English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
ticular through national tribunals or public institutions. This includes a variety of measures to
be undertaken to enable women to access justice and address acts of discrimination.
Procedures must be in place for filing of cases of discrimination. Procedures must be womenfriendly
and ensure that effective remedies are provided. In this case, it is important to assess
how conciliation or mediation is handled. These procedures must not work to discourage or
deprive women of their right to an effective redress for violations of their rights. Remedies must
address the whole range of needs of the victim or survivor. In many cases, a penal sanction
for the accused is not the effective or sole remedy being sought by the victim or survivor; for
example, a victim or survivor may require compensation, restitution, reparation, protection
from harm, medical treatment, rehabilitation or counselling. CEDAW requires that this be
addressed.
Legal assistance must be provided to women to enable them to access judicial or
administrative institutions. Legal assistance must extend beyond representation in court to
provide women with legal education and advice on their rights, remedies for violations, options
available and consequences for choosing particular options.
Lastly, CEDAW does not provide any distinction between local and foreign women in its
scope. Hence, both local and foreign women must be protected by the State Party from discrimination.
The selected indicators for the legal protection of women are:
Indicator 9
Indicator 10
Indicator 11
Indicator 12
Is there a right to seek redress in cases of discrimination
Are current criminal, civil and administrative procedures able
to handle appropriately cases of gender discrimination Are there
legal documents that provide specific guidance in the handling
of cases of discrimination
Is there a guarantee of legal aid for cases of gender discrimination
Is there a guarantee of legal aid for women
Is conciliation, mediation or negotiation required by law to settle
disputes in all cases
Indicator 13
Is protection against gender discrimination extended to foreigners
V.1.2.4 Institutions and Mechanisms for Implementation and Monitoring
CEDAW requires that public authorities and institutions conform to their obligation to refrain
from discrimination. 136 It also requires that State Parties take all appropriate means in all fields,
in particular in the political, social, economic and cultural fields, including legislation, to ensure
the full development and advancement of women. 137
67
In relation to this, CEDAW General Recommendation No. 9: Statistical Data concerning
the Situation of Women (1989) (GR 9) recommends that effective national machinery or pro-
136
Ibid., Article 2(d)
137
Ibid., Article 3
General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)