English - CEDAW Southeast Asia

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CEDAW and the Law: II. LIST OF VIETNAMESE LEGAL DOCUMENTS 781 A. Constitution Viet Nam Constitution (1992), as amended by Resolution No. 51/2001/QH10 of December 25, 2001 B. Laws Law on Domestic Violence Prevention and Control of November 21, 2007 782 Law on Residence, No. 81/2006/QH11 of November 29, 2006 Law on Gender Equality (No. 73/2006/QH11 of November 29, 2006) Law on Vietnamese Guest Workers (No. 72/2006/QH11 of November 29, 2006) Law on Social Insurance (No. 71/2006/QH11 of June 29, 2006) Law on Legal Aid (No. 69/2006/QH11 of June 29, 2006) Law on HIV/AIDS Prevention and Control (No. 64/2006/QH11 of June 29, 2006) Law on Education (No. 38/2005/QH11 of June 14, 2005) Civil Code (No. 33/2005/QH11 of June 14, 2005) (unofficial translation) Law on the Protection, Care and Education of Children (No. 25/2004/QH11 of June 15, 2004) Civil Procedure Code (No. 24/2004/QH11 of June 15, 2004) Law on Inspection (No. 22/2004/QH11 of June 15, 2004) Law on the Conclusion, Accession to and Implementation of Treaties (No. 41/2005/QH11 June 14, 2005) Code of Criminal Procedure (No. 24/2003/QH11 of November 26, 2003) Law on Cooperatives (No. 18/2003/QH11 of November 26, 2003) Law on Land (No. 13-2003-QH11 of November 26, 2003) Law on the Election of Deputies to the People’s Councils (No. 12/2003/QH11 of November 26, 2003) 338 Law on Supervisory Activities of the National Assembly (No. 05/2003/QH11 of June 17, 2003) Statistics Law (No. 04/2003/QH11 of June 17, 2003) Law on Organization of the People’s Procuracies (No. 34/2002/QH10 of April 2, 2002) Enterprise Law (No. 60/2005/QH11 of December 25, 2001) Investment Law (No. 59/2005/QH11 of December 25, 2001) 781 All Vietnamese legal documents are arranged in reverse chronological order. 782 Considered but not included in the scope of the review as adopted or issued after the review’s cut off period of October 30, 2007. Review of key legal documents and compliance with CEDAW
A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW Law on Organization of the Government (No. 32/2001/QH10 of December 25, 2001) Law on Election of Deputies to the National Assembly, No. 31/2001/QH10 of December 25, 2001) Law on Organization of the National Assembly (No. 30/2001/QH10 of December 25, 2001) amended on April 2, 2007 Marriage and Family Law (No. 22/2000/QH10 of June 9, 2000) Penal Code (No.15/1999/QH10 of December 21, 1999) Law on Viet Nam Fatherland Front, No. 14/1999/QH10 of June 12, 1999) Press Law (No. 12/1999/QH10 of June 12, 1999) Law on Complaints and Denunciations (No. 09/1998/QH10 of December 2, 1998) as amended in 2004 and 2005 Law on Vietnamese Nationality (No. 07/1998/QH10 of May 20, 1998) Law on Election of the Deputies of the National Assembly (April 15,1997) as amended by Law Amending and Supplementing a Number of Articles of the Law on Election of Deputies to the National Assembly, No. 31/2001/QH10 of December 25, 2001 Law on the Promulgation of Legal Documents (December 11, 1996) as amended by Law Amending and Supplementing a Number of Articles of the Law on the Promulgation of Legal Documents (No. 02/2002/QH11 of December 16, 2002) Labour Code (No.23 of June 1994) as amended on April 2, 2002 and November 29, 2006 Law on Universalization of Primary Education (1991) Law on Protection of People’s Health (Code 21 LCT/HDNN8 of June 30, 1989) Law No. 102/SL-L of May 20, 1957 on Enacting the Law on the Rights to Set up Association voted for by the National Assembly at the 6th Session C. National Assembly resolutions Resolution No. 56/2006/QH11 of June 29, 2006 on the Five-Year Socio-Economic Development Plan 2006-2010 Resolution No. 51/2001/QH10 of December 25, 2001 on Amendments and Supplements to a Number of Articles of the 1992 Constitution of the Socialist Republic of Viet Nam Resolution No. 35/2000/QH10 of July 9, 2000 on Implementation of the Marriage and Family Law. Resolution No. 32/1999/QH10 of December 21, 1999 on the Enforcement of the Penal Code 339 D. Ordinances Ordinance on Amending and Supplementing a Number of Articles of the Ordinance on Enforcement or Imprisonment Sentences (No. 01/2007/UBTVQH12 of October 19, 2007) Ordinance on Conclusion and Implementation of International Agreements (No. 33/2007/PL-UBTVQH11 of April 20, 2007) List of references
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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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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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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,
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Page 334 and 335: CEDAW and the Law: Marriage and Fam
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Page 338 and 339: CEDAW and the Law: Personal propert
Page 340 and 341: CEDAW and the Law: to choose family
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Page 364 and 365: Appendix II: LIST OF REFERENCES I.
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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
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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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