Using family values-prioritised culture to tackle domestic violence has reduced the compatibility of the Law on Domestic Violence Prevention and Control with Vietnam’s legal system and international standards.
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The information was revealed through a survey on the enforcement of the anti-domestic violence law conducted by the Ministry of Culture, Sports and Tourism (MCST) and the UN Population Fund. The survey findings were shared at a workshop in Hanoi on December 14, part of a project on the national response to domestic violence.
MCST Deputy Minister Vuong Duy Bien said the survey is part of preparations to revise the anti-domestic violence law. It was carried out from 2015 and questioned victims and abusers.
The law, which took effect in July 2008, is basically compatible with many international and regional standards on human rights, as well as other laws in Vietnam’s legal system. It has met demand of domestic violence victims by specifying protection mechanisms, assistance, and the handling of abusers.
However, there exists overlaps in state management of gender equality, child and elderly protection, and domestic violence prevention between the MCST and the Ministry of Labour, Invalids and Social Affairs.
The protection of and assistance to victims, especially children, people with disabilities, the elderly and women, remains limited, the survey showed.
Experts recommended Vietnam fine-tune regulations in the law to ensure its compatibility with international standards and the 2013 Constitution.
The most important thing is that the law should stipulate that gender equality and non-discrimination are the foundation for dealing with violence against women and girls. It is also in line with the 2013 Constitution which stresses the rule of law in protecting human rights in Vietnam.
Additionally, amendments to the law should take into account issues such as minimising the use of conciliation as a way to deal with domestic violence, using the principle of gender equality to devise domestic violence prevention efforts, making only one agency responsible for handling domestic and gender-based violence and gender equality, participants said.
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