VIETNAM NATIONAL UNIVERSITY, HANOI SCHOOL OF LAW GRADUATE THESIS TOPIC Ensuring equal rights of gay, bisexual and transgender (LGBT) people: international law and reference value for Vietnam Full name: Nguyen Doan Khanh Trung Instructor: Assoc. Nguyen Minh Tuan Class: K63CLC – QH-2018-L Hanoi, 2022 GUARANTEE I hereby declare that this is my own research work, that the conclusions and data in the thesis are truthful and reliable. Confirmation of Graduation thesis author instructor Nguyen Doan Khanh Trung 1 GRATEFULLNESS I would like to express my sincere thanks to Assoc. Nguyen Minh Tuan, who suggested the topic as well as the guide, who gave me useful advices, experiences and his enthusiasm.
Personally, I would like to thank the Faculty of Law - Hanoi National University for creating conditions for us to have the opportunity to develop ourselves. The following is my dissertation, I hereby declare that it is my own research based on well-documented references. 2 Table of contents INTRODUCTION. The urgency of the subject.
Purpose and mission of the study. Research object, research scope of the Thesis. The research methods used to conduct the thesis. Scientific significance of the Thesis.
11 Chapter I: General theory of homosexuals, bisexuals and transgenders. Gay, Bisexual and Transgender. The importance and meaning of the law for groups of people. Ensuring equal rights for groups of people.
19 Chapter II: Law on ensuring equal rights of gay, bisexual and transgender (LGBT) people. Legislation for gay, bisexual and transgender people. Views and laws of Vietnam in particular. Rights of LGBT people according to Vietnamese law.
General international laws and regulations. Experience and lessons learned. Principles for ensuring the rights of LGBT people. Guarantee of rights in law.
39 CONCLUSION OF CHAPTER II. 45 Chapter 3: Directions and practical recommendations. Difficulties and inadequacies in practice. Specific recommendations and suggestions.
Proposals on the issue of recognition of rights. Recommendations on the issue of building a mechanism to ensure implementation. 56 List of references. The urgency of the subject In any era, social life always has a certain diversity and richness.
Expression of emotions, feelings or sexual orientation is no exception to that rule. In the past, we almost only talked about a society with families that were a union between a man and a woman for the purpose of maintaining the species. At that time, the fact that a person loves someone of the same sex or wishes to have another gender are very strange things, even considered pathological. In fact, homosexuality, bisexuality, transgender or intersex have existed for a long time in society and are clearly depicted in today's modern society.
Human rights are one of the highest values that all countries uphold and protect. Each country builds its own legal system based on political, socio-economic conditions and traditional cultural values of the country to ensure that human rights are implemented in the best way. and most complete. The development of human rights is associated with the economic, political, cultural and social development of each country.
In the theory of modern human rights, the rights of gay, bisexual, transgender and intersex people, as well as the rights of other groups such as people living with HIV/AIDS, migrant workers, etc., have received more and more attention. In which, the homosexual, bisexual, transgender and intersex groups are related a lot to issues of gender, gender, gender expression, sexual orientation and gender identity. The rights of these subjects have become a controversial issue in many countries around the world in the process of law- making and enforcement. However, reality shows that the trend of supporting the rights of these subjects in the world is also increasing.
In Vietnam, gay, bisexual and transgender people have been increasingly studied by scientists in recent years. In the field of legal 5 science, there is still a lot of research space on rights and laws on the rights of these subjects. In theory, a number of issues have not been clarified, for example: the nature of rights of gay, bisexual and transgender people; legal reasons to recognize the rights of these subjects; position of rights of these subjects in the legal system. These are issues that need to be thoroughly researched and explained in order to contribute to building and supplementing the system of theoretical foundations of rights and the law on rights.
of gay, bisexual, transgender and intersex people. In practice, like many countries in the world, gay, bisexual, transgender and intersex people are a minority group in terms of population (besides heterosexual majority group) and are increasingly present. features in Vietnamese society. Overall, according to Vietnamese law, this group of people currently or have almost all of the same rights as other heterosexuals.
However, for various reasons, they have not yet been legally recognized for some rights such as the right to marry of the same sex, the right to have children, or have recognized rights but no enforcement mechanism (gender transition). count)… Besides, some rights in other fields such as criminal justice, civil rights, legal aid, gender determination. still have barriers in practice. Along with the traditional concept of social classes, stigma and discrimination against these subjects are quite common.
From that, it can be seen that the law on the rights of gay, bisexual and transgender people in Vietnam still has certain gaps. The Constitution of the Socialist Republic of Vietnam promulgated in 2013 emphasized that “human rights, civil rights in politics, civil, economic, cultural and social are recognized, respected and protected. protected and guaranteed according to the Constitution and the law” (Clause 1, Article 14) and “Everyone is equal before the law. No one should be discriminated against in political, civil, economic, cultural or social life.
These new provisions of the 2013 6 Constitution set forth many requirements for the improvement of the legal system on human rights in general and the rights of gay, bisexual, transgender and intersex people in particular. In addition, Vietnam is currently in the process of implementing or developing and completing a number of legal documents related to the rights of these subjects such as the 2015 Civil Code, the Penal Code, and the 2015 Civil Code. 2015 (amended and supplemented in 2017), the Law on Marriage and Family in 2014, the Law on Gender Transformation, the Labor Code. Starting from the above context, the study of gay rights, Bisexual, transgender and intersex will contribute to perfecting the law to ensure human rights, improve the social value of the law in Vietnam and in line with the general trend of the world.
Therefore, I decided to choose the topic "Ensuring the equal rights of gay, bisexual and transgender (LGBT) people: international law and reference value for Vietnam" do graduation thesis of high quality jurisprudence program according to Circular 23. Purpose and mission of the study 2. Research purposes The purpose of the thesis is to provide valid, comprehensive and appropriate arguments for a system of solutions to complete the Vietnamese legal system on the rights of gay, bisexual, transgender and intersex people. gender in the coming time, especially to ensure equal rights.
Research mission Based on the above research purpose, the thesis has the following research tasks: 7 - Research theoretical issues on homosexual, bisexual, transgender and intersex people; theory of rights and legislation on the rights of gay, bisexual, transgender and intersex people; factors affecting the formulation and implementation of the law on the rights of these subjects; development trend of international law and international law on the rights of these subjects. - Research on legal practice on rights of gay, bisexual, transgender and intersex people in Vietnam this object and issues raised in law enforcement practice). - On the basis of results obtained from theoretical and practical research, the research thesis proposes viewpoints and solutions to improve Vietnam's law on the rights of gay, bisexual, transgender and intersex people. gender and contribute to promoting the enforcement of the law on the rights of these subjects in the coming time.
Research object, research scope of the Thesis 3. Research subjects The research object of the thesis is awareness, practice and law on rights, the guarantee of equal rights, of gay, bisexual and transgender people in Vietnam as well as international reference values. Research scope The thesis studies the rights of gay, bisexual and transgender people in the Vietnamese legal system, focusing on specific rights, which are limited, unrecognized or have been recognized but there are many problems in practice; There are comparisons with international law and the laws of some countries around the world on the rights of gay, bisexual and transgender people. The research methods used to conduct the thesis Regarding the methodology, in order to solve the posed tasks, the thesis is based on the dialectical and historical materialism methodology of Marxism - Leninism; Ho Chi Minh Thought; theoretical viewpoints, lines of the Communist Party of Vietnam and laws of the State.
The thesis uses some specific research methods as follows: The direct research methods are: analytical method, synthesis of legal provisions, statistics, the thesis also uses a little comparison to clarify the difference but has inheritance, perfecting regulations on a number of international and national laws different from ours. Scientific significance of the Thesis The research results of the thesis will clarify the human and legal aspects of: Ensuring equal rights of gay, bisexual and transgender (LGBT) people: international law and values Reference for Vietnam - The thesis contributes to overcome the limitations and inadequacies of the law on the rights of gay, bisexual, transgender and intersex people in Vietnam today by providing solutions to improve the legal system, Law enforcement is based on the requirements of the recognition, respect, protection and guarantee of human rights. The solutions of the thesis can serve as a reference value for law-making agencies and law enforcement agencies on the rights of gay, bisexual and transgender people. - The thesis is a reliable and necessary reference source for scientific research and reference in research institutions, or for legal agencies and organizations in the process of perfecting the law.
on legal aid in Vietnam. Thesis layout In addition to the introduction, conclusion and list of references, the content of the Thesis consists of 3 chapters: - Chapter I: General theory of homosexuals, bisexuals and transgenders - Chapter II: Law on ensuring equal rights of gay, bisexual and transgender (LGBT) people. - Chapter 3: Directions and practical recommendations 10 CONTENT Chapter I: General theory of homosexuals, bisexuals and transgenders 1. General introduction Up to now, LGBT people have been classified as vulnerable people.
The concept of vulnerable groups is very commonly used in international legal documents and in research and practice activities on human rights around the world. Although there is no general official definition of vulnerable groups, it can be understood from human rights literature and practices that this concept refers to groups, communities, or groups of people. have a lower political, social or economic status, which puts them at greater risk of neglect or violation of human rights, and therefore require special attention and protection compared to with other groups and communities. ( 1) Some groups of people are considered vulnerable in international human rights law including women, children, people with disabilities, people living with HIV/AIDS, displaced or displaced persons, people stateless people, migrant workers, minorities (ethnicity, race, religion, gender.), indigenous people, war victims, those deprived of their liberty, the elderly, etc.
Over time, this list may be expanded to include groups of people at high risk of human rights in a variety of contexts and contexts (internationally, regionally, country, in the family, at work or in society). Making up the bulk of the content on group rights, the rights of vulnerable groups constitute an important part of international human rights law.