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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp
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- UN Human Rights Committee
- UN Committee on Economic, Social and Cultural Rights
- UN Committee against Torture
- UN Committee on the Elimination of Discrimination against Women
- UN Committee on the Elimination of Racial Discrimination
- UN Committee on Migrant Workers
- UN Committee on the Rights of Persons with Disabilities
- UN Committee on Enforced Disappearance
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CCPR/CO/75/VNM
Last reported: 11 and 12 July 2002
Concluding Observations adopted: 19 July 2002
No mention of child rights in particular
Follow up, but no particular reference to child rights
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UN Committee on Economic, Social and Cultural Rights
E/C.12/VNM/CO/2-4
Adopted by the Committee: 28 November 2014
Published by the Committee: 28 November 2014
Issues raised:
Ratification:
The Committee welcomes the State party’s ratification of the Optional Protocols to the Convention on the Rights of the Child, respectively on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, in 2001 (para.3).
Stateless children:
The Committee is concerned that children of the returned marriage immigrants whose legal standing is not resolved remain stateless, and thus cannot enrol in schools or receive other social services. (art. 10)
The Committee recommends that the children of marriage immigrants who remain stateless are recognized and registered, and receive the necessary education, health care and other social services (para. 27).
Labour exploitation:
The Committee notes with concern that economic exploitation of children remains widespread in the State party. (art. 10)
The Committee recommends that the State party act upon the findings of the first National Child Labour Survey to eradicate economic exploitation of children. It also calls on the State party to bring provisions on permissible work for children, such as those contained in the 2013 Circular 11 of the Ministry of Labour, Invalids and Social Affairs, into line with international standards (para.28).
Education:
The Committee notes with concern that access to and quality of education remains limited in remote and mountainous areas and islands where ethnic minorities live, in spite of the notable achievements in education elsewhere in the State party. (art. 15)
The Committee recommends that the State party develop a comprehensive framework and allocate sufficient resources for the provision of quality education for ethnic minority children and children living in remote areas. In this regard, the Committee recommends that the State party: adequately plan related educational personnel needs; increase investment in early education for these children; improve systems for tracking drop-out children and their reintegration in school; implement mother tongue-based bilingual education approaches; strengthen the decentralized management of education (para.32).
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No report available
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UN Committee on the Elimination of Discrimination against Women
CEDAW/C/VNM/CO/7-8
Last reported: 10 July 2015
Concluding Observations adopted: 24 July 2015
Issues raised:
Stereotypes and discriminatory practices: The Committee is concerned about the persistence of patriarchal attitudes and deep-rooted gender stereotypes regarding the roles and responsibilities of women and men in the family and in society which over-emphasize subordinate and caring roles of women and are reflected in practices such as son preference. It also notes with concern the prevalence of harmful practices such as child marriage in certain areas of the State party and about gender bias and gender stereotypes persisting in the media.The Committee recommends that the State party: (a) Adopt comprehensive strategic measures to address the root causes of gender inequality and modify the deeply-entrenched discriminatory gender stereotypes and cultural beliefs that privilege men over women in order to eliminate gender-based discrimination and harmful practices. (b) Reinforce awareness-raising programmes to eliminate gender stereotypes associated with traditional gender roles in the family and in society, targeting officials at all levels, the judiciary and law enforcement personnel, teachers, parents and community leaders, as well as women and men and girls and boys, on the negative effects of harmful practices and discriminatory stereotypes on women's enjoyment of their right, in accordance with articles 2 (f) and 5 (a) of the Convention; (c) Sensitize and cooperate with the media to enhance understanding of the concept of equality of women and men in public and private life and convey positive images of women (Para. 17 & 18).
Violence against women: The Committee welcomes the adoption of the Law on Domestic Violence Prevention and Control in 2007 and the revised Labour Code in 2012 which prohibited sexual harassment at work. However, it is concerned about: (a) The high prevalence of violence against women and girls, including dating violence, violence in public spaces and sexual harassment at the work place, as well as against older women and women in prostitution;..Recalling its general recommendation No. 19 on violence against women, the Committee recommends that the State party:.. (e) Provide mandatory training for judges, prosecutors, lawyers, police officers, health professionals and social workers on the strict application of legal provisions criminalizing violence against women and girls (Para. 18 & 19).
Trafficking and exploitation of prostitution: The Committee welcomes the various efforts made by the State party to combat trafficking in women and girls. However, it notes with concern at: (a) The fact that State party remains a source country for internal and cross-border trafficking in women and children for purposes of sexual and labour exploitation as well as fraudulent internationally brokered marriage; (b) The increase in the number of trafficked girls and reports of trafficking in new born babies; (c) The very low conviction rates under the Anti-Trafficking Law; (d) Stigmatization and administrative penalties imposed on women and girls in prostitution; and (e) The lack of effective national mechanisms for the referral of victims of trafficking to rehabilitation and reintegration assistance. The Committee recommends that the State party: (a) Carry out a study to investigate the scope, extent and root causes of trafficking in women and girls for sexual and labour exploitation, both within the country and abroad, including through the systematic collection and analysis of data on sexual and labour exploitation of women and girls; (b) Take effective measures to eliminate the root causes of trafficking and prostitution, including poverty, in order to eliminate vulnerability of women and girls to such exploitation; (c) Review the Law on Administrative Violations Sanctions (2012) and the Law on Administrative Penalties (2012), with a view to decriminalizing women in prostitution; (d) Take measures to prevent and eliminate child prostitution and to ensure that perpetrators of child prostitution are prosecuted and adequately punished and that girls in prostitution are not treated as offenders but as victims; (e) Develop effective referral mechanisms and ensure that victims of trafficking are swiftly identified, fully informed of available services and their entitlements, and adequately protected and supported, including through rehabilitation and social reintegration; (f) Raise awareness among women at risk of trafficking and protect them by regulating and inspecting fraudulent internationally brokered marriages and strengthening bilateral cooperation to reduce vulnerabilities of women married to foreign nationals; (g) Enhance international, regional and bilateral cooperation to prevent trafficking and harmonize legal procedures aimed at the prosecution and punishment of traffickers (Para. 20 & 21).
Education: The Committee notes with concern that: (a)There is a lack of monitoring and insufficient resources for the education sector. (b) Discriminatory gender biases and stereotypes are perpetuated in education materials; (c) Girls are segregated in traditional fields of study; (d) Girls belonging to ethnic minorities have limited access to all levels of education. The Committee recommends that the State party: (a) Develop a monitoring and evaluation framework for the implementation of the Education Sector Action Plan with sufficient resources from the national budget; (b) In the ongoing revision of educational materials, ensure that discriminatory stereotypes are removed from all school text books, teaching materials and curricula; (c) Intensify its efforts aimed at diversifying academic and vocational choices for women and men and take further measures to encourage girls and boys to choose non-traditional fields of education; (d) Reduce illiteracy and school dropout rates and increase access to secondary and tertiary level of education among girls belonging to ethnic minorities, including through the provision of bilingual education and scholarships and subsidies. (Para. 26 & 27).
Migrant women workers: The Committee notes that the internal and cross-border migration has rapidly increased in recent years. In this context, the Committee is concerned that: (a) Internal migrant workers, including women and girls, face barriers in accessing basic social services guaranteed to all Vietnamese citizens; (b) Migrant women and girls, especially women domestic workers, are subject to a high risk of sexual and labour exploitation; (c) Women and girls migrating abroad are often victimized by fraudulent recruitment agencies and brokers for international marriage; (d) Migrant women who are victims of exploitation and violence face barriers in filing complaints and accessing justice. The Committee recommends that the State party: (a) Designate an agency responsible for the protection of migrants, including those who migrate outside of official migration programmes; (b) Ensure that internal migrants and their families, including those who are not registered in the household registration system (hộ khẩu), enjoy all the rights that are guaranteed to all Vietnamese citizens; (c) Strengthen the inspection of workplaces, including private households; (d) Adopt legislation for the protection of domestic workers and consider ratifying ILO Convention No. 189 on domestic workers; (e) Ensure the regulation and monitoring of recruitment agencies and marriage brokers; (f) Revise the Law on Vietnamese Guest Workers Working Abroad Under Contract (2007) to make it gender-sensitive and responsive to the specific needs of migrant women and girls; (g) Raise awareness of and provide information to women and girls, in particular those in rural areas, on the risks that they may face and on the remedies available in case they face human rights violations (Para. 30 & 31).
Health: The Committee commends the State party for the progress made in reducing the maternal and child mortality rates and in the achievement of Millennium Development Goal 5. Nevertheless, the Committee notes with concern;(a) The imbalance of sex ratio at birth arising from strong preference for male offspring which results in the sex selection of foetuses; (b) That the maternal mortality rate remains high in rural and mountainous areas and among ethnic minority women; (c) The high abortion rate among adolescents; (d) The increase in number of women in long-term sexual relationships infected with HIV/AIDS by their male partners and stigma and discrimination against women living with HIV..The Committee recommends that the State party: (a) Take measures to prevent sex selection of foetuses. (b) In the new Population Law, fully guarantee the rights of women and men to freely and responsibly decide on the number and spacing of their children without distinction of any kind, including their sex, disability, health, economic or social status and ethnicity; (c) Ensurethat women and girls, as well as men and boys have access to free, age-appropriate and quality information on sexual and reproductive health and to affordable family planning services and contraceptive, regardless of their marital status, disability, ethnicity or geographical location. Sterilization and use of contraceptive should be made based on full informed consent and voluntary will of women and girls concerned; (d) Enhance efforts to reduce maternal mortality in rural areas and among women from ethnic minorities by improving their access to basic pre- an ante-natal care, emergency obstetric care and presence of skilled birth attendants at births. To that end, the State party is encouraged to consider the Technical Guidance of the Office of the United Nations High Commissioner on Human Rights on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22 and corr. 1 and 2); (e) Introduce age-appropriate education on sexual and reproductive health in school curricula and facilitate access by adolescent girls and boys to contraceptives, as well as to quality reproductive health services, assistance and counselling; (f) Strengthen enforcement of the Law on HIV Prevention and Control (2006) to address stigma and discrimination against women living with HIV and raise awareness of men, including those with risk behaviours and those living with HIV, on their role in reducing transmission of HIV to their sexual partners (Para. 32 & 33).
Marriage and family relations: The Committee is concerned that: (a) The legal age for marriage remains lower for women than men; (b) The economic rights of women in de facto unions are not recognized, including upon the dissolution of their relationships, under the Law on Marriage and Family Law (2014). The Committee recommends the State party: (a) Review the Law on Family and Marriage with a view to set the same minimum age for marriage for women and men in line with article 16 of the Convention and the Committee’s general recommendation 21 on equality in marriage and family relations; (b) Consider the situation of women in de facto unions, and of the children resulting from them, and take the necessary measures, including by amending the Law on Marriage and Family, to ensure the protection of their economic rights, including upon the dissolution of their relationships in accordance with general recommendation No. 29 on economic consequences of marriage, family relations and their dissolution (Para. 40 & 41).
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CEDAW/C/VNM/CO/6
Last reported: 17 January 2007
Concluding Observations adopted: Not stated
Gender equality: While welcoming the adoption of the new Law on Gender Equality as an improvement of the legal regime and the implementation of the Convention as well as other legal and policy measures that have been put in place in different areas in recent years to eliminate discrimination against women and girls and to promote gender equality, the Committee regrets that the State party did not provide sufficient information or data on the actual impact of these laws and measures and the extent to which they have resulted in accelerating the advancement of women and girls and their enjoyment of their human rights in all areas covered by the Convention. (para. 8)
The Committee recommends that the State party focus on the implementation of existing laws and policies by: setting clearly defined and time-bound targets; systematically collecting and analysing data; monitoring impact, trends over time and progress towards realising goals and objectives, and results achieved; and allocating sufficient human and financial resources for the effective enforcement of existing laws. With regard to the Convention and the new Law on Gender Equality, the Committee encourages the State party to: ensure their wide dissemination within the country, including their translation into minority languages, in particular among policymakers across all sectors, mass organisations, civil society and the media; take measures towards the speedy harmonisation of existing legislation with the objectives of the Convention and the Law on Gender Equality, particularly in the areas of employment, social security, education, the representation of women in political and decision-making bodies and within the public administration and health- care services; and report in its next periodic report on the progress made. With regard to the Land Law, the Committee calls upon the State party to take the necessary steps to remove any administrative obstacles that may prevent the issuance of joint land use certificates to husbands and wives, particularly in rural areas. (para. 9)
Stereotypes: The Committee reiterates its concern about the persistence of patriarchal attitudes and deep-rooted stereotypes, including the preference for male offspring, regarding the roles and responsibilities of women and men within the family and society at large. These stereotypes present a significant obstacle to the implementation of the Convention, are a root cause of violence against women and put women in a disadvantaged position in a number of areas, including in the labour market and in political and public life. (para. 12)
The Committee recommends that the State party take measures to bring about changes in traditional patriarchal attitudes and in gender-role stereotyping. Such measures should include awareness-raising and public educational campaigns addressing women and girls as well as men and boys, with a view to eliminating stereotypes associated with traditional gender roles in the family and in society, in accordance with articles 2 (f) and 5 (a) of the Convention. Special attention should be given to the role of the media in perpetuating such stereotypes, as well as their role in contributing to a social and cultural change towards an environment that is supportive of gender equality. The Committee recommends, in particular, that the Convention be translated into those ethnic minority languages with their own alphabets and that radio programmes in the languages of ethnic minorities, among other forms of media, be used in regularly disseminating information on the Convention and on gender equality. (para. 13)
Domestic violence: Although the Committee welcomes the drafting of a new bill on domestic violence, it continues to be concerned about the lack of information and data on all forms of violence against women and girls, the insufficient information on measures taken to prevent and combat violence against women, including services provided to victims, and the prosecution and punishment of perpetrators of all forms of violence. (para. 16)
In accordance with its general recommendation 19, the Committee reiterates its recommendation that the State party give high priority to putting in place comprehensive measures to address all forms of violence against women and girls, including through the speedy adoption of the law on domestic violence. Such measures should ensure that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished. The Committee urges the State party to conduct research on the prevalence, causes and consequences of all forms of violence against women, including domestic violence, to serve as the basis for comprehensive and targeted intervention. The Committee repeats its recommendation that the State party continue and increase the implementation of educational and awareness-raising measures aimed at law enforcement officials, the judiciary, health-care providers, social workers, community leaders and the general public, in order to ensure that they understand that all forms of violence against women and girls are unacceptable. It also recommends the establishment of a sufficient number of crisis centres, including shelters for victims of violence, in both urban and rural areas. (para. 17)
Trafficking: The Committee welcomes a number of measures, including the Ordinance on the Prevention and Suppression of Prostitution, bilateral and multilateral agreements and the Action Plan for the Prevention and Suppression of Trafficking in Women and Girls, but is concerned about the persistence of trafficking in women and girls and the exploitation of prostitution, both within the country and to other countries. The Committee is also concerned about the low rates of prosecution and conviction of traffickers and of others who exploit the prostitution of women. The Committee also notes with concern reports that trafficked women and girls face problems in enjoying their citizenship rights when returning to Viet Nam, as well as in conveying citizenship to their children born abroad. It is also concerned about reports that rehabilitation measures, such as administrative camps, may stigmatize girls and young women victims of prostitution and deny them due process rights. In addition, the Committee is concerned about the lack of systematic data collection on the phenomenon of trafficking and exploitation of prostitution. (para. 18)
The Committee urges the State party to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementary to the United Nations Convention against Transnational Organized Crime, and to intensify its efforts to combat all forms of trafficking in women and girls, including by enacting specific and comprehensive legislation on the phenomenon. The Committee further calls upon the State party to increase its efforts at international, regional and bilateral cooperation to address more effectively the causes of trafficking, and to improve its efforts to prevent trafficking through information exchange. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers and ensure the protection of the human rights of trafficked women and girls. It urges the State party to pursue a holistic approach aimed at addressing the root causes of trafficking and improving prevention. Such efforts should include measures to improve the economic situation of women and girls and to provide them with educational and economic opportunities, thereby reducing and eliminating their vulnerability to exploitation and traffickers. It should also facilitate the reintegration into society of women and girls who are victims of exploitation and trafficking, including children born to Vietnamese women abroad, by ensuring that they are neither criminalised nor penalised and fully enjoy their human rights. It should also enhance rehabilitation, social integration and economic empowerment programmes. (para. 19)
Access to education: While noting progress towards reaching high levels of literacy in the country, the Committee notes with concern that a high proportion of girls still drop out of school and that girls in rural and remote areas do not have full access to education. (para. 20)
The Committee urges the State party to take all appropriate measures to eliminate the disparity in school enrolment rates and to achieve universal primary education for girls in accordance with article 10 of the Convention, the strategic objectives and actions of the Beijing Declaration and Platform for Action and Millennium Development Goals 2 and 3. It urges the State party to address effectively the obstacles that prevent girls from continuing their education, such as family responsibilities and the cost of education. It also recommends that teacher training programmes at all levels integrate the principles of gender equality and non-discrimination on the grounds of sex. The Committee also calls on the State party to support education programmes on the culture of ethnic minority groups. (para. 21)
Sexual and reproductive health: The Committee expresses its concern about women's limited access to sexual and reproductive health-care services, and about the very high rate of abortions, in particular among adolescent and young women. The Committee is also concerned about the increase in HIV/AIDS infections among women. (para. 24)
The Committee urges the State party to take concrete measures to enhance women's access to health care, in particular to sexual and reproductive health services, in accordance with article 12 of the Convention and the Committee's general recommendation 24 on women and health. It requests the State party to strengthen measures aimed at the prevention of unwanted pregnancies, including through improved availability, acceptability and use of modern means of birth control, in order to eliminate the use of abortion as a method of family planning. The Committee recommends that the State party give priority attention to the sexual and reproductive health needs of adolescent and young women and men and that it provide age-appropriate sex education, including in school curricula, with special attention to the prevention of early pregnancies and sexually transmitted diseases and HIV/AIDS. The Committee also calls on the State party to ensure the effective implementation of its national strategy on the prevention and control of HIV/AIDS, including improved access to antiretroviral drugs, protection and care for babies born with HIV and training for medical personnel. (para. 25)
Minimum age of marriage: The Committee is concerned about the differential minimum legal age for marriage for women and men as well as about reports on underage marriages of girls, which limit their development and opportunities to fully develop their skills and capacities, especially in some ethnic minority areas. (para. 26)
The Committee urges the State party to set the same minimum age of marriage for women and men at 18 years, in line with article 1 of the Convention on the Rights of the Child and article 16 of the Convention and the Committee's general recommendation 21 on equality in marriage and family relations. It also calls on the State party to take measures to prevent and stop underage marriages. (para. 27)
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UN Committee on the Elimination of Racial Discrimination
CERD/C/VNM/CO/10-14
Last reported: 21 and 22 February 2012 Concluding Observations published: 16 April 2012
Issues raised and recommendations given:
Education: The Committee is concerned at disparities in the access to and quality of education, as well as in education outcomes, between majority Kinh students and ethnic minority students. The Committee also regrets the high illiteracy and school dropout rates among members of ethnic minorities, in particular minority women and girls. Furthermore, the Committee is concerned at the limited access to mother-tongue-based education for ethnic minorities (art. 5 (e)).
The Committee recommends that the State party take vigorous measures to ensure equal enjoyment of the right to education by, inter alia, increasing the financial assistance provided for students from economically disadvantaged families in all communities, and improving the quality of teaching and the curriculum. Furthermore, the State party should: increase the provision of bilingual education programmes for ethnic minority children and of training in local languages for Kinh teachers in ethnic minority areas; recruit more ethnic minority teachers; allow ethnic minority languages to be taught and used as a medium of instruction in schools; and support education programmes on the culture of ethnic minority groups. (Para. 14)
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Last reported: 8 and 9 August 2001
Concluding Observations adopted: 15 August 2001
No mention of child rights in particular
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UN Committee on Migrant Workers
No report available
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UN Committee on the Rights of Persons with Disabilities
No report available
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UN Committee on Enforced Disappearances
No report available