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Appendix I: LIST OF 150 INDICATORS AND SUB-INDICATORS (A total of 117 Indicators and 33 Sub-Indicators for CEDAW) V.1 General Undertakings to Eliminate Discrimination and Ensure Equality (Articles 1-3 of CEDAW) V.1.2.1 Guarantee of Equality and Non-Discrimination Indicator 1 Indicator 2 Indicator 3 Indicator 4 Is there a guarantee of equality and non-discrimination on the basis of sex or gender in the Constitution and/or legal documents Is there a definition of equality between men and women/gender equality and does it conform to substantive equality Is there a definition of discrimination/non-discrimination on the basis of sex and does it conform to Article 1 of CEDAW Do legal documents address the intersections of other grounds of discrimination with gender discrimination (such as discrimination on the basis of ethnicity, disability, age and sexual orientation) V.1.2.2 Prohibition on Discrimination Indicator 5 Indicator 6 Indicator 7 Indicator 8 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 Is there legislation in place that prohibits gender discrimination by foeigners and foreign-owned and/or controlled entities V.1.2.3 Legal Protection of Women 326 Indicator 9 Indicator 10 Indicator 11 Indicator 12 Indicator 13 Is there a right to seek redress in cases of discrimination Are current criminal, civil and administrative procedures able to handle appropriately cases of gender discrimination Are there legal documents that provide specific guidance in the handling of cases of discrimination Is there a guarantee of legal aid for cases of gender discrimination Is there a guarantee of legal aid for women Is conciliation, mediation or negotiation required by law to settle disputes in all cases Is protection against gender discrimination extended to foreigners CEDAW and the Law
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW V.1.2.4 Institutions and mechanisms for Implementation and Monitoring Indicator 14 Indicator 15 Indicator 16 Indicator 17 Indicator 18 Is there a specific agency responsible to coordinate measures to achieve gender equality or women’s human rights Is the agency provided with appropriate mandates, powers and resources to be able to promote gender equality and protect women’s human rights Are there legal documents that clearly establish responsibilities of various State agencies (whether legislative, executive, judicial or administrative) to incorporate gender equality in their operations Are there legal documents that require systematic collection and analysis of sex-disaggregated data, monitoring impact of interventions as well as trends or progress in relation to gender equality Does legislation require that strategies and plans be put in place to ensure promotion and protection of gender equality Are there agencies, whether State or independent, that monitor or supervise State compliance with gender equality and/or CEDAW V.1.2.5 Incorporation and Application of Treaties Indicator 19 Indicator 20 Indicator 21 What is the status of CEDAW in the domestic legal framework Can CEDAW’s provisions be invoked directly in judicial or quasijudicial proceedings as a source of an actionable right In case of conflict between CEDAW and domestic legal documents, which will prevail V.1.2.6 Gender-Based Violence/ Violence Against Women and its Manifestations Indicator 22 Indicator 23 Gender-Based Violence Indicator 22(a) Indicator 22(b) Indicator 22(c) Indicator 22(d) Indicator 22(e) Domestic Violence Indicator 23(a) Indicator 23(b) Indicator 23(c) Is GBV prohibited by law How is ‘gender-based violence’ defined What sanctions are in place for perpetrators What measures are in place for victims of GBV Does the law mandate inter-agency cooperation to address GBV Is there a clear designation of coordinated and individual responsibilities of State agencies to address GBV Is domestic violence prohibited by law How is ‘domestic violence’ defined What measures are mandated by law to address the needs of victims of domestic violence What interim or 327 List of indicators and sub-indicators
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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: (5) To play the
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CEDAW and the Law: (3) To direct an
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CEDAW and the Law: in many cases, n
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CEDAW and the Law: In a matrix on
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CEDAW and the Law: Both Article 3 o
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CEDAW and the Law: cially for those
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CEDAW and the Law: 114 the perpetra
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CEDAW and the Law: Obligations and
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CEDAW and the Law: Indicator 23 Dom
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CEDAW and the Law: is experienced p
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CEDAW and the Law: (i) require heal
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CEDAW and the Law: In relation to m
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CEDAW and the Law: guilt over the p
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CEDAW and the Law: Paragraph 15 The
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CEDAW and the Law: ment to cover th
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CEDAW and the Law: Article 5: Inter
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CEDAW and the Law: Recommendation:
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CEDAW and the Law: GR 23: Political
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CEDAW and the Law: There are also a
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CEDAW and the Law: Article 23: Info
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CEDAW and the Law: of GBV, publishi
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CEDAW and the Law: other forms of s
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CEDAW and the Law: measures for rei
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CEDAW and the Law: Indicator 44 Wha
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CEDAW and the Law: anti-trafficking
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CEDAW and the Law: dren; 299 having
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CEDAW and the Law: an explicit prov
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CEDAW and the Law: by an insensitiv
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CEDAW and the Law: Indicator 45 Is
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CEDAW and the Law: manner; (d) more
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CEDAW and the Law: (1) Officials, p
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CEDAW and the Law: treatment and he
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CEDAW and the Law: Specific respons
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CEDAW and the Law: V.5 POLITICAL AN
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CEDAW and the Law: 170 de jure and
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CEDAW and the Law: (b) Women’s en
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CEDAW and the Law: lic boards and l
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CEDAW and the Law: vides that consu
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CEDAW and the Law: Practical measur
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CEDAW and the Law: tutions. The SED
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CEDAW and the Law: tries show that
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CEDAW and the Law: among the pol
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CEDAW and the Law: 1957 on Enacting
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CEDAW and the Law: (3) Election and
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CEDAW and the Law: 192 The Law on V
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CEDAW and the Law: V.7.1.3 Concludi
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CEDAW and the Law: V.7.3 RELEVANT L
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CEDAW and the Law: Article 14(3
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CEDAW and the Law: In some localiti
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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: 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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Page 320 and 321: CEDAW and the Law: This should be r
Page 322 and 323: CEDAW and the Law: Article 68 of th
Page 324 and 325: CEDAW and the Law: Paragraph 23 Fam
Page 326 and 327: CEDAW and the Law: such as raising
Page 328 and 329: CEDAW and the Law: acquisition, man
Page 330 and 331: CEDAW and the Law: The Civil Code,
Page 332 and 333: CEDAW and the Law: Birth registrati
Page 334 and 335: CEDAW and the Law: Marriage and Fam
Page 336 and 337: CEDAW and the Law: well as those es
Page 338 and 339: CEDAW and the Law: Personal propert
Page 340 and 341: CEDAW and the Law: to choose family
Page 342 and 343: CEDAW and the Law: population quali
Page 344 and 345: CEDAW and the Law: The Decree on Po
Page 346 and 347: CEDAW and the Law: Contraceptive us
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Page 364 and 365: Appendix II: LIST OF REFERENCES I.
Page 366 and 367: CEDAW and the Law: II. LIST OF VIET
Page 368 and 369: CEDAW and the Law: Ordinance on Ex
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Page 372 and 373: CEDAW and the Law: 344
Page 374 and 375: CEDAW and the Law: National Strat
Page 376 and 377: CEDAW and the Law: Sustainable
Page 378 and 379: CEDAW and the Law: Reeri
Page 380 and 381: APPENDIX III: CONVENTION ON THE ELI
Page 382 and 383: CEDAW and the Law: (d) To refrain f
Page 384 and 385: CEDAW and the Law: (f) The reductio
Page 386 and 387: CEDAW and the Law: PART IV Article
Page 388 and 389: CEDAW and the Law: for the effectiv
Page 390 and 391: CEDAW and the Law: Secretary-Genera
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