MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN NHAT QUANG 443026 UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND ITS IMPLEMENTATION IN VIETNAM MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING HANOI LAW UNIVERSITY NGUYEN NHAT QUANG 443026 UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD) AND ITS IMPLEMENTATION IN VIETNAM Major: International Law GRADUATION THESIS Supervisor Nguyen Thi Hong Yen, PhD. ACCEPTANCE PAGE I Nguyen Nhat Quang from class K4430 acknowledge and accept the regulations setforth by Hanoi Law University regarding the storage and utilization of my Bachelor 's Graduation Paper in the library. Under these terms, I consent to making my deposited paper available for study and research purposes, subject to the usual gradelines established by the librarianfor handling. borrowing or reproducing the paper.
The originality of my deposited paper will be maintained to facilitate academic exploration within a prescribed framework determined by library regulations. Date: April #*, 2024 Confirmation of the Author of Bachelor's Thesis Supervisor ACKNOWLEDGEMENTS Undertaking this Thesis is a humbling experience and would not be possible without the help of others. Therefore, I must acknowledge the debts whichI have incurred throughout my research Whilst the creation of this Thesis is my responsibility, I would not have been able to complete it without the generous help of Dr. Nguyen Thi Hong Yen.
I am utterly obliged to Dr. Yen for her constructive comment, support, and encouragement, and it is with the utmost respect and regard that I will list her as my academic reference. Moreover, I would like to express my kindest thanks to the lecturers at the Faculty of International Law for your enthusiasm in teaching and for having created the most favorable conditions for me in the process of studying and conducting my graduation thesis at the Faculty. Attending at Hanoi Law University has always been my dream and now to present my Bachelor’s thesis, I would like to sincerely thank the management board, lecturers and staff at the Hanoi Law University for the lessons on law and life as well aswell as the enthusiasm and thoughtfulness for students during my time studying here.
LIST OF ABBREVIATIONS CEDAW Convention on the Elimination of All Forms of Discrimination Against Women 2 COSP Conference of States Parties 3 Convention on the Rights of the Child 4 Convention on the Rights of Persons with Disabilities 5 International Covenants on Civil and Political Rights 6 ICESCR International Covenants on Economic, Social, and Cultural Rights 7 International Labour Orgenization 9 Ministry of Culture, Sports and Tourism 10 Ministry of Science and Technology 11 Ministry of Information and Communication 12 Ministry of C onstruction 13 Ministry of Education and Training 14 Ministry of Finance : 16 MOLISA Ministry of Labour - Invalids and Social Affairs iv 17 MOT Ministry of Transport 18 MPI Ministry of Planning and Investment 19 NCD Vietnam National Committee on Disability 20 NGO Non-governmental Organization 21 NHRI National Human Rights Institution 24 PWDs Persons with Disabilities 25 SP States Parties 26 UDHR Universal Declaration of Human Rights 27 UN United Nations 28 UNGA United Nations General Assembly 29 UNICEF The United N ations Children’s Fund 30 USAID The US. Agency for International Development 31 VFD Vietnam Federation on Disability 32 Vietnamese Assistance for the Handicapped 33 World Health Organization 34 WPA World Programme of Action LIST OF TABLES AND FIGURES 1 Table 1. The structure of the CRPD kè ACCEPTANCE PAGE. JL, ahionate Por: thie ety -ssuesuesnhiisnongiitalainssebgteldfssiaszesloEisznpia-sgsoL 2.
3L, Bama iat the SIUDN::ccs015166200G5261A24008d088/ErsssltoitoisobsecisHCGsissdesoÐ 5. Methodology and Research Methods oo. AN OVERVIEW OF THE CONVENTION ON THE RIGHTS OF 1. Introduction to the human rights of persons with disabilities and CRPD.
Developm ent of the fundam ental hum an rights of persons with disabilities prior toi inception of CRED L10//60212002T8uH-d quai test lai tkntdsesti sieu 1. Formation of the CRPD as a key international legal instrument to protect and. promote fundamental human rights of persons with đísabilittes. LÍ 2; Conkerite of the! CD.
Objectivesiaf the CRED oc. ial cose Seema 1. Key Principles of the CRPD. Fundamental human rights of persons with disabilities under the CRPD.
General Obligations of States Parties under the CRPD. Mechanism to monitor the implementation of obligations under the CRPD by States 1. Function of the Committee on the Rights of Persons with Disabilities. The procedure for considering the Report of States Parties by the Committee BT 1.
Evaluating the effectiveness of the Committee’s activities: Situation, CHAPTER 2. VIETNAM AND THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES. Formation and development of the human rights of persons with disabilities in the 2. In Vietnam ese C onstitutions .:sso:secccezoieotiioorosdbcTE0dnioiilckiBdiGgatbsosstdkpcslassptiasdacbokaosáC SD: 2:2.
Signing and ratification of the CRPD. The process of implementation of theCRPD in Vietnam.6E112BW6:ADR-cccoccnsonibtuiesgincsostidootugitosdicisseglgvsicsnagostsssogsagsaaosscnazLffL 2. Responsibilities of the Focal Point and Coordination Mechatrsn. Vietnam’s participation in the Committee’s report review process.
Advantages and disadvantages of Vietnam in implementing the CRPD. Adventages of Vietnam in implementing theCRPD. Disadvantages of Vietnam in implementing theCRPD. Recommendations for Vietnam to effectively implement its obligations under the CRPD.
Recommendations in completing the legal system ơn the rights of persons with (GsaDIlÄHE8¿s.oseseeeniboaljemenatikeodllbeslosl/bessndbtf2265nssealesbnddlsssdo,sJBf 2. Recommendations to enhance the effectiveness of law enforcement. Promoting awareness and enhancing social understanding of the rights of persons with dịsabilifieS. 0 nh HH ng rrreree 65 2.
Fostering ethical awareness and legal consciousness in protecting and ensuring the rights of persons with đisabilities. Promoting disability prevention activifies. Rationale for the study Persons with disabilities (PWDs), due to their unique characteristics, often face difficulties in enjoying rights in various areas of life compared to others. Ensuring equality, non-discrimination, and the promotion of their rights have become global issues in legislative reforms, not just concerns for any particular progressive country.
As the global population continues to grow in the coming decades, and despite significant achievements and advances in medicine, culture, science, and technology, the number of PWDs is expected to increase due to various factors (such as ageing populations, poor health conditions, chronic diseases, non-communicable diseases, living in environments with poor sanitation, lack of clean water, and insufficient healthcare facilities, etc. The condition of disability subjects them to disadvantages in all aspects of social life, such as poorer health, lower education levels, less economic participation, and higher poverty rates compared to non-disabled individuals’. In many places and times, PWDs are even seen as “dangerous”, “abnormal”, or “special” and are often isolated from society or treated separately, such as being placed in social or medical institutions for care and treatment or educated in special schools detached from the outside world’. Within families, schools, society, and communities, PWDs are often despised and face various levels of discrimination.
Their portrayal in the media often depicts them as subjects of charitable activities that evoke pity rather than addressing their human rights. Despite constituting a significant portion of the global population and facing serious challenges, PWDs had not been explicitly designated as a protected group under the earlier human rights treaties within the UN framework. As a result, these treaties were often underutilised in promoting the rights of persons with disabilities. This oversight led to a pivotal event in the realm of disability rights: the adoption of the CRPD by the UN General Assembly on December 13, 2006, along with an Optional Protocol’.
The birth of the CRPD resulted from advocacy efforts by organizations, ' World Bank (2023), Disabikity Diclusion, hetps:/army svorldbank crg/entopic/dieabilzy,, assessed Juuury 18, 2024 2 Imo Marini (2017), “The History of Treatment Toward People With Disabilities”, Psychosocial Aspects of Disability, Springer Publishing Company ,p. ` Convention on the Rights of Persons with Disabilities, opened for signature 30 March 2007, 2515 UNTS 3 (entered into force 3 May 2008); Optional Protocolto the Conventionon the Rights of Persons with Disabilities, opened for signature 13 December 2006, Doc. tờ @oups, and movements of PWDs. This transition marks a significant mark for the global disability movement, which had long campaigned for a legally binding instrument to safeguard the human rights of PWDs.
The CRPD is thus considered a cornerstone of international legal frameworks, providing a basis upon which ratifying countries commit to enshrining and implementing the convention to ensure the rights of PWDs are upheld. The widespread ratification of the CRPD, with 186 countries having become signatories as of May 2022, underpins the global consensus and commitment towards improving the living conditions of PWDs and ensuring their full and equal participation in all aspects of life’. As a signatory, Vietnam was among the initial countries to take strong actions demonstrating its stance and officially ratified the Convention without reservations in 20142. Vietnam has instituted a regulatory framework of considerable comprehensiveness for the protection of the rights and lawful interests of PWDs.
Policies and legislation concerning PWDs have been refined and augmented to correspond with the dynamic socio-economic development of Vietnam, with the aim of facilitating the full social participation of PWDs. In tandem with policy enhancements, Vietnam has also launched numerous programs and initiatives aimed at raising public awareness about disability issues, promoting social inclusion, and combating stigma and discrimination against PWDs* By delving into this main subject matter of CRPD, the chosen topic “United Nations C onvention on the Rights of Persons with Disabilities and its implementation in Vietnam” is motivated by several key factors: Airstly, the CRPD represents a seminal advancement in the sphere of international human rights law, marking the first comprehensive human rights treaty of the 21 st century explicitly dedicated to the rights ofPWDs. It advocates for a shift from amedical model of disability to a social and human rights-based model”. This paradigm shift emphasizes the necessity for countries like Vietnam to adapt their legal 3 United Nations Treaties Collection = (md), 0w Sang «of =e CRPD, Uhreatios xm s MiewpD etails aspx?src= TREATY &mdsz no=IV-15éechapter=44clang= en, assessed Jameary 18,2024.
* Truong Hong Quang md Duong Thu Huong (2023), Crarent lav on the Rights of Persons with Disabilities mn Viemem, Jounal of Democracy and Law, hitps://dnclumhaphut vnishap-hut-ve-cuyen-cus-nguoi Maryet-tat- tai-vietmamhim-nay, assessed Januuury 18,2024. * USAID C023), Raising Voices, Creating Oppornosties IZ, https :Jhvvrvrusaid govivieuumlfact-sheetshaising- ‘voices-creating-opportinuties-ii, assessed Jammury 18,2024. "Theresia Degener (2016), ‘Disability in a Human Rights Context”, Jownal of Laws, Tưtps./Artrvv mai con/2075-471 1/5/3235, assessed Janmtary 18,2024. frameworks and implement the CRPD through coordination mechanisms towards disability, promoting inclusion, accessibility, and equality.
Secondly, Vietnam’s ratification of the CRPD signifies its commitment to improving the rights of PWDs within its borders. However, the transformation from commitment to actual implementation poses numerous challenges, including legal, social, and economic barriers Consequently, a thorough study will help identify existing gaps between international commitments under the CRPD and domestic law and practice in Vietnam, providing a clearer picture of what has been achieved and what remains to be done. Thirdly, while there have been studies on the CRPD’s implementation globally, there exists a gap in comprehensive research focused specifically on Vietnam’s progress. The need to research and suggest specific, contextually appropriate legal remedies tailored to Vietnam’s unique conditions is increasingly critical to enhancing the protection and empowerment of PWDs.
Particularly, given Vietnam’s status as a developing nation with limited experience in fully implementing disability rights, the importance of studying andrecomm ending improvements to national legislationis more vital than ever. Literature review Regarding foreign studies, scholarship relating to the topic has significantly expanded since the advent of theCRPD. Nonetheless, this body of work predominantly analyses disability-related issues as distinct entities separate from broader human rights considerations, thus primarily anchoring its focus within the disability law sphere. Cogburn and Reuter (2017) delve into the specific regional implementation of the CRPD within ASEAN countries in “Making Disability Rights Real in Southeast Asia’, highlighting the global significance of the CRPD as the first treaty of the twenty- first century dedicated to human rights and development.
This volume serves as a comprehensive resource for understanding the CRPD implementation across different national contexts within Southeast Asia Della Fina et al.