English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
V.2.2 SELECTED INDICATORS
The obligation to put in place temporary special measures in Article 4(1) of CEDAW and measures
in favour of maternity in Article 4(2) of CEDAW are part of a necessary strategy to achieve
substantive equality. Hence, they are not discriminatory even if they entail different treatment.
Paragraphs 15 and 16 of CEDAW General Recommendation No. 25, on Article 4, Paragraph
1, of the Convention on the Elimination of All Forms of Discrimination against Women, on
Temporary Special Measures (2004) (GR 25) distinguishes these two measures. GR 25 provides
the elements of a temporary special measure are provided as well. Emphasis is placed
on the fact that not all social measures in favour of women are temporary special measures.
The latter are measures that are put in place for a certain period of time to achieve de facto
equality. The duration of a temporary special measure is not measured by a specific time limit,
but only when the result of substantive equality has been achieved and sustained. Examples
of temporary measures are provided in Paragraph 22 of GR 25. Specific recommendations to
State Parties are in Paragraphs 25-39 of the same GR.
Bearing in mind Article 4 of CEDAW, GR 25 and Paragraphs 10 and 11 of Concluding
Comments on Viet Nam 2007, the following selected indicators will be used to review
Vietnamese legal documents in light of temporary special measures and measures in favour
of maternity:
Indicator 27
Indicator 28
Indicator 29
Indicator 30
Do the Constitution and laws contain provisions that allow the setting of
temporary special measures to accelerate de facto equality
Is there a definition of ‘temporary special measures’ in legislation
Is there a procedure for the implementation of temporary special
measures
Is there legislation that provides for special measures in favour of
maternity
Temporary special measures relating to specific fields - such as in employment, health,
political participation and education - are discussed in this paper in the parts relating to those
specific fields.
V.2.3 RELEVANT LEGAL PROVISIONS
Indicator 27
Indicator 28
Indicator 29
Do the Constitution and laws contain provisions that allow the setting
of temporary special measures to accelerate de facto equality
Is there a definition of ‘temporary special measures’ in legislation
Is there a procedure for the implementation of temporary special
measures
131
Article 63 of the Constitution provides: “[The] State shall create all necessary conditions for
women to raise their qualifications in all fields”, which creates a basis for temporary special
measures. Specific focus on temporary special measures can be found in Article 5(6) of the
Law on Gender Equality, but it is termed ‘measures to promote gender equality’. The law
defines ‘measures to promote equality’ as:
Temporary special measures and measures in favour of maternity (Article 4 of CEDAW)