English - CEDAW Southeast Asia

CEDAW and the Law:
of discrimination, such as on account of nationality, religion, belief, age, disability, sexual
orientation, and social, economic, health and other status, may aggravate or compound
gender discrimination, and must be addressed, with gender discrimination, in an
interconnected manner.’ A list of examples where these grounds intersect may be useful
in a supplementary legal document to assist implementation. Some examples are
intersection of gender and disability (addressing the needs of women with disabilities
as separate from men with disabilities), gender and age (addressing the needs of elderly
women as separate from elderly men), and gender and economic status (addressing
the needs of poor women as distinct from poor men).
It is also suggested that provisions in other laws must explicitly include non-discrimination
on account of gender. An explicit guarantee in the Ordinance on Elderly
People (No.23/2000/PL-UBTVQH10 of April 28, 2000) (Ordinance on Elderly), Ordinance
of Disabled Persons (No. 06/ 1998 /PL-UBTVQH10 of July 30, 1998) (Ordinance on
Disabled Persons) and Law on HIV/AIDS Prevention and Control (No. 64/2006/QH11 of
June 29, 2006) (Law on HIV/AIDS) that discrimination on the basis of gender must be
incorporated is one way to ensure that gender equality is not ignored and forms part of
the specific law’s application and monitoring.
Laws that provide general clauses on equality must contain explicit statements
that the experience of two or more grounds of discrimination may aggravate or compound
discrimination; and, therefore, they need to be taken into account in the application
of the laws at all times. It is also suggested that subordinate legal documents be
issued on these laws on examples of the intersections of their grounds of discrimination
and gender and ways to address them.
These suggestions will hopefully lead to an opening up of analysis to encompass recognition
of more grounds of disadvantage; and, hence, appropriate and more responsive interventions
can be made.
Therefore, there is obvious need to provide continuous conceptual clarity on the guarantee
of gender equality and gender non-discrimination. By doing so, it will enhance implementation
and application of the law.
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Recommendation: In addition to legal reforms suggested, there is obvious need
for capacity-building - especially for drafters and implementers of legal documents - to
ensure that both the spirit and text of CEDAW becomes evident in general guarantees
of equality and non-discrimination.
V.1.3.2 Prohibition of Discrimination
Indicator 5
Indicator 6
Indicator 7
Is there legislation in place that clearly prohibits gender discrimination
by public authorities
Is there legislation that prohibits gender discrimination by private
persons, enterprises and organizations
Are there sanctions in place for actions or omissions that result in
discrimination Are sanctions heavier if the discriminatory act is committed
by a public official
Review of key legal documents and compliance with CEDAW