MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY DOAN THU NGA 463026 SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS UNDER VIETNAMESE AND AUSTRALIAN LAW — A COMPARATIVE PERSPECTIVE BACHELOR’S THESIS Hanoi, 2025 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY DOAN THU NGA 463026 SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS UNDER VIETNAMESE AND AUSTRALIAN LAW —A COMPARATIVE PERSPECTIVE Major: Comparative Law BACHELOR’S THESIS SUPERVISOR: DR. DAO LE THU Hanoi, 2025 ul STUDENT DECLARATION I herewith formally declare that I myself have written the submitted bachelor’s Thesis independently, the conclusions and datas in the Bachelor’s Thesis are truthful and reliable. Supervisor’s confirmation Author of Bachelor’s Thesis Đào Lệ Thu Doan Thu Nga iil ACKNOWLEDGMENT Firstly, I would like to express my heartfelt gratitude to my supervisor, Dr. Dao Le Thu, who gave me such a great opportunity to do this graduation thesis on the topic “Sexual and Reproductive Health and Rights under Vietnamese and Australian law — A comparative perspective”.
I would like to thank Dr. Dao Le Thu for her instruction to help me finalize this thesis. Her support, patience and motivation have deeply inspired me. It was an honor to work and study under her guidance.
Secondly, I would also like to extend my sincere appreciation to all the lecturers at Hanoi Law University. This thesis would not have been possible without their dedicated teaching and support. I am profoundly grateful for the legal knowledge and academic foundation I have gained, which enabled me to develop and articulate my ideas in this thesis. I am deeply thankful to my family and friends for their unconditional love and support.
Their encouragement has meant the world and has shaped both my studies and who I am today. Finally, due to my lack of professional experience and knowledge, I humbly welcome any comments or suggestions from lecturers and readers to further improvement of the thesis’s content and quality. Thank you for your support and inspiration! iv LIST OF ABBREVIATIONS ACT : Australian Capital Territory AIDS : Acquired Immuno Deficiency Syndrome ART : Assisted reproductive technology CEDAW : Convention on the Elimination of All Forms of Discrimination Against Women CRC : Convention on the Rights of the Child CRPD : Convention on the Rights of Persons with Disabilities HIV : Human Immuno-deficiency Virus ICCPR : International Covenant on Civil and Political Rights ICESCR : International Covenant on Economic, Social and Cultural Rights ICPD : International Conference on Population and Development Programme IUDs : Intrauterine devices IVE : In-vitro fertilization LARCs : Long-acting reversible contraceptives LGBTQ+ : Lesbian, gay, bisexual, transgender and queer or questioning SRHR : Sexual and Reproductive Health and Rights STI : Sexually transmitted infection UNESCO : United Nations Educational, Scientific and Cultural Organization UNFPA : United Nations Population Fund UNHRC : United Nations Human Rights Committee V TABLE OF CONTENTS FRONTISPIECE aaaeedaaeierderdrdraatnaoooiiiotnoalkngvv600000g80010046695058400/638 00180003 i STUDENT DECLARATION 7 5." ii ACKNOW LEDGMEN gp 7.iii LIST OF ABBRREEVLA TIONNS.- <- << Si HH ng gan 00 6 4608996 iv TABLE OF CONT ENS cancramnnmnenmnanmannmneniomnnnvememnmmumennnmnens V Í„ AOA TE TE GHI wecencereeecconennceremeennooneccunnnenenaccoonneenomco sion 1 2. Literatur’ REVIiCW haeaaaiaioatioanaiitiniioiiiititdunlatiplaptikfstaviliiiitiailiflii401ii01i50))66i004146tiif5604 t2 28 PORT PRD NIHĂHUNT keuuraenhndragotiinlstinttSEGELAISSE00.2 Domestic PUBLICAtiONS: seessessessessesvsecsesseeseescescesseeseeceeseeseeseeseeseeseeseeseeseeseeneeseeseesaeeaeeaeeas 3 3.
Objectives and tasks Of the Thesis. The object and delimitation of the 'THheSIS. Methodology and research methods of the Thesis. Scientific and practical implication of the “TheSÌÏS.-««-««««esessse 5 (Seog p0 Tie THÂN neanaes 6 CHAPTER 1.
THEORETICAL ISSUES OF SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTỀS.1 The concept of sexual and reproductive health and rights .2 The necessity and significance of law on sexual and reproductive health 6S 1. sanggaaaỹi-siieriiiiainigaitastiasgtiiatigirtddigiidiiiditsugiidrgiiigiigoiiiiiiggbsggbiiugiiiiagiicgiidiEr38Sugiđã 11 1.3 The fundamentals of law on sexual and reproductive health and rights 13 1.1 The objectives of law on sexual and reproductive health and righứs.2 The principles of law on sexual and reproductive health and rights .3 Other contents of law on sexual and reproductive health and rights.20 Conclusion of Chapter Ì sscsnnnnncnnnmnnnnmmnasmenannncncmmansmaumeanmenascns 25 CHAPTER 2. SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS UNDER AUSTRALIAN LAW sisssscsissssnssssisavssnsaccnnnassasnsnsunnserancasannsasacensmencnauvassaess 27 vi 2.1 The legal framework of sexual and reproductive health and rights in PAIS CAND csscssicctensgero sins sniennnnsoraenaninitnsmancenin arin isms nsec rani nes it Rena 27 2.2 The fundamentals of law on sexual and reproductive health and rights in PC nuaoaianirutittottttottddagirafitfigteffi8EnigiiiitiBBSiEERIERSSN8SR/VEESSiIIGUSBSRSDISGiSDGS00f89 30 2.1 The objectives of law on sexual and reproductive health and rights in Ce 30 2.2 The principles of law on sexual and reproductive health and rights in DL ee 31 2.3 The contents of law on sexual and reproductive health and rights in BS ee ee 34 CHAPTER 3. SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS UNDER VIETNAMESE LAW —- COMPARING WITH AUSTRALIA AND PROPOSALS FOR VIETNAM.
Ăn HH Hy HHY Hy my gu mu ga ngan 40 3.1 Sexual and reproductive health and rights under Vietnamese law.1 The legal framework of sexual and reproductive health and rights in Ce 40 3.2 The fundamentals of law on sexual and reproductive health and rights in fC, uuoagnnntrtaitndinitigiitdilti00100601338389811338g8040135E0811G381S:BS00I8H9E18HE0011658ST8HITĐGHI3GH.2 The comparison between Vietnamese law and Australian law on sexual and reproductive health and righ(S.1 The comparison in legal framework of sexual and reproductive health and rights between Vietnamese law and Australian ÏqW.2 The comparison in the fundamentals of law on sexual and reproductive health and rights between Vietnam and AUstr lid.3 Proposals for the enhancement of Sexual and Reproductive Health and Rights in Vietnam from Australian ©XD€FÏ€IIC€S.<esesseseesesessessse 50 A ft iisiili CN GiL caaseeeeesasieieeisisdilasassaseiesdoustolagebSusaskbalSetDEssigidoigligaseiegke 54 COSC LUN oommnnomnmnmemnnnaneaman eEReNEN 56 REFERED CE 6 0 VỊ 111111. Rationale of the research According to international human rights frameworks, such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), every individual has inherent sexual and reproductive health rights essential for their overall health, autonomy, and dignity. Nevertheless, as a matter of fact, the implementation of sexual and reproductive health rights has still faced significant legal, socio-cultural, and practical barriers worldwide, limiting equitable access to effective and essential health services. The complexity of sexual and reproductive health and rights (SRHR) issues arises from the intersection of health, human rights, gender equality, and sustainable development.
Specifically, legal frameworks governing SRHR vary greatly between countries, resulting in disparities in healthcare access, individual autonomy, and protection against discrimination. These disparities highlight the need for comprehensive analyses that explore theoretical foundations, existing legal structures, and the practical realities of implementing SRHR legislation in different contexts. In this regard, the study comparatively analyzes the SRHR legal frameworks of Vietnam and Australia. Vietnam, despite strong constitutional and legislative bases, faces challenges in implementation due to cultural, social, and resource constraints.
Australia, meanwhile, provides valuable lessons through progressive legal reforms and strong enforcement mechanisms that have significantly advanced reproductive rights and healthcare accessibility. From the researcher’s perspective, an international comparative approach provides the most effective means of addressing these critical gaps and informing future policy reforms. Therefore, this research aims to propose relevant and practical recommendations for Vietnam, inspired by Australia’s experiences, to enhance legal 2 protections, healthcare delivery, and overall public understanding of sexual and reproductive health and rights. Ultimately, this research represents a novel contribution, combining theoretical insights with practical comparative analyses, aiming to foster stronger, rights-based legal environments and improved healthcare outcomes.
Literature Review To comprehensively analyze the legal frameworks concerning SRHR, the researcher has examined a broad range of literature, including academic publications, institutional reports, legal instruments, and scholarly analyses from both international and Vietnamese perspectives. The following are significant publications reviewed for this research, clearly categorized into foreign and domestic publications: 2.1 Foreign Publications: In the publication by the World Health Organization (WHO), "Sexual health, human rights and the law" (WHO, 2015), the authors meticulously explored the intersection between sexual health, human rights, and legislative frameworks. This publication critically assesses existing global challenges and legal barriers to sexual health, and provides practical recommendations for aligning national laws with international human rights standards. In the United Nations Population Fund (UNFPA) report, "State of World Population 2022: Seeing the Unseen — The case for action in the neglected crisis of unintended pregnancy," the authors highlight the global scale and urgency of addressing unintended pregnancies, emphasizing policy measures, including reproductive healthcare, comprehensive sexuality education, and equitable access to reproductive healthcare services as vital components for advancing SRHR.
3 A critical international reference is the report of "Accelerate progress—sexual and reproductive health and rights for all" (The Guttmacher—Lancet Commission, 2018). This publication emphasizes a comprehensive definition of SRHR, including a wide range of often-overlooked services such as safe abortion care, infertility treatment, prevention of cervical cancer and sexually transmitted infections, and strategies to counter gender-based violence. It highlights persistent global challenges, such as stigma, restrictive laws, insufficient healthcare access, and the need for governments to adopt integrated, rights-based approaches to address these issues effectively 2.2 Domestic Publications: In “Sức khoẻ sinh sản và tình dục của vi thành niên và thanh niên Việt Nam: Tình hình và các chính sách” (Sexual and Reproductive Health of Vietnamese Youth: The situation and policies) published in the Vietnam Journal of Public Health. This research specifically analyzes Vietnam's legislative and policy frameworks governing SRHR, highlighting existing disparities between urban and rural access to services, gaps in comprehensive sexuality education, and the persistent influence of cultural barriers.
The authors emphasize the need for stronger enforcement of current policies, recommend integration of comprehensive sexuality education into national curricula, and call for addressing socio-cultural barriers that hinder equitable service access. This analysis critically highlights areas for policy improvement, aligning closely with international human rights standards and practices. In "Một số van dé về bảo vệ quyền của phụ nữ va trẻ em gái bằng pháp luật hình sự Việt Nam" by Phan Thị Thu Lê and Hoàng Hải Yến in 2020 ("Some Issues on Protecting the Rights of Women and Girls through Vietnamese Criminal Law") examines the legal mechanisms in Vietnam aimed at safeguarding the rights of women and girls through criminal law. The study highlights the existing legal provisions designed to protect this vulnerable group and identifies challenges in 4 enforcement and areas where the law may be insufficient.
The author emphasizes the necessity for legal reforms to enhance the effectiveness of these protections, ensuring that the rights of women and girls are adequately upheld within the Vietnamese criminal justice system. Objectives and tasks of the Thesis The study aims to make some proposals for the improvement of the law on SRHR in Vietnam from Australia experience. To achieve these goals, the author focused on the following tasks: - Analyzing the theoretical issues on SRHR; - Clarifying the law on SRHR in Australia based on four elements: the legal framework on SRHR, the objectives of law on SRHR, the principles of law on SRHR, the contents of law on SRHR; - Comparing the similarities and differences in the SRHR law of Vietnam and Australia; - Preparing some proposals for the improvement of the law on SRHR in Vietnam. The object and delimitation of the Thesis In terms of the research object, the thesis focuses on examining the legal frameworks, policies, and implementation mechanisms concerning Sexual and Reproductive Health and Rights (SRHR).
The specific attention is given to the legislative provisions, judicial interpretations, healthcare services, and socio-cultural contexts affecting the practical realization of reproductive rights and healthcare accessibility in Vietnam and Australia. Regarding the research delimitation, the thesis comparatively analyzes SRHR legal frameworks within Vietnam and Australia. The intentional choice of these two countries is informed by the distinctiveness of their socio-cultural backgrounds, 5 legislative histories, and implementation practices. Vietnam represents a developing country context with strong constitutional commitments yet significant challenges in practical implementation, influenced by traditional values and resource constraints.
In contrast, Australia provides a developed country perspective characterized by progressive legal reforms, well-established healthcare systems, and effective enforcement mechanisms. The comparative approach facilitates a multi-dimensional understanding and enables meaningful insights and practical recommendations for enhancing Vietnam's legal and policy landscape concerning sexual and reproductive health rights.
