Improving the law on gender equality in the civil, marriage and family fields - Theoretical and practical issues

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

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DANG THI Bich HUE

COMPLETING THE LAW ON GENDER EQUALITY IN THE FIELD OF CIVIL, MARRIAGE AND FAMILY- THEORETICAL AND PRACTICAL ISSUES

MASTER THESIS IN LAW

HANOI - 2015

HANOI NATIONAL UNIVERSITY

FACULTY OF LAW

DANG THI Bich HUE

COMPLETING THE LAW ON GENDER EQUALITY IN THE FIELD OF CIVIL, MARRIAGE AND FAMILY - THEORETICAL AND PRACTICAL ISSUES

Major: Theory and history of state and law Code: 60 38 01 01

MASTER THESIS IN LAW

Scientific instructor : Associate Professor, PhD. DANCER DANCER

HANOI – 2015

GUARANTEE

I declare that this thesis is my own research work.

The results stated in the Thesis have not been published in any other work. The data, examples and quotations in the Thesis ensure accuracy, reliability and honesty. I have completed all subjects and have paid all financial obligations according to the regulations of the Faculty of Law of Hanoi National University.

So I write this Commitment asking the Faculty of Law to consider it so I can defend my Thesis.

Thank you very much!

COMMITMENT PERSON

Dang Thi Bich Hue

ACKNOWLEDGMENTS

I would like to express my sincere thanks and deep gratitude to Associate Professor, PhD. Vu Cong Giao, my scientific supervisor, helped me write this thesis. His guidance and dedicated comments helped me orient, determine and complete my thesis better.

I would like to express my sincere gratitude to the teachers of the Master of Law class on Theory and history of state and law, course 16, for helping me acquire basic knowledge about this important field.

We would like to sincerely thank the Faculty of Law of National University for pioneering the organization of this useful and interesting course, and the teachers of the Faculty of Law, the Training Department and the Department of Constitutional-Administrative Law for creating favorable conditions to help in this course. throughout the course and thesis work.

Thank you to my fellow students for discussing and providing useful information and materials related to the thesis topic.

Finally, I would like to especially thank my family and friends who supported, motivated, and encouraged me throughout the process of studying and completing my thesis.

Thank you very much!

Hanoi, August 2015

Dang Thi Bich Hue

INDEX

INTRODUCTION 1

CHAPTER 1: THEORETICAL BASIS FOR COMPLETING GENDER EQUALITY LAWS IN THE FIELDS OF CIVIL, MARRIAGE AND FAMILY 10

1.1. Gender awareness and gender equality 10

1.1.1. Concept of sex and gender 10

1.1.2. Gender characteristics and roles 11

1.1.3. Gender inequality and gender equality 15

1.1.4. The nature and factors of assessing gender equality 21

1.2. Gender equality in the fields of civil affairs, marriage and family 23

1.2.1. Viewpoints on gender equality 23

1.2.2. Gender equality in the fields of civil affairs, marriage and family 26

1.3. Role and criteria for evaluating legal perfection in ensuring gender equality in civil relations, marriage, and family 29

1.3.1. The role of law in ensuring gender equality in civil relationships, marriage and family 29

1.3.2 Criteria for evaluating the perfection of laws on gender equality in the fields of civil affairs, marriage and family 31

1.3.2.1. Ensuring consistency 32

1.3.2.2. Ensure comprehensive and specific situation 34

1.3.2.3 Ensuring synchronization 35

1.3.2.4. Assurance of legislative techniques 35

1.3.2.5. Ensure compliance with international law and practice 36

1.3.2.6. Ensuring feasibility 37

1.4. Gender equality rights in international law and the laws of some countries. 37

SUMMARY OF CHAPTER 1 43

CHAPTER 2: CURRENT STATUS OF VIETNAM'S LAW ON GENDER EQUALITY IN THE FIELD OF CIVIL, MARRIAGE AND FAMILY 44

2.1. Formation and development of laws on gender equality in the fields of civil affairs, marriage and family in Vietnam 44

2.1.1. The period before 1945 44

2.1.2. The period from 1945 to 1954 46

2.1.3. The period from 1954 to 1980 49

2.1.4. The period from 1980 to present 50

2.2. Basic principles of gender equality in Vietnamese law 53

2.3. Legal provisions on gender equality in the civil sector 56

2.4. Legal provisions on gender equality in the field of marriage and family 58

2.5. Limitations and inadequacies of current laws on gender equality in the fields of civil affairs, marriage and family 61

2.5.1. Limitations and inadequacies of the law on gender equality in the civil sector 61

2.5.2. Limitations and inadequacies of the law on gender equality in the field of marriage and family 66

SUMMARY OF CHAPTER 2 78

CHAPTER 3: PERSPECTIVES AND SOLUTIONS TO COMPLETE THE LAW ON GENDER EQUALITY IN THE FIELD OF CIVIL, MARRIAGE AND FAMILY IN VIETNAM TODAY 80

3.1. Perspectives on perfecting the law on gender equality in the civil, marriage and family fields 80

3.1.1. Thoroughly grasp the Party's views and guidelines and Ho Chi Minh's ideology in perfecting the law on gender equality in the fields of civil affairs, marriage and family 80

3.1.2. Ensuring uniformity, synchronization, comprehensiveness and constantly improving legislative capacity and techniques in perfecting the law on gender equality in the civil, marriage and family fields 84

3.1.3. Completing laws on gender equality in the civil, marriage and family fields must ensure compliance with international conventions that Vietnam has joined .

3.1.4. Promoting democracy in perfecting laws on gender equality in the fields of civil affairs, marriage and family 88

3.2. Solutions to improve the law on gender equality in the fields of civil affairs, marriage and family 89

3.2.1. Review and systematize current legal documents 89

3.2.2. Amending and supplementing a number of regulations in current law on gender equality in the fields of civil affairs, marriage and family 92

3.2.3. Enhance the capacity and responsibility of subjects involved in the process of implementing laws on gender equality in the civil, marriage and family fields 99

3.2.4. Strengthen inspection and supervision of law implementation 100

3.2.5. Strengthen measures to disseminate and educate law 101

3.2.6. Gender mainstreaming in law development and enforcement 102

3.2.7. Strengthening international cooperation to ensure gender equality in the fields of civil affairs, marriage and family 104

SUMMARY OF CHAPTER 3 105

CONCLUSION 106

REFERENCE LIST 107

INTRODUCTION

1. Urgency of the topic

Recently, the issue of gender equality has received special attention from the international community. Because in fact gender inequality has been widespread, this is one of the reasons limiting the process of socio-economic development. Gender inequality is a common form of inequality in society since the division of classes and the formation of the state until now. Gender inequality is unfair because one of the natural rights of every human being is equality with others, which includes equality with people of the opposite sex. Therefore, gender equality must be used to fight against inequality between men and women, ensuring justice and social progress. This is the responsibility of the state and each individual in society.

There have been many international documents addressing the issue of gender equality such as the United Nations Charter, the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, etc. especially the 1979 International Convention on the Elimination of All Forms of Discrimination against Women, effective from September 3, 1980, of which Vietnam is also a member. This Convention consists of 30 articles, which condemn discrimination against women in all forms and require countries to take all appropriate measures to eliminate all discrimination against women. , in all fields of politics, economics, society, culture; ensure the full development and advancement of women so that they can enjoy human rights and fundamental freedoms on an equal basis with men.

In Vietnam, President Ho Chi Minh once commented: "When we talk about women, we talk about half of society. If women are not liberated, there will be no liberation

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