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CEDAW and the Law: dren; 299 having sexual intercourse with children; 300 obscenity towards children; 301 spreading HIV to other persons; 302 and intentionally spreading HIV to other persons. 303 See Part V.1.3.6 for text of most of these provisions. The Penal Code, further, has provisions that protect the integrity of passports, travel documents, and others. These are: amending and/or using certificates and papers issued by agencies and/or organizations; 304 forging seals and/or documents of agencies and/or organizations; 305 and appropriating, trading in, or destroying seals and/or documents issued by State agencies and/or social organizations; 306 and forgery in the course of employment. 307 Provisions on marriage in the Penal Code can also be used to penalize certain acts of trafficking, such as: forcible marriage or prevention of voluntary and progressive marriage; 308 bigamy; 309 organizing underage marriage, or entering into underage marriage; 310 and registering an illegal marriage. 311 Preparation for crime commission and incomplete commission of a crime bears criminal liabilities as per Articles 17 and 18 of the Penal Code. Articles 20 and 53 of the Penal Code state that organizers, executors, instigators and helpers of crime commission all bear penal liability. The Law on Vietnamese Guest Workers (No. 72/2006/QH11 of November 29, 2006) (Law on Guest Workers) provides for procedures and penalties concerning activities for sending workers abroad (see Part V.8.3, Indicator 84 for the appropriate provisions). The Penal Code also punishes breaching regulations on border regions, 312 illegally leaving or entering the country, 313 illegally staying abroad or in Viet Nam; 314 and organizing and/or coercing other persons to flee abroad or to stay abroad illegally. 315 The Directive No. 14/2004/CT-TTG of April 2, 2004 on Handling and Prevention of Vietnamese Citizen’s Illegal Exit, Entry and Residence in Foreign Countries also requires the handling and prevention of illegal exit and entry that involve: (a) people with “no exit and entry papers and were deceived or dragged by evil persons to illegally cross the border to some foreign countries where they searched jobs or used fake passports and papers to further travel to other countries”; and (b) legal exit from Viet Nam and legal entry into a foreign country, but later stays on for illegal residency or labour. 299 Ibid., Article 114 300 Ibid., Article 115 301 Ibid., Article 116 302 Ibid., Article 117 152 303 Ibid., Article 118 304 Ibid, Article 266 305 Ibid., Article 267 306 Ibid., Article 268 307 Ibid., Article 284 308 Ibid., Article 146 309 Ibid., Article 147 310 Ibid., Article 148 311 Ibid., Article 149 312 Ibid., Article 273 313 Ibid., Article 274 314 Ibid. 315 Ibid., Article 275 Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW Article 67 of the Marriage and Family Law strictly forbids the abuse of child adoption for labour exploitation, sexual abuse, trafficking in children and other purposes. Article 105 of the Marriage and Family Law also states that this prohibition applies to child adoption involving a foreign element. The Decree No. 68/2002/ND-CP of July 20, 2002 on Marriage and Family Relationships with Foreign Elements prohibits the use of marriage and adoption as covers for the trafficking in, exploitation and sexual abuse of women and children for material gain. There are no specific provisions prohibiting a mail-order bride system. Indeed, many aspects of trafficking are covered by Vietnamese laws already. However, in many cases, these offences may be committed outside of the country’s jurisdiction, so prosecution is difficult; for example, crimes against Vietnamese women and children relating to prostitution, murder, ill-treatment and sexual assault as mostly committed abroad. A clear definition of the offence of ‘trafficking’ will ensure that all acts that may be part of the process of trafficking are covered, prohibited and penalized by Vietnamese law; and, hence, allow interventions to be more reflective of the real situation of trafficking. Recommendation: It is recommended that a definition of ‘trafficking’ be provided in law. The definition must be consistent with Article 3 of the Trafficking Protocol. In particular, the definition must include the various acts that may constitute trafficking (that is, recruitment, transportation, transfer, harbouring and receipt), the means used (that is, threats, use of force, coercion, abduction, fraud, deception, or abuse of power or position of vulnerability) and the various forms of exploitation (for example, the exploitation of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, or the removal of organs). In relation to Article 119 of the Penal Code, the definition of ‘trafficking’ recommended above is sufficient. However, as to Article 120 of the Penal Code, an additional provision on trafficking in children is necessary as the provision does not encompass ‘trafficking in children’. Consideration should also be given to supplementing the circumstances that aggravate trafficking in women and children. Among the circumstances that must aggravate it are when: (a) trafficking is effected through adoption; (b) the offender is an ascendant, descendant, parent, sibling, guardian or a person exercising authority over the victim; (c) the trafficking victim dies or is severely injured; (d) when the trafficking victim becomes infected with HIV. It is also recommended that explicit stipulation must be made that the police, border guards, medical practitioners, procurators, the courts, social workers and other personnel who deal with trafficked victims, especially in key localities, must receive specialized training and assistance in handling trafficking cases and its victims. 153 Indicator 38 Are trafficked women penalized Under Vietnamese laws, trafficked persons are generally treated as victims rather than as criminals. Those who are involved in certain violations as a direct consequence of their situation as trafficked persons may be subject to certain liabilities, but this is mainly to ensure their reintegration into the society rather than to punish them. 316 Nevertheless, the absence of Trafficking and exploitation of prostitution (Article 6 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: NATIONALITY (Art
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CEDAW and the Law: where students a
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CEDAW and the Law: security, benefi
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CEDAW and the Law: support for the
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CEDAW and the Law: 104, 110, 121, 1
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CEDAW and the Law: document focusin
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CEDAW and the Law: Law on Gender Eq
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CEDAW and the Law: PROTECTION FOR M
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CEDAW and the Law: as ethnic minori
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II. THE POLITICAL AND LEGAL FRAMEWO
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CEDAW and the Law: II.1.3 THE GOVER
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CEDAW and the Law: The Law on the O
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CEDAW and the Law: The major mass o
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CEDAW and the Law: ‘Legal documen
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CEDAW and the Law: tation of the tr
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CEDAW and the Law: report, a delega
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CEDAW and the Law: One common manif
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CEDAW and the Law: Indirect discrim
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CEDAW and the Law: modifying or ab
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V. REVIEW OF KEY LEGAL DOCUMENTS AN
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CEDAW and the Law: 2. Other measure
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CEDAW and the Law: (m) States parti
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CEDAW and the Law: overcoming under
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CEDAW and the Law: crimination must
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CEDAW and the Law: cedures be estab
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CEDAW and the Law: Paragraph 24 of
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CEDAW and the Law: hand, the defini
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CEDAW and the Law: of discriminatio
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CEDAW and the Law: lic servants are
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CEDAW and the Law: individuals lega
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CEDAW and the Law: Fourth, Article
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CEDAW and the Law: Protection The r
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CEDAW and the Law: the case due to
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CEDAW and the Law: which have condu
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CEDAW and the Law: Confrontation In
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CEDAW and the Law: agencies. Denunc
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CEDAW and the Law: As earlier menti
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CEDAW and the Law: There are legal
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CEDAW and the Law: Added criteria r
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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: Recommendation:
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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: 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: 342
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CEDAW and the Law: 344
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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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