and 321:
CEDAW and the Law: This should be r
Page 322 and 323:
CEDAW and the Law: Article 68 of th
Page 324 and 325:
CEDAW and the Law: Paragraph 23 Fam
Page 326 and 327:
CEDAW and the Law: such as raising
Page 328 and 329:
CEDAW and the Law: acquisition, man
Page 330 and 331:
CEDAW and the Law: The Civil Code,
Page 332 and 333:
CEDAW and the Law: Birth registrati
Page 334 and 335:
CEDAW and the Law: Marriage and Fam
Page 336 and 337:
CEDAW and the Law: well as those es
Page 338 and 339:
CEDAW and the Law: Personal propert
Page 340 and 341:
CEDAW and the Law: to choose family
Page 342 and 343:
CEDAW and the Law: population quali
Page 344 and 345:
CEDAW and the Law: The Decree on Po
Page 346 and 347:
CEDAW and the Law: Contraceptive us
Page 348 and 349:
CEDAW and the Law: of CEDAW that pr
Page 350 and 351:
CEDAW and the Law: The quality of p
Page 352 and 353:
CEDAW and the Law: as provide for t
Page 354 and 355:
Appendix I: LIST OF 150 INDICATORS
Page 356 and 357:
CEDAW and the Law: permanent measur
Page 358 and 359:
CEDAW and the Law: Indicator 40 Ind
Page 360 and 361:
Page 362 and 363:
Page 364 and 365:
Appendix II: LIST OF REFERENCES I.
Page 366 and 367:
CEDAW and the Law: II. LIST OF VIET
Page 368 and 369:
CEDAW and the Law: Ordinance on Ex
Page 370 and 371:
CEDAW and the Law: 342
Page 372 and 373:
CEDAW and the Law: 344
Page 374 and 375:
CEDAW and the Law: National Strat
Page 376 and 377:
CEDAW and the Law: Sustainable
Page 378 and 379:
CEDAW and the Law: Reeri
Page 380 and 381:
APPENDIX III: CONVENTION ON THE ELI
Page 382 and 383:
CEDAW and the Law: (d) To refrain f
Page 384 and 385:
CEDAW and the Law: (f) The reductio
Page 386 and 387:
CEDAW and the Law: PART IV Article
Page 388 and 389:
CEDAW and the Law: for the effectiv
Page 390 and 391:
CEDAW and the Law: Secretary-Genera
show all

English - CEDAW Southeast Asia

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?