Publication: Gender Inclusive Legislation in Vietnam: How to Design a Gender Equality Law Inclusive of Sexual and Gender Minorities
Loading...
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
Other publications in this report series
Journal
Journal Volume
Journal Issue
Collections
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)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)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)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)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)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 Classroom Assessment to Support Foundational Literacy(Washington, DC: World Bank, 2025-03-21)This document focuses primarily on how classroom assessment activities can measure students’ literacy skills as they progress along a learning trajectory towards reading fluently and with comprehension by the end of primary school grades. The document addresses considerations regarding the design and implementation of early grade reading classroom assessment, provides examples of assessment activities from a variety of countries and contexts, and discusses the importance of incorporating classroom assessment practices into teacher training and professional development opportunities for teachers. The structure of the document is as follows. The first section presents definitions and addresses basic questions on classroom assessment. Section 2 covers the intersection between assessment and early grade reading by discussing how learning assessment can measure early grade reading skills following the reading learning trajectory. Section 3 compares some of the most common early grade literacy assessment tools with respect to the early grade reading skills and developmental phases. Section 4 of the document addresses teacher training considerations in developing, scoring, and using early grade reading assessment. Additional issues in assessing reading skills in the classroom and using assessment results to improve teaching and learning are reviewed in section 5. Throughout the document, country cases are presented to demonstrate how assessment activities can be implemented in the classroom in different contexts.Publication Global Economic Prospects, June 2024(Washington, DC: World Bank, 2024-06-11)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 World Development Report 1987(New York: Oxford University Press, 1987)This report, consisting of two parts, is the tenth in the annual series assessing development issues. Part I reviews recent trends in the world economy and their implications for the future prospects of developing countries. It stresses that better economic performance is possible in both industrial and developing countries, provided the commitment to economic policy reforms is maintained and reinforced. In regard to the external debt issues, the report argues for strengthened cooperation among industrial countries in the sphere of macroeconomic policy to promote smooth adjustment to the imbalances caused by external payments (in developing countries). Part II reviews and evaluates the varied experience with government policies in support of industrialization. Emphasis is placed on policies which affect both the efficiency and sustainability of industrial transformation, especially in the sphere of foreign trade. The report finds that developing countries which followed policies that promoted the integration of their industrial sector into the international economy through trade have fared better than those which insulated themselves from international competition.Publication The Mexican Social Protection System in Health(World Bank, Washington DC, 2013-01)With a population of 113 million and a per-capita Gross Domestic Product, or GDP of US$10,064 (current U.S. dollars), Mexico is one of the largest and highest-income countries in Latin America and the Caribbean (LAC). The country has benefited from sustained economic growth during the last decade, which was temporarily interrupted by the financial and economic crisis. Real GDP is projected to grow 3.8 percent and 3.6 percent in 2012 and 2013, respectively (International Monetary Fund, or IMF 2012). Despite this growth, poverty in the country remains high; with half of the population living below the national poverty line. The country is also highly heterogeneous, with large socioeconomic differences across states and across urban and rural areas. In 2010, while the extreme poverty ratio in the Federal District and the states of Colima and Nuevo Leon was below 3 percent, in Chiapas, Guerrero, and Oaxaca it was 25 percent or higher. These large regional differences are also found in other indicators of well-being, such as years of schooling, housing conditions, and access to social services. This case study assesses key features and achievements of the Social Protection System in Health (Sistema de Proteccion Social en Salud) in Mexico, and particularly of its main pillar, Popular Health Insurance (Seguro Popular, PHI). It analyzes the contribution of this policy to the establishment and implementation of universal health coverage in Mexico. In 2003, with the reform of the General Health Law, the PHI was institutionalized as a subsidized health insurance scheme open to the population not covered by the social security schemes. Today, the PHI covers all of its intended affiliates, about 52 million peoplePublication Europe and Central Asia Economic Update, Fall 2024: Better Education for Stronger Growth(Washington, DC: World Bank, 2024-10-17)Economic growth in Europe and Central Asia (ECA) is likely to moderate from 3.5 percent in 2023 to 3.3 percent this year. This is significantly weaker than the 4.1 percent average growth in 2000-19. Growth this year is driven by expansionary fiscal policies and strong private consumption. External demand is less favorable because of weak economic expansion in major trading partners, like the European Union. Growth is likely to slow further in 2025, mostly because of the easing of expansion in the Russian Federation and Turkiye. This Europe and Central Asia Economic Update calls for a major overhaul of education systems across the region, particularly higher education, to unleash the talent needed to reinvigorate growth and boost convergence with high-income countries. Universities in the region suffer from poor management, outdated curricula, and inadequate funding and infrastructure. A mismatch between graduates' skills and the skills employers are seeking leads to wasted potential and contributes to the region's brain drain. Reversing the decline in the quality of education will require prioritizing improvements in teacher training, updated curricula, and investment in educational infrastructure. In higher education, reforms are needed to consolidate university systems, integrate them with research centers, and provide reskilling opportunities for adult workers.