English - CEDAW Southeast Asia

CEDAW and the Law:
Recommendation: In line with Concluding Comments on Viet Nam 2007, the Law
on Gender Equality and its subordinate legal documents should clearly make distinctions
between temporary special measures (measures to promote equality) and general
social policies in favour of women. The distinction must be clearly pointed out to
avoid confusion in implementation. Guidance from GR 25 is useful in crafting this distinction.
The legal document must highlight that temporary special measures are temporary
in nature and in place to accelerate de facto equality, as opposed to general
social policies that are of a more permanent nature and address the environment to
enable women and in many cases, men as well, to enjoy their rights.
It is also recommended that the implementing decrees on the Law on Gender
Equality also include in the enumeration other forms of temporary special measures/ or
measures to promote equality, such as special budgetary allocations, outreach or support
programs, preferential treatment. Temporary special measures in other fields must
also be considered, such as in the field of science and technology, culture, information,
sports, and public health.
Indicator 30
Is there legislation that provide for special measures in favour of
maternity
Article 63 of the Constitution provides:
Article 63
… Women workers shall enjoy a regime related to maternity. Women who are State
employees and wage earners shall enjoy paid prenatal and post-natal leaves during
which they shall receive all their wages and allowances as determined by law.
The State and society shall create necessary conditions for women to raise their qualifications
in all fields and full play their roles in society; they shall see to the development
of maternity so as to lighten housework and allow women to engage more actively in
work and study, undergo medical treatment, enjoy periods of rest and fulfill their maternal
duties.
Article 6(4) of the Law on Gender Equality also emphasizes that policies aimed at protecting
and supporting the mother are not considered gender discrimination. Article 7 of the
law reiterates that one of the State policies is to protect and support the mother during pregnancy,
giving birth and child-raising to facilitate man and woman in sharing housework.
134
For more discussions and recommendations, see Part V.7.3, Indicator 65(b); Part V.8.3,
Indicators 71, 75, 76, 78-80; and Part V.9.3, Indicator 87.
Review of key legal documents and compliance with CEDAW