VIETNAM NATIONAL UNIVERSITY, HANOI SCHOOL OF LAW NGUYEN LUU HOANG NGHIA Ensuring the right to legal aid of abused women in Vietnam today GRADUATE THESIS UNIVERSITY GRADUATION COURSE BRANCH LAW Training system: High Quality Course: QH-2018.-SOL HANOI, (2022) VIETNAM NATIONAL UNIVERSITY, HANOI LAW DEPARTMENT ----------------------- NGUYEN LUU HOANG NGHIA Ensuring the right to legal aid of abused women in Vietnam today UNIVERSITY GRADUATION COURSE FACULTY OF LAW Training system: High Quality Course: QH-2018-L INSTRUCTOR: Assoc. Nguyen Hoang Anh HANOI, 2022 1 GUARANTEE I hereby declare that this is my own research work, that the conclusions and data in the thesis are truthful and reliable. Graduation thesis author (Sign and write full name) 2 TABLE OF CONTENTS GUARANTEE 2 PREAMBLE 5 1. Reason for choosing the topic.
Research about situation of the topic. Research purpose and tasks. Research object, research scope of the Thesis. The research methods used to conduct the thesis.
The scientific significance of the Thesis. 9 CONTENT 11 Chapter 1: Theoretical and legal basis for ensuring the right to legal aid for abused women in Vietnam. The concept of ensuring the right to legal aid for abused women. Law on ensuring the right to legal aid for abused women in Vietnam.
33 CHAPTER 2: SITUATION OF GUARANTEEING THE LIGHT OF AGREEMENT OF WOMEN IN VIOLATION IN VIETNAM TODAY AND SOLUTIONS TO GUARANTEE THE TRY OF AGREEMENT OF WOMEN IN VIOLATION IN VIETNAM TODAY. Current status of women experiencing violence in Vietnam. Some solutions to ensure the right to legal aid of abused women in Vietnam today. 60 CONCLUSION 61 LIST OF REFERENCES 62 4 PREAMBLE 1.
Reason for choosing the topic The right to legal aid, although not specifically recognized in the Constitution, is an important right, especially in the context that Vietnam is building a socialist rule of law state. Legal aid is a legitimate request of an individual or a certain group of people to have access to a free legal service system based on the provisions of the law. Judicial practice and human rights assurance in the world have shown that legal aid activities are of special importance in ensuring and realizing human and citizen rights. In Vietnam, legal aid is even more necessary in order to provide appropriate legal services to women in difficult circumstances, especially those who have experienced both physical and mental abuse and other policy beneficiaries so that they can best exercise their rights and obligations in the socialist-oriented market economy.
Legal aid is one of the areas of interest to the Party, State and society. More than a decade has passed, in response to the new development requirements of the country, the implementation of the 2013 Constitution, many important new laws were promulgated by the National Assembly, many reform policies were passed. These include strengthening law and judicial reform in line with the Resolution of the 12th National Congress of the Party and requiring proactive and active international integration and legal aid activities. has revealed a number of limitations and inadequacies that need to be studied and modified.
On June 20, 2017, the XIV National Assembly approved the Law on Legal Aid No. 11/2017/QH14 with 100% approval of the National Assembly deputies present, creating a legal basis for sustainable development. legal aid work to a new height, both in line with the reality of the country's development requirements and integration with regional and international development trends. It can be seen that, basically, the system of 5 legal documents regulating legal aid of Vietnam has internalized relevant commitments in international treaties to which Vietnam is a member, such as: : International Convention on Economy, Society and Culture (CESCR); International Covenant on Civil and Political Rights (CCPR); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); International Convention on the Elimination of All Forms of Racial Discrimination (CERD); Convention on the Rights of the Child (CRC); Convention on the Rights of Persons with Disabilities (CRPD).
At the same time, the legal system on legal aid is becoming more and more complete. Currently, there are about 20 legal documents in effect regulating this field; including 01 Law, 01 Decree, 01 Decision of the Prime Minister, 08 Joint Circulars, 08 Circulars of the Ministry of Justice. These legal documents have created a synchronous and unified legal basis, quite comprehensively adjusting legal aid work from legal aid recipients to standard conditions, rights and obligations of legal aid recipients. legal aid providers and organizations; responsibilities and coordination mechanism of relevant agencies and organizations; financial mechanism; organizational model, state management and social participation.
However, due to a number of reasons, abused women in Vietnam still face many inadequacies and difficulties not only mentally but also financially, so they do not seem to be fully aware of their right to help. legal aid, do not know where to contact for legal aid, do not know how to use the right to legal aid. In addition, the quality of some legal aid activities is still not high, so it has not spread widely in the community, ensuring the right to legal aid of competent agencies and people with Violence against women has not been really focused and taken seriously. Due to fear, traditional beliefs and limited understanding of the law, many women who have suffered violence still do not have a voice.
6 Stemming from the above reasons, I chose the topic: "Ensuring the right to legal aid of abused women in Vietnam today" as the graduation thesis of a high-quality jurisprudence program according to Circular 23. Research about situation of the topic In recent years, there have been many topics, research works, a number of theses, doctoral and master's theses related to the legal provisions on legal aid such as: Doctoral theses, Master's Thesis: Tran Thi Chinh (2019), "Ensuring the right to legal aid of ethnic minorities through the practical operation of the State Legal Aid Center of Lao Cai”, “Implementing the law on legal aid for the poor and policy beneficiaries in Ninh Binh province”: Master thesis of jurisprudence / Doan Thi Ngoc Hai, doctoral thesis of jurisprudence Ta Minh Ly: “ Adjusting the law on legal aid in Vietnam in the context of renovation” Research results of published works, topics, and articles by scientists, educators, and legal experts so far have partly solved both theory and practice, studying the implementation of the law on legal aid in general for a group of people eligible for legal aid in particular, such as the poor, but there is no document mentioning violence against women, is this a problem? overlooked in Vietnam. These studies are all based on the Law on Legal Aid 2006, there is one study based on the Law on Legal Aid 2017 and were carried out in many fields, locations, and different subjects, so there are many unique characteristics in terms of natural conditions, socio-economic conditions, traditional culture, etc. For the author to research when the 2017 Law on Legal Aid has been in effect and has been in place for more than a year, affirming that legal aid is an important element in the criminal justice system, is the responsibility of the State for women who have suffered violence and their right to legal aid are 7 new and unique.
To date, there have been no specific studies on ensuring the right to legal aid of abused women. Research purpose and tasks The purpose of the thesis is to research and clarify the guarantee of the right to legal aid of abused women in Vietnam today and the current status of ensuring this right through the activities of Legal Aid Centers, National Institutes of Law and Government. On that basis, the author proposes directions to improve the law, solutions to improve the quality of legal aid activities for abused women, thereby creating favorable conditions for abused women. access to free legal aid services in the simplest and most convenient way.
For that purpose, the Dissertation aims to deal with specific studies as follows: - Research to clarify the theoretical and legal bases on the right to legal aid of abused women through the concept, content, characteristics and roles. - Synthesize data from years, clarify the advantages, limitations, difficulties, problems, inadequacies and causes. - On the basis of research results, give and explain the direction of perfecting the law and improving the quality of legal aid activities for ethnic minorities, proposing solutions to improve the quality of the law. legal aid activities to ensure the right to legal aid of abused women in Vietnam in the coming time.
Research object, research scope of the Thesis Research object: The thesis focuses on the theoretical and legal issues of legal aid, the right to legal aid of abused women and the current situation in Vietnam. 8 Research scope: The thesis focuses on researching legal provisions on legal aid in order to clarify the right to legal aid of abused women. The thesis also researches and evaluates the practice of legal aid in Vietnam today. However, for comparison purposes, the author only focuses on researching on the basis of theory and data from 2010 to 2019, which is the period of organizing the implementation of the 2006 Law on Legal Aid and the Law on Legal Aid.
The research methods used to conduct the thesis This thesis is made on the basis of the methodology of Marxism- Leninism and Ho Chi Minh's thoughts on materialistic and historical dialectics. The direct research methods are: analytical method, synthesis of legal provisions, and statistics, the thesis also uses a little comparison to clarify the difference but has inheritance, finalize the regulations on legal aid in 2006 and the Law on Legal Aid in 2017. The scientific significance of the Thesis - The thesis helps to clarify the theoretical and legal issues of legal aid, legal aid to abused women, ensuring the right to legal aid of abused women. - The research results of the Thesis can be used as a reference for students.
- The recommendations raised in the thesis are of reference value for legal agencies and organizations in the process of perfecting the legal aid legislation in Vietnam. Thesis layout In addition to the introduction, conclusion and list of references, the thesis consists of 2 chapters: - Chapter 1: Theoretical and legal basis for ensuring the right to legal aid of abused women in Vietnam 9 - Chapter 2: The current situation of ensuring the right to legal aid of abused women in Vietnam and solutions to ensure the right to legal aid of abused women in Vietnam today. 10 CONTENT Chapter 1: Theoretical and legal basis for ensuring the right to legal aid for abused women in Vietnam 1. The concept of ensuring the right to legal aid for abused women 1.
General overview of legal aid In the world, legal aid activities have a history of birth about 500 years ago and originated in England (XV century), Germany and the Netherlands in the mid-nineteenth century, then France. The US appeared later in the early twentieth century, in Australia and some countries in the region such as: Singapore, Malaysia, Cambodia, and China, ., in each country, the concept of legal aid is also different. depending on the political regime and economic conditions of each country. The term "legal aid" has been widely used in the world since the mid- nineteenth century and published in English as: Legaka aid.
According to the English-Vietnamese dictionary of author Le Kha Ke, Social Science Publishing House, 1997, "legal aid" is translated as "legal aid". In addition, in some other documents, "legal aid" is translated as "legal aid", "legal aid" or "judicial assistance". Countries around the world organize and conduct legal aid activities in a very rich and diverse manner depending on the socio-economic development conditions of each country. There are many models of legal aid available, with differences in the object, scope, method, and cost of aid worldwide.