HANOI LAW UNIVERSITY443026 UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES CRPD AND ITS IMPLEMENTATION IN VIETNAM... 17 MOT Ministry of Transport18 MPI Ministry of P
General Obligations of States Parties under the CRPD
Article 4 outlines the essential obligations that State Parties (SP) have committed to by ratifying the Convention on the Rights of Persons with Disabilities (CRPD) This provision clarifies both the scope and legal nature of these obligations, which encompass a range of responsibilities from general principles to specific actions Understanding these obligations is vital for comprehending the extent of commitment required under the CRPD.
The right to decent work for persons with disabilities is emphasized in Article 27 of the United Nations Convention on the Rights of Persons with Disabilities This article highlights the importance of ensuring equal opportunities and support for individuals with disabilities in the workforce Additionally, Article 30 reinforces the need for inclusive practices in cultural and recreational activities Research by Valentina Della Fina, Rachel Cera, and Giuseppe Palmisano (2017) and insights from Robert Mason, Laura Murn-Rivard, and Julian Walke (2021) provide a comprehensive overview of these rights and their implications for fostering an inclusive society.
Article 4.1 emphasizes the obligation of State Parties (SP) to fully implement the rights outlined in the Convention for persons with disabilities (PWDs) without any discrimination It specifies a range of detailed responsibilities aimed at achieving this goal To ensure and promote the complete realization of PWDs' rights, SP must adopt concrete positive measures to protect the full range of these rights.
Article 4.1 outlines specific obligations related to the principle of accessibility, emphasizing the universality and interdependence of human rights as reaffirmed in the CRPD's Preamble Article 4.2 distinguishes between immediate and progressively realized rights, acknowledging that socio-economic rights may be implemented over time due to resource availability Furthermore, Article 4.3 upholds the principle of "nothing about us without us," ensuring that persons with disabilities (PWDs) are actively involved in decision-making processes regarding policies that affect them This principle is crucial for incorporating the lived experiences of PWDs, ultimately leading to more effective and relevant policy-making at all levels.
Article 4 of the CRPD establishes a comprehensive obligation for compliance, detailing specific responsibilities across various areas addressed by other articles This provision underscores the importance of supporting State Parties in implementing the CRPD, emphasizing that the protection of the human rights of individuals with disabilities is fundamentally a domestic matter Effective internal measures are crucial for aligning national legal frameworks with the substantive provisions of the Convention, as highlighted in Article 4.1.
Resecach Report, xesbruck wiversity press ,p 31.
Janet E Lord (2010) explores the intersection of accessibility and human rights within the context of the Convention on the Rights of Persons with Disabilities (CRPD) The article assesses the scope and content of the accessibility principle and the corresponding duties outlined in the CRPD, emphasizing the importance of integrating accessibility into human rights frameworks This analysis contributes to a deeper understanding of how accessibility is essential for the realization of rights for persons with disabilities, as recognized by the United Nations Committee on the Rights of Persons with Disabilities in Geneva, Switzerland.
"Valentina Della Fata, Rachel Cera & Ganseppe Pahoisano (2017), Jồđ ,p 141.
Mechanism to monitor the implementation of obligations under the CRPD by States 1 Function of the Committee on the Rights of Persons with Disabilities
VIETNAM AND THE IMPLEMENTATION OF THE CONVENTION
Formation and development of the human rights of persons with disabilities in the 1 In Vietnam ese C onstitutions
in the Vietnamese legal system
The 1946 Constitution, although drafted under urgent conditions with only 70 articles, specifically addressed persons with disabilities (PWDs) in Article 14, stating, “Elderly or disabled citizens who are unable to work shall be assisted.” However, this article reflects a medical model of disability, viewing PWDs primarily as individuals requiring assistance and support, rather than recognizing their rights and capabilities.
In the 1959 Constitution!®® the issue of PWDs is addressed in Article 32:
Workers are entitled to material support in cases of old age, illness, or disability, and the State is committed to progressively enhancing social insurance, relief, and healthcare systems to uphold these rights Although this provision does not explicitly address the rights of persons with disabilities (PWDs), it clearly acknowledges the entitlements of disabled workers.
The 1980 Constitution includes specific provisions for persons with disabilities (PWDs), particularly focusing on war invalids and veterans Article 74 emphasizes the state's commitment to implementing preferential policies aimed at supporting war invalids and the families of martyrs These policies are designed to facilitate the restoration of labor capacity for war invalids, help them find suitable employment that aligns with their health needs, and ensure they can lead stable and fulfilling lives.
The 1992 Constitution of Vietnam,” which was amended in 2001 by the National
Articles 59 and 67 of the Assembly highlight the rights of children with disabilities and war-disabled individuals, respectively Article 59 mandates that the State and society must ensure that children with disabilities have access to general education and suitable job training Meanwhile, Article 67 emphasizes the preferential treatment granted to war veterans, sick soldiers, and the families of deceased soldiers and revolutionary martyrs, ensuring that war invalids receive favorable conditions under State policies.
'?' Democratic Republic of Vierum, “The 1946 Constinution of the Democratic Republic of Viena”. °* Democratic Republic of Viewum, “The 1959 Constinution of the Democratic Republic of Piepxau”.
‘°° Democratic Republic of Viewum, “The 19/0 Constitution of the Democratic Republic of Viena”.
The 1992 Constitution of the Socialist Republic of Vietnam emphasizes the importance of providing employment and stable living conditions for individuals with disabilities, particularly children and disabled war veterans This recognition highlights the early acknowledgment of the legitimate rights and interests of persons with disabilities (PWDs) as a significant human rights issue that requires attention within the legal framework.
The 2013 Constitution is a landmark document that uniquely recognizes human rights as separate from citizens' rights, particularly addressing the needs of persons with disabilities (PWDs) through a progressive lens It adopts the 'social model of disability,' viewing PWDs as subjects of rights rather than merely beneficiaries of charity This Constitution, building on the foundation laid by the 1992 Constitution, establishes equality in education for PWDs, as articulated in Article 61.3, which mandates the state to create conditions for their education and vocational training Additionally, Article 59.2 emphasizes the state's responsibility to ensure equal opportunities for all citizens to access social welfare and develop supportive policies for PWDs.
From the establishment of Vietnam until the pre-Doi Moi era, legal provisions for persons with disabilities (PWDs) were minimal and largely generalized Between 1945 and 1985, the legal framework recognized PWDs as equal citizens, though this recognition was limited in scope An example of this is the Resolution No 200-NQ/TVQH issued by the Standing Committee of the National Assembly on January 18, which highlighted the need for more comprehensive legal protections.
1966 exempted PWDs, who could only ensure a minimum living standard for themselves, from business taxes)? Similarly, the 1979 Ordinance on the Protection,
The care and education of disabled children have been prioritized through the implementation of appropriate treatment and vocational training programs Notably, the 1987 Circular from the Ministry of Labour, Invalids and Social Affairs introduced essential social assistance directives aimed at enhancing support for these children.
!!! Darrick L Cogbum, Tina Kempin Reuter (2017), Ibid ,p 204
" Socialist Republic of Vietrama, “The 2013 Constinition of the Socialist Republic of Vienan”
!2 Article 10 of Resolution of the Standig Conmnittee of the National Assembly No 200-NQ/TVQH.
"M4 Article 9 of the 1979 Ordinance on the Protection, Care ,and Education of Children.
06/LĐ/TBXH/TT, specifying the provision of prosthetics and orthopedic tools for destitute disabled children and adults at no cost”,
Since the economic reform of 1986, Vietnam has significantly transformed its approach to persons with disabilities (PWDs) Resolutions from the Communist Party's National Congresses, spanning from the 6th in 1986 to the 11th in 2010, have highlighted the importance of social protection for PWDs, ensuring that they receive care and support from the Party, state, and society A key development was the 1988 Criminal Procedure Code, which addressed the needs of relatives with disabilities of individuals who are detained or arrested, paving the way for subsequent laws aimed at enhancing the welfare of PWDs.
1988 Public Labour Ordinance, the 1989 Law on People’s Health Protection, and the
The 1993 Agricultural Land Use Tax Law established specific rights and exemptions for persons with disabilities (PWDs) In 1994, the Labour Code introduced a dedicated section addressing disabled labor, which was further elaborated in subsequent guidelines focused on employment, vocational training, labor selection and usage, as well as occupational safety and health.
In 1998, Vietnam marked a pivotal moment in its legislative history with the enactment of the Ordinance on Disabled Persons, the first comprehensive legal framework specifically addressing the rights of persons with disabilities (PWDs) This Ordinance, consisting of 35 articles across eight chapters, reflects the government's commitment to promoting equal rights for PWDs in various sectors, including political, economic, cultural, and social domains By enabling PWDs to utilize their skills for community integration and participation, the Ordinance significantly enhanced their livelihoods and fostered positive socio-economic developments Additionally, it laid the groundwork for government agencies to address disability issues in specialized laws and to formulate supportive policies, programs, and projects, ensuring effective community integration and mobilizing both domestic and international resources for PWDs' assistance.
From 1998 to 2008, Vietnam's National Assembly and various government bodies enacted 19 specialized laws addressing the rights and benefits of persons with disabilities (PWDs) These laws include specific chapters and articles that directly support and protect the interests of PWDs in the country.
5 Point 10, Section II the 1987 Circular fram the Ministry of Labour - hwelids and Social Affairs No.
‘* article 73 the 1988 Cranimal Procedure Code af Socialist Republic of Vier. as the responsibilities of families, the state, and society towards PWDs Notably, the
The 1994 Labour Code, amended in subsequent years, established specific provisions for disabled workers, while the 2007 Vocational Training Law outlined vocational training for persons with disabilities (PWDs) in a dedicated chapter The 2005 Education Law, although lacking a separate chapter for students and teachers with disabilities, included eight relevant articles Additionally, the Law on Child Protection, Care and Education provided five articles focused on policies for children with disabilities Other legislation, such as the Legal Aid Law, Physical Education and Sports Law, and Information Technology Law, all enacted in 2006, also contained provisions for PWDs Moreover, laws related to various social aspects, including Marriage and Family, Road Traffic, Civil Aviation, Railways, Construction, Youth, Social Insurance, and Civil Law, similarly addressed the rights and needs of individuals with disabilities.
Government Organization, Local Councils and People’s Committees, Representative
The recent regulations concerning Council Elections, Corporate Income Tax, and Land Use Rights Transfer Tax are crucial as they directly and indirectly support the rights and policies that enable persons with disabilities (PWDs) to fully exercise their rights and integrate into society alongside their non-disabled peers.
Between 1998 and 2008, the Government, along with various ministries and central agencies, issued more than 200 detailed regulatory documents and guidelines to implement the 1998 Ordinance and related legal frameworks concerning disability.
Advantages and disadvantages of Vietnam in implementing the CRPD
2.4.1 Advantages of Vietnam in implementing the CRPD
Vietnam's commitment to supporting persons with disabilities (PWDs) is deeply rooted in its humanitarian traditions and is reinforced by a strong political and legal framework, including the latest Constitution The Central Committee of the Communist Party of Vietnam's Directive No 39-CT/TW, issued on November 1, 2019, emphasizes the need for Party committees to enhance support for PWDs through increased awareness, effective state management, and social involvement This directive highlights the importance of community engagement and the role of organizations in promoting the welfare of PWDs, showcasing Vietnam's comprehensive strategy for their integration and support.
!92 VED (2022), Jnedependent Report: Bupact of COVID- 19 on the Inplementation of Rights of PWDs accontng to the CRPD, pp 2-12. iS uN Treaty Boddy Databcue,
Iittps:/Abantemet ohchr org/ layouts /15/TreatyBodyExtemal/ TB Search aspx?Lang=Ené: CommyID2, assessed Jammuary 29,2024.
Vietnam has demonstrated its commitment to advancing the rights and well-being of persons with disabilities (PWDs) by establishing a comprehensive legal framework aligned with the Convention on the Rights of Persons with Disabilities (CRPD) This framework includes various laws, decrees, and strategic plans aimed at safeguarding the rights of PWDs and promoting their inclusion in society The introduction of the Law on Persons with Disabilities (LDP), which replaced the 1998 Ordinance on the Disabled, provides a foundational legal structure that acknowledges the rights of PWDs Following this law, numerous supplementary documents and guidelines have been issued to implement these rights across various sectors, including significant amendments to the Health Insurance Law in 2014, updates to the Labour Code in 2019, and the introduction of the Employment Law in 2013.
In 2015, a series of Government Decrees and Ministry Circulars were introduced to reinforce the rights of persons with disabilities (PWDs) in Vietnam, aligning domestic laws with the Convention on the Rights of Persons with Disabilities (CRPD) This commitment demonstrates Vietnam's dedication to enhancing the rights and quality of life for its citizens with disabilities Furthermore, shifting social perceptions is essential for fostering an inclusive community that values diversity and ensures that disability does not hinder full participation in social, economic, and political life.
Vietnam has established a robust state management and monitoring system for implementing policies and legislation concerning persons with disabilities (PWDs), with clear roles and responsibilities from the central to local levels Central to this framework is the formation of the National Committee on Disabilities (NCD), which underscores the government's commitment to fulfilling its international obligations under the Convention on the Rights of Persons with Disabilities (CRPD) This body highlights the necessity of high-level oversight and coordination in effectively addressing the complexities of CRPD implementation and advancing disability rights in the country.
Vietnam has a dynamic civil society that actively supports people with disabilities (PWDs) and their advocates This landscape plays a crucial role in shaping policies, providing critiques, and ensuring effective implementation of laws aimed at improving the lives of PWDs.
Pham Thanh Son and Vo Quang Trưng (2023) emphasize the importance of enhancing legal frameworks to protect the rights of persons with disabilities Their work highlights the need for comprehensive legislation that ensures equal opportunities and safeguards for individuals with disabilities For more details, visit the article at: hữọs:/Arvrw xaydngdang org vnfilun-quyen-va-cuoc-song/hom-thien-phap-hut-bao-dam- quyen-cur-nguoi-kiuryet-tat- 19142, accessed January 30, 2024.
Ministry of Labour, War invalids and Social Affairs (2016), Practice guidelines for grassroots social workersSocial Work for PWDs,pp 51-52
Persons with disabilities (PWDs) have played a crucial role in advocating for the Convention, actively participating in its drafting and implementation This increased engagement from civil society in international frameworks is known as "new diplomacy." Organizations of persons with disabilities (OPDs) have effectively bridged the gap between the human rights community, which traditionally viewed disability rights through the lens of existing international law, and the disability community, which pushes for a more progressive and developmental approach By empowering OPDs in this process, we ensure ongoing respect for human rights through social engagement, monitoring activities, and the creation of watchdog institutions, promoting a comprehensive and participatory approach to disability rights and inclusion.
The Vietnamese government has made significant strides in supporting persons with disabilities (PWDs) through various programs and projects, integrating disability issues into policies effectively Key initiatives include the 2012-2020 project for PWD assistance and plans to enhance rehabilitation services Notably, on May 10, 2017, the Prime Minister launched a national action plan to implement the 2030 Agenda for Sustainable Development, establishing specific targets to ensure PWDs can access essential services and achieve social integration.
The implementation of the CRPD in Vietnam plays a crucial role in raising social awareness about disability issues By launching targeted campaigns and community initiatives, Vietnam can effectively challenge existing stereotypes and attitudes, fostering a culture of acceptance and respect for persons with disabilities (PWDs) This transformation in social perception is essential for cultivating an inclusive community that celebrates diversity and ensures that disability does not hinder full participation in social, economic, and political life.
Vietnam has made significant strides in international cooperation and technical assistance for disability affairs, building on the successful implementation of the CRPD This progress demonstrates a commitment to aligning with global standards and improving laws and policies for people with disabilities.
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