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

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2023-07-21
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2023-07-21
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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.
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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.
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