Vietnam’s Law on Children fulfils human rights standards
1/6/17
Protecting children is one of the
most important criteria of human rights, and Vietnam has implemented many
measures to protect and promote children’s rights. Since today, June 1, Law on
Children will come into effect helping Vietnam complete international human
rights standards.
Vietnam has made major strides in caring for,
educating and protecting children over the past 27 years since the country
became the first in Asia and second in the world to ratify the implementation of
the United Nations Convention on the Rights of the Child (UNCRC) in 1990.
Vietnam has implemented extensive
vaccination programmes, improved healthcare services at schools and eliminated
maternal and neonatal paralysis and tetanus. The mortality rate of children
under five has been halved (39 per thousand to 20 per thousand live births)
since 2000, while the number of stunted children has been reduced by nearly one
third (from 36 percent to 25 percent). The country has also carried out
programmes to protect children as well as policies to take care of those from
disadvantaged families, leading to the rate of needy children falling to 5.6
percent from 6 percent between 2011 and 2015.
Protection, care and education of
children constitute a moral tradition of the Vietnamese people as well as a
principle underpinning the line of the Communist Party of Vietnam and the laws
of the Vietnamese State. Over the past 60 years, great achievements have been
made in the cause of protection, care and education of children. Over the past
sixty years, under the regime of a democratic republic, the Vietnamese State
has promulgated many policies and laws directly or indirectly relating to
children such as the Constitution, the Law on Marriage and Family, the Law on
Protection of the People’s Health, the Penal Code, the Criminal Procedure Code,
the Law on Protection, Care and Education of Children, the Labor Code, the
Education Law, and the Ordinance on Handling of Administrative Violations.
These legal documents have formed a legal setting for the exercise of
children’s rights in accordance with the United Nations Convention on the
Rights of the Child.
So far, Vietnam has participated
in 8 out of 23 international conventions on human rights. Vietnam has also
carried out various socio-legal activities in implementing the Convention. At a
national conference on children’s rights held in December 1992, a national
program of action for children for the 1991-2000 period was adopted, leading to
the establishment of a National Committee for Children Protection and Care, a
state management body attached to the Government. Under the direction of the
Government, many programs for children care, protection and education have been
implemented throughout the country, such as a program on immunization against
six childhood diseases, an anti-nutrition program and a program for protection
of children in special circumstances. Child protection and care activity has
been widely socialized. A national program of action for children was
implemented in the 1991-2000 period and has been adopted for the 2001-2010
period; a program of action for children in special circumstances was also
implemented in the 1999-2002 period; and training courses in children’s rights
have been held. A month of action for children from May 19 to June 30 is
organized every year. Social awareness of children’s rights has been increased
through song contests, paintings and quizzes about children’s rights.
Children’s participation has been encouraged through children’ rights forums,
clubs of child reporters, children-to-children activities and in the mass
media.
The Vietnamese law on children’s
rights has been regularly amended consistent with the country’s social context,
in order to pay more profound attention to guaranteeing and protecting
children’s rights and ensuring compliance with the principles of international
law on children’s rights. The Law on Children was adopted by the 13th National
Assembly in April 2016, which will come into force in June 1, 2017, with the
revision and supplementation of some articles to concretise the Constitution
and the convention. This
law stipulates children’s rights and duties, principles and measures to
guarantee the exercise of children’s rights, and responsibilities of agencies,
organizations, educational institutions, families and individuals for exercise
of children’s rights and duties. The Law also regulates foreign children residing
in Vietnam. It will replace the 2004 Law on Child Protection, Care and
Education.
The scope of regulation of the
law on children has been also expanded, covering the rights and duties of
children, responsibilities of the State, families and society for protecting,
caring for and educating children, legal liability for infringements upon
children’s rights and violations committed by children. Humanism has become a
principle for reforming the system of legal provisions on legal liability of
juvenile delinquents. At the same time, legal liability measures have become
more stringent against violations of children’s rights.
Under the Law, child protection,
care and education must be based on principles of non-discrimination and
guarantee of the best interests of children to exercise their rights and duties
for full and harmonious physical, intellectual, mental and moral development,
and to live in a safe and healthy environment. The fundamental rights and
duties of children, such as the right to birth registration and nationality,
the right to care and nurture, the right to respect for and protection of their
lives, bodies, dignity and honor, the right to healthcare, and the right to
learn, are defined in Chapter II of the Law. The responsibilities of society,
families, mass organizations and local authorities for protecting, caring for
and educating children are also provided in a separate chapter to ensure that
children can enjoy their 10 fundamental rights. The Law also contains
provisions on the duties of children, such as love and respect for
grandparents, parents and teachers, helping the old and weak, protecting the
environment, respect for law, etc. It also provides for prohibited acts,
including abandonment of children by their parents, inducement of children to
act in contravention of ethics and law, etc. These provisions have expressed
the fine traditions and morality of the Vietnamese people to save the best for
children, and have reflected the reasonable application of the principle “For
the best interests of children” laid down in the UN Convention on the Rights of
the Child.
The Vietnamese law on children
has made great contributions to the cause of child protection, care and
education, fully expressing the principles of the UN Conventions on the Rights
of the Child. Over the past years, our State and society have implemented many
programs and policies to deal with children’s problems. Millions of children in
particularly difficult circumstances have been protected and their living
conditions have been improved. Every year, over 200,000 children with
disabilities receive social relief; 55,000 orphans enjoy subsistence
allowances; about 44% children with disabilities are provided with
rehabilitation care; and nearly one million children of poor families enjoy
school fee exemption or reduction.
In
the near future, Vietnam will focus on the following major activities:
1. Continuing amendment and
perfection of legal provisions to ensure and protect children’s rights in
accordance with the principles of the Convention on the Rights of the Child,
with priority given to the rights to healthcare, material life, culture and
education.
2. Developing mechanisms for
coordination among the State, society, economic organizations, and voluntary
and non-governmental organizations in the implementation of children’s rights.
3. Promoting inspection and
supervision by the State and society of the handling of infringements of
children’s rights, such as child trafficking, violence against children, etc.
4. Increasing inspection of the
implementation of the Labor Code and the Law on Marriage and Family so that
children can better enjoy their interests.
5. Encouraging enterprises and
social organizations to make contributions to the fund for protection, care and
education of children.
6. Making preparations for
setting up a juvenile court in Vietnam.
7. Disseminating information and education on the
law on children’s rights./.
All comments [ 11 ]
Children are future of the country and need to be protected by all societies. Vietnam has done right things to implement that international pledge.
The Government pays special attention to vulnerable groups such as women, children, ethnic minorities and people with disabilities, including victims of war, and people living with HIV/AIDS.
Viet Nam creates the necessary conditions for the people to enjoy their right to health care, with priority given to women, children and ethnic minority people.
children are the future of nation, the prosperity of the country belongs to the striving and the effort of all children. Our country always manages to bring the best thing to children.
Recently, the Government issued the Decree No.56/2017/ND-CP on May 9th, 2017 on regulating a number of Article of Law on Children. In May 16, 2017, the Prime Minister signed the Directive No.18 on enhancing the solution for child abused and violent prevention, combat.
We call for all level, sectors, social organization collaborating with the location in child care and education help children having better lives.
It is a special gift for Action Month for children this year. This is the legal framework and the institutionalization of the guidelines and policies of the Party and the State on the implementation of the children’s rights in the new situation; it also defines the responsibility to implement the commitments under the United Nations Convention on the Rights of Children.
Bravo Vietnam!
By focusing on children and supporting their rights, businesses can benefit from improved access to skilled labour and improved employee satisfaction, improve the communities in which you work, raise the value of your brand and thereby also your bottom line.
It is necessary to increase coordination between families and schools to educate them on gender issues and prepare self-protection measures for children.
Children must be protected by laws. Vietnam's government has done right thing.
Your comments