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CEDAW and the Law: Paragraph 24 of GR 19 enumerates the recommendations of the CEDAW Committee relating to GBV to guide implementation. In Concluding Comments on Viet Nam 2007, the CEDAW Committee welcomed the bill on domestic violence, but expressed its concern on the lack of information on all forms of GBV experienced by women, the services being provided to victims, and prosecution for such offences. 143 The CEDAW Committee provided recommendations on measures that need to be undertaken in Paragraph 17 of GR 19, which include immediate means of redress, prosecution and punishment of perpetrators, further research on GBV, increase education programs, and establishment of crisis centres and shelters for victims. In view of this, the selected indicators are: Indicator 22 Gender-Based Violence Indicator 22(a) Indicator 22(b) Indicator 22(c) Indicator 22(d) Is GBV prohibited by law How is ‘gender-based violence’ defined What sanctions are in place for perpetrators What measures are in place for victims of GBV Indicator 22(e) Indicator 23 Does the law mandate inter-agency cooperation to address GBV Is there a clear designation of coordinated and individual responsibilities of State agencies to address GBV Domestic Violence 70 Indicator 23(a) Indicator 23(b) Indicator 23(c) Indicator 23(d) Indicator 23(e) Indicator 23(f) Indicator 23(g) Is domestic violence prohibited by law How is ‘domestic violence’ defined What measures are mandated by law to address the needs of victims of domestic violence What interim or permanent measures are put in place for the protection of victims What sanctions and/or measures are imposed against the per petrator of domestic violence Does the law encourage/require conciliation or mediation for domestic violence cases Is there a duty to ascertain the pres ence/absence of domestic violence during conciliation or mediation What proce dures are in place if one party to con ciliation or mediation is a victim of domestic violence Is legal assistance available to victims of domestic violence Does the law mandate inter-agency cooperation to address domestic violence Is there a clear designation of coordinated and individual responsibilities of State agencies to address domestic violence 143 Concluding Comments on Viet Nam 2007, Paragraphs 16-17 Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW Indicator 24 Rape and other Forms of Sexual Assault Indicator 24(a) Indicator 24(b) Indicator 24(c) Indicator 24(d) Indicator 24(e) Indicator 24(f) Are rape and other forms of sexual assault prohibited How are ‘rape’ and ‘other forms of sexual assault’ defined Do their definitions include broad range of sexual assault acts Does consent of a child to sexual acts operate as a defence in the crimes of rape and other forms of sexual abuse Is marital rape an offence Are prosecutions for rape and other forms of sexual assault only possible if consented to by the victim Are prosecutions for rape and other forms of sexual assault discontinued if the victim withdraws the complaint, forgives or marries the accused Is there a prohibition on the use of prior sexual conduct to establish consent to sexual acts Indicator 24(h) Indicator 25 Incest Is there a requirement of corroboration to prosecute cases of rape and/or other forms of sexual assault Indicator 25(a) Indicator 25(b) Indicator 25(c) Indicator 25(d) Is incest prohibited How is ‘incest’ defined What forms of redress are provided to victims of incest Are sanctions are in place for perpetrators Indicator 26 Stalking Indicator 26(a) Indicator 26(b) Indicator 26(c) Indicator 26(d) Is stalking prohibited How is ‘stalking’ defined What forms of redress are provided to victims of stalking Are sanctions are in place for perpetrators In relation to other forms of GBV, such as trafficking, sexual harassment, forced and early marriage and forced sterilization, they are listed under their respective sections; for example, trafficking and exploitation of prostitution, employment and marriage and family life. 71 V.1.3 RELEVANT LEGAL PROVISIONS V.1.3.1 Guarantee of Equality and Non-Discrimination Indicator 1 Is there a guarantee of equality and non-discrimination on the basis of sex or gender in the Constitution and/or legal documents There are guarantees of equality and non-discrimination on the basis of sex and gender in the Constitution and/or legal documents. General undertakings to eliminate discrimination and ensure equality (Articles 1-3 of CEDAW)
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UNIFEM is the women's fund at the U
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ACKNOWLEDGEMENTS The author wishes
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CEDAW and the Law: III.2.2 Non-Disc
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CEDAW and the Law: V.2.1.2 General
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CEDAW and the Law: Indicator 65(a)
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CEDAW and the Law: V.13 Marriage an
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ABBREVIATIONS Circular on Female La
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CEDAW and the Law: Decree on Labour
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CEDAW and the Law: Investment Law J
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CEDAW and the Law: National Strateg
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PREFACE Gender inequality is at the
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INTRODUCTION RATIONALE A gendered a
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CEDAW and the Law: agencies and Hea
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CEDAW and the Law: LIMITATIONS Ther
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CEDAW and the Law: into whether the
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CEDAW and the Law: Civil Code, Civi
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CEDAW and the Law: Postponement, te
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CEDAW and the Law: It is suggested
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CEDAW and the Law: Article 36 of th
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CEDAW and the Law: dling of domesti
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CEDAW and the Law: indicators for t
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CEDAW and the Law: TRAFFICKING 7 Tr
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CEDAW and the Law: People’s Counc
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CEDAW and the Law: is experienced p
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CEDAW and the Law: (i) require heal
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CEDAW and the Law: In relation to m
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CEDAW and the Law: guilt over the p
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CEDAW and the Law: Paragraph 15 The
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CEDAW and the Law: ment to cover th
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CEDAW and the Law: Article 5: Inter
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: GR 23: Political
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CEDAW and the Law: There are also a
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CEDAW and the Law: Article 23: Info
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CEDAW and the Law: of GBV, publishi
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CEDAW and the Law: other forms of s
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CEDAW and the Law: measures for rei
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CEDAW and the Law: Indicator 44 Wha
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CEDAW and the Law: anti-trafficking
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CEDAW and the Law: dren; 299 having
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CEDAW and the Law: an explicit prov
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CEDAW and the Law: by an insensitiv
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CEDAW and the Law: Indicator 45 Is
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CEDAW and the Law: manner; (d) more
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CEDAW and the Law: (1) Officials, p
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CEDAW and the Law: treatment and he
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CEDAW and the Law: Specific respons
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CEDAW and the Law: V.5 POLITICAL AN
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CEDAW and the Law: (b) Women’s en
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CEDAW and the Law: lic boards and l
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CEDAW and the Law: vides that consu
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CEDAW and the Law: Practical measur
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CEDAW and the Law: tutions. The SED
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CEDAW and the Law: tries show that
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CEDAW and the Law: among the pol
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CEDAW and the Law: 1957 on Enacting
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CEDAW and the Law: (3) Election and
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CEDAW and the Law: 192 The Law on V
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CEDAW and the Law: V.7.1.3 Concludi
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CEDAW and the Law: V.7.3 RELEVANT L
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CEDAW and the Law: Article 14(3
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CEDAW and the Law: In some localiti
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CEDAW and the Law: disabled and han
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CEDAW and the Law: It is suggested
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CEDAW and the Law: Socialization) p
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CEDAW and the Law: clear legal prov
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CEDAW and the Law: V.8 EMPLOYMENT (
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CEDAW and the Law: Sexual harassmen
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CEDAW and the Law: More importantly
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CEDAW and the Law: Further elaborat
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CEDAW and the Law: To implement thi
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CEDAW and the Law: biologically inc
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CEDAW and the Law: of women will be
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CEDAW and the Law: women, are oblig
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CEDAW and the Law: improve health a
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CEDAW and the Law: provide appropri
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CEDAW and the Law: affects the righ
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CEDAW and the Law: for women, and t
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CEDAW and the Law: Article 111 of t
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CEDAW and the Law: Contraceptive me
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CEDAW and the Law: Article 115 of
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CEDAW and the Law: servant with tra
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CEDAW and the Law: V.9 HEALTH (ARTI
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CEDAW and the Law: menstrual cycle,
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CEDAW and the Law: particularly vul
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CEDAW and the Law: education and re
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CEDAW and the Law: Of particular co
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CEDAW and the Law: Assessment of Vi
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CEDAW and the Law: Second, the Stra
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CEDAW and the Law: health-care netw
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CEDAW and the Law: Indicator 86 Are
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CEDAW and the Law: Indicator 87 Is
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CEDAW and the Law: reducing the rat
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CEDAW and the Law: percent, of peop
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CEDAW and the Law: HIV/AIDS and the
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CEDAW and the Law: to 0.5 percent.
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CEDAW and the Law: The Law on HIV/A
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CEDAW and the Law: (2) Diagnosing t
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CEDAW and the Law: V.10 ECONOMIC AN
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CEDAW and the Law: including: (i) t
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CEDAW and the Law: personnel, finan
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CEDAW and the Law: Nevertheless, th
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CEDAW and the Law: Paragraph 24(o)
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CEDAW and the Law: the heads of hou
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CEDAW and the Law: stipulation for
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CEDAW and the Law: person intends t
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CEDAW and the Law: This should be r
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CEDAW and the Law: Article 68 of th
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CEDAW and the Law: Paragraph 23 Fam
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CEDAW and the Law: such as raising
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CEDAW and the Law: acquisition, man
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CEDAW and the Law: The Civil Code,
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CEDAW and the Law: Birth registrati
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CEDAW and the Law: Marriage and Fam
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CEDAW and the Law: well as those es
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CEDAW and the Law: Personal propert
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CEDAW and the Law: to choose family
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CEDAW and the Law: population quali
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CEDAW and the Law: The Decree on Po
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CEDAW and the Law: Contraceptive us
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CEDAW and the Law: of CEDAW that pr
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CEDAW and the Law: The quality of p
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CEDAW and the Law: as provide for t
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Appendix I: LIST OF 150 INDICATORS
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CEDAW and the Law: permanent measur
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CEDAW and the Law: Indicator 40 Ind
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Appendix II: LIST OF REFERENCES I.
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CEDAW and the Law: II. LIST OF VIET
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CEDAW and the Law: Ordinance on Ex
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CEDAW and the Law: National Strat
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CEDAW and the Law: Sustainable
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CEDAW and the Law: Reeri
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APPENDIX III: CONVENTION ON THE ELI
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CEDAW and the Law: (d) To refrain f
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CEDAW and the Law: (f) The reductio
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CEDAW and the Law: PART IV Article
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CEDAW and the Law: for the effectiv
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CEDAW and the Law: Secretary-Genera
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English - CEDAW Southeast Asia

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