Publication:
Gender Inclusive Legislation in Vietnam: How to Design a Gender Equality Law Inclusive of Sexual and Gender Minorities

Loading...
Thumbnail Image
Files in English
English PDF (11.1 MB)
232 downloads
English Text (142.13 KB)
26 downloads
Date
2023-07-21
ISSN
Published
2023-07-21
Editor(s)
Abstract
In every country, including Vietnam, certain groups confront barriers that prevent them from participating equally in their nation’s political, economic, and social life. These groups are excluded through a number of practices, ranging from stereotyping, to stigmatization, to superstitions. Because of deeply entrenched prejudice and harmful social norms sexual and gender minorities continue to endure discrimination, economic and social exclusion, and violence. The Ministry of Labour, War Invalids and Social Affairs (MOLISA) of Vietnam is undertaking an update to the country’s Gender Equality Law (GEL) of 2006. Because the country’s legal framework refers to gender equality in binary terms male and female without reference to inclusion based on sexual orientation, gender identity and expression, and sex characteristics (SOGIESC), this update presents a great opportunity and critical entry point to broaden the scope and definition of gender equality to include SOGIESC. The note begins by examining the available data on LGBTI people globally, including the many challenges they face. After presenting the economic case for inclusion, the note examines international policy frameworks on SOGIESC inclusion. It then analyzes the legal framework for SOGIESC inclusion in Vietnam and goes on to assess the key gaps in the current GEL in addressing the inclusion of sexual and gender minorities. The note proposes concrete recommendations to make the GEL more inclusive of LGBTI people with recommendations for new or updated text to specific articles in the current GEL.
Link to Data Set
Citation
Buchhave,Helle; Rana,Trishna Rajyalaxmi; Arnal Rodriguez,Lucia. 2023. Gender Inclusive Legislation in Vietnam: How to Design a Gender Equality Law Inclusive of Sexual and Gender Minorities. © World Bank. http://hdl.handle.net/10986/40061 License: CC BY-NC 3.0 IGO.
Associated URLs
Associated content
Report Series
Other publications in this report series
Journal
Journal Volume
Journal Issue

Related items

Showing items related by metadata.

  • Publication
    The Illusion of Inclusion : Women's Access to Rights in Northern Kenya
    (World Bank, Nairobi, 2008-12) Ayuko, Bonita; Chopra, Tanja
    This paper shows how official laws concerning justice for women, can be difficult to apply when they are not socially acknowledged, contextualized, or received, and therefore have minimal impact on women's lives. It demonstrates that the inclusion of women through international conventions, domestic legal reform, and gender quotas in participatory processes, is illusory. While these are all important instruments in women's empowerment, the paper calls upon access to justice practitioners and policy makers to place equal emphasis on fostering the practical implementation of laws and to emphasize opportunities for increased equality in informal systems.
  • Publication
    Inclusion Matters : The Foundation for Shared Prosperity
    (Washington, DC, 2013-10-18) World Bank
    Today, the world is at a conjuncture where issues of exclusion and inclusion are assuming new significance for both developed and developing countries. The imperative for social inclusion has blurred the distinction between these two stylized poles of development. Countries that used to be referred to as developed are grappling with issues of exclusion and inclusion perhaps more intensely today than they did a decade ago. And countries previously called developing are grappling with both old issues and new forms of exclusion thrown up by growth. Nonlinear demographic transitions, global economic volatility, shifts in the international balance of power, and local political movements have had a large part to play in these shifting sands. These changes make social inclusion more urgent than it was even a decade ago. This report tries to put boundaries around the abstraction that is "social inclusion." Placing the discussion of social inclusion within such global transitions and transformations, the report argues that social inclusion is an evolving agenda. It offers two easy-to-use definitions and a framework to assist practitioners in asking, outlining, and developing some of the right questions that can help advance the agenda of inclusion in different contexts. This report builds on previous analytical work, especially by the World Bank, on themes that touch upon social inclusion, including multidimensional poverty, inequality, equity, social cohesion, and empowerment. There are seven main messages in this report: (1) excluded groups exist in all countries; (2) excluded groups are consistently denied opportunities; (3) intense global transitions are leading to social transformations that create new opportunities for inclusion as well as exacerbating existing forms of exclusion; (4) people take part in society through markets, services, and spaces; (5) social and economic transformations affect the attitudes and perceptions of people. As people act on the basis of how they feel, it is important to pay attention to their attitudes and perceptions; (6) exclusion is not immutable. Abundant evidence demonstrates that social inclusion can be planned and achieved; and (7) moving ahead will require a broader and deeper knowledge of exclusion and its impacts as well as taking concerted action. The report is divided into three parts. Part one is framing the issues. Part two focuses on transitions, transformations, and perceptions. Part three is change is possible.
  • Publication
    Sexual Orientation and Gender Identity (SOGI) Inclusion and Gender Equality
    (World Bank, Washington, DC, 2023-08) Cortez, Clifton; Rana, Trishna R.; Nasir, Rudaba Zehra; Arzinos, John Ioannis
    This note provides an overview of the situation of LGBTI people globally and why addressing discrimination against them and promoting their inclusion make economic sense as well as being the right thing to do. It lays out the authorizing environment for SOGI inclusion at the World Bank and highlights promising practices of SOGI inclusion, including in data generation and operations from the World Bank and public and private sector partners. The note highlights opportunities to advance SOGI inclusion through the three strategic objectives of the World Bank’s Gender Strategy update, namely ending gender-based violence and elevating human capital, expanding and enabling economic opportunities, and engaging women as leaders. The World Bank and development partners can also better integrate SOGI inclusion in their work on gender data generation, evaluation and learning, policy and institutional reforms, and capacity building.
  • Publication
    Vietnam Country Gender Assessment
    (World Bank, Hanoi, 2011) World Bank
    Viet Nam has undergone a major socio-economic transformation over the past quarter century, rising from one of the poorest countries in the world to a middle income country. Today it continues to develop rapidly, becoming more integrated with the global economy and undergoing significant regulatory and structural changes. Viet Nam has also made remarkable progress on gender equality, but important gender differences still remain. On the positive side Viet Nam has had considerable progress in addressing gender disparities in education, employment and health. The gender gap in earnings is lower in Viet Nam than in many other East Asian countries. Indeed by a number of measures, women's outcomes have improved significantly. However, upon deeper examination of the data, a number of challenges still remain. The report is organized into five chapters. The current chapter has provided a background to the report and the process through which it has been prepared. The next three chapters will deal with the substantive issues, focusing primarily on gender but addressing ethnicity and other forms of social inequality where relevant. Chapter two will provide an analysis of the situation and trends in gender equality in relation to the multiple dimensions of poverty, some of which are included in the Millennium Development Goals (MDGs). Chapter three will provide an in-depth gender analysis of livelihoods and employment, bearing in mind the likely impact of the recent crisis as well as the challenges of transition to middle income status. Chapter four will pick up on the issue of women's political participation in leadership positions and in the wider society. The final chapter will synthesize the key findings of the report and prioritize key recommendations.
  • Publication
    Extracting Lessons on Gender in the Oil and Gas Sector : A Survey and Analysis of the Gendered Impacts of Onshore Oil and Gas Production in Three Developing Countries
    (World Bank, Washington, DC, 2013-05) Scott, Jen; Dakin, Rose; Heller, Katherine; Eftimie, Adriana
    The oil, gas, and mining unit series publishes reviews and analyses of sector experience from around the world as well as new findings from analytical work. It places particular emphasis on how the experience and knowledge gained relates to developing country policy makers, communities affected by extractive industries, extractive industry enterprises, and civil society organizations. This paper explores the divergent experiences of women and men who live in areas that are directly affected by oil and gas development, and highlights how the industry specifically contributes to 'gender gaps' in the unequal distribution of assets and risks. Evidence from surveys and interviews with community members, company representatives, and government an official in oil-and gas-affected areas is analyzed and potential solutions are presented to reduce inequality, increase operational efficiency, reduce risks, and foster sustainable development. The paper aims to demonstrate how oil companies, policy makers, and donors, as well as citizens and nonprofits, can benefit from facilitating more equitable sharing of oil and gas wealth, with a particular focus on the inclusion of women. It points out the gains that can be realized through mutual collaboration to minimize harm for those people whose lives and environments are most directly impacted by the industry. Gender, as defined here, is differentiated from biological sex: gender describes the separate behaviors, identities and roles into which males and females are socialized, and contrasts the freedoms and constraints that come with these roles. This paper therefore examines how gender influences risks and opportunities in upstream areas of oil-rich, low income countries. The paper adopts a qualitative approach to research, presenting the perspectives of the people who live in the immediate vicinity of upstream operations and attempting to faithfully interpret what can be learned from their testimonies.

Users also downloaded

Showing related downloaded files

  • Publication
    Global Economic Prospects, June 2024
    (Washington, DC: World Bank, 2024-06-11) World Bank
    After several years of negative shocks, global growth is expected to hold steady in 2024 and then edge up in the next couple of years, in part aided by cautious monetary policy easing as inflation gradually declines. However, economic prospects are envisaged to remain tepid, especially in the most vulnerable countries. Risks to the outlook, while more balanced, are still tilted to the downside, including the possibility of escalating geopolitical tensions, further trade fragmentation, and higher-for-longer interest rates. Natural disasters related to climate change could also hinder activity. Subdued growth prospects across many emerging market and developing economies and continued risks underscore the need for decisive policy action at the global and national levels. Global Economic Prospects is a World Bank Group Flagship Report that examines global economic developments and prospects, with a special focus on emerging market and developing economies, on a semiannual basis (in January and June). Each edition includes analytical pieces on topical policy challenges faced by these economies.
  • Publication
    Economic Mobility and the Rise of the Latin American Middle Class
    (Washington, DC: World Bank, 2013) Ferreira, Francisco H.G.; Messina, Julian; Rigolini, Jamele; López-Calva, Luis-Felipe; Lugo, Maria Ana; Vakis, Renos
    After decades of stagnation, the size of Latin America's middle class recently expanded to the point where, for the first time ever, the number of people in poverty is equal to the size of the middle class. This volume investigates the nature, determinants and possible consequences of this remarkable process of social transformation. We propose an original definition of the middle class, tailor-made for Latin America, centered on the concept of economic security and thus a low probability of falling into poverty. Given our definition of the middle class, there are four, not three, classes in Latin America. Sandwiched between the poor and the middle class there lies a large group of people who appear to make ends meet well enough, but do not enjoy the economic security that would be required for membership of the middle class. We call this group the 'vulnerable'. In an almost mechanical sense, these transformations in Latin America reflect both economic growth and declining inequality in over the period. We adopt a measure of mobility that decomposes the 'gainers' and 'losers' in society by social class of each household. The continent has experienced a large amount of churning over the last 15 years, at least 43% of all Latin Americans changed social classes between the mid 1990s and the end of the 2000s. Despite the upward mobility trend, intergenerational mobility, a better proxy for inequality of opportunity, remains stagnant. Educational achievement and attainment remain to be strongly dependent upon parental education levels. Despite the recent growth in pro-poor programs, the middle class has benefited disproportionally from social security transfers and are increasingly opting out from government services. Central to the region's prospects of continued progress will be its ability to harness the new middle class into a new, more inclusive social contract, where the better-off pay their fair share of taxes, and demand improved public services.
  • Publication
    World Development Report 2019
    (Washington, DC: World Bank, 2019) World Bank
    Work is constantly reshaped by technological progress. New ways of production are adopted, markets expand, and societies evolve. But some changes provoke more attention than others, in part due to the vast uncertainty involved in making predictions about the future. The 2019 World Development Report will study how the nature of work is changing as a result of advances in technology today. Technological progress disrupts existing systems. A new social contract is needed to smooth the transition and guard against rising inequality. Significant investments in human capital throughout a person’s lifecycle are vital to this effort. If workers are to stay competitive against machines they need to train or retool existing skills. A social protection system that includes a minimum basic level of protection for workers and citizens can complement new forms of employment. Improved private sector policies to encourage startup activity and competition can help countries compete in the digital age. Governments also need to ensure that firms pay their fair share of taxes, in part to fund this new social contract. The 2019 World Development Report presents an analysis of these issues based upon the available evidence.
  • Publication
    Supporting Youth at Risk
    (World Bank, Washington, DC, 2008) Cohan, Lorena M.; Cunningham, Wendy; Naudeau, Sophie; McGinnis, Linda
    The World Bank has produced this policy Toolkit in response to a growing demand from our government clients and partners for advice on how to create and implement effective policies for at-risk youth. The author has highlighted 22 policies (six core policies, nine promising policies, and seven general policies) that have been effective in addressing the following five key risk areas for young people around the world: (i) youth unemployment, underemployment, and lack of formal sector employment; (ii) early school leaving; (iii) risky sexual behavior leading to early childbearing and HIV/AIDS; (iv) crime and violence; and (v) substance abuse. The objective of this Toolkit is to serve as a practical guide for policy makers in middle-income countries as well as professionals working within the area of youth development on how to develop and implement an effective policy portfolio to foster healthy and positive youth development.
  • Publication
    State and Trends of Carbon Pricing 2024
    (Washington, DC: World Bank, 2024-05-21) World Bank
    This report provides an up-to-date overview of existing and emerging carbon pricing instruments around the world, including international, national, and subnational initiatives. It also investigates trends surrounding the development and implementation of carbon pricing instruments and some of the drivers seen over the past year. Specifically, this report covers carbon taxes, emissions trading systems (ETSs), and crediting mechanisms. Key topics covered in the 2024 report include uptake of ETSs and carbon taxes in low- and middle- income economies, sectoral coverage of ETSs and carbon taxes, and the use of crediting mechanisms as part of the policy mix.