prevention and combat rape against children in vietnam and sweden

Joint Swedish- Vietnamese Master’s Programme MASTER’S THESIS Prevention and Combat Rape against Children in Vietnam and Sweden : SUPERVISORS: Prof. Dr. Helén Ornemark Hansen Dr. Nguyen Duy Hung Preface and Acknowledgements In the completion of this thesis, firstly I would like to appreciate Dr. Nguyen Duy Hung, and would gratefully express my obliged to Prof. Ornemark Helen Hansen, who are my supervisors without whom this work may not be completed. Secondly I would like to express my deep thanks to Prof. Mai Hong Quy and Prof. Bengt Lundell as well as lecturers of the two Universities, University of Law- HCMC and Lund University- Sweden who contribute to the teaching in the Universi- ties and had helped us a lot during the time we were studying in Ho Chi Minh city and completing the short course in Lund city, Sweden sucessfully. I would lastly have my obligation to all the staff members of the two Universities who were in sourse of help and encouragement with which I have surplus materials useful for my work, as a result I could finish my thesis on time. Thank you all ! 1 Table of Contents Table of Contents 2 Executive Summary 3 Abbreviations 4 1. 1.1 1.2 1.3 1.4 1.5 1.6 2. 2.1 2.2 2.3 2.3.1 2.3.2 2.4 2.4.1 2.4.2 2.4.3 2.5 3. 3.1 3.2 3.3 4. 4.1 4.2 Introduction 6 Grounds for Selecting the Topic 6 Scope and Object of study: 7 Purposes for the Study 8 Methology 8 New Scientific Points 8 Thesis Structures 9 Rape against children and the phenomenon in Vietnam and Sweden in recent years 10 Rights of the child in the United Nations Charter, Vietnmese Laws and Swedish Laws 10 Vietnam and Sweden Criminal Laws on Rape against Children 16 Legal Characteristics of Rape against Children 20 Components of Rape against Children 20 Consequences created by rape against children 23 Real state and characteristics of the State of rape against Children in Vietnam and Sweden recent years 24 Common geographical, economical, social and cultural characteristics of Vietnam and Sweden 24 Real State of Rape against children in Vietnam and Sweden 25 Some Characteristics of Rape against Children in Vietnam and Sweden28 Causes of State of Affairs of Rape against Children in Vietnam and Sweden 31 Prevention and Combat against Child Rape in Vietnam and Sweden 34 Real State of Affairs of Prevention and Handling with Child Rape in Vietnam and Sweden 34 General Evaluating in Pevention and Combat Rape against Children 43 Forecast of Rape against Children in Coming Years in Vietnam 45 Proposals and Conclusion 47 Some proposals for improving effective activities in prevention and combat rape against children in Vietnam 47 Conclusion 49 2 Executive Summary Every day, the world knows how many children are victims of forms of sexual violation. Each such a case happened which is a tragedy for the pain to the children and family members. Those Infringed acts have robbed away their old poetry and natural dreams of life and their pain remains refractory throughout the life of the children. Convention of the United Nations on the Rights of the Child has been approved and implemented by most countries in the world. In the spirit of this Convention, every child in the world even in any country or culture must be respected and protected against all forms of exploitation and sexual exploitation. All Member States of the Convention must implement all appropriate measures to ensure that children are not being violated on sex anywhere in life. Therefore, all countries in the world make efforts to implement variously different measures to prevent criminal sexual violation against children, to protect right to the sexual violation against the young best. Not outside that target, Viet Nam and Sweden, two countries have differences on many fields from economics, culture, society, etc and are also constantly implementing all measures to protect children before sexual exploitation and violation which are on the increase. Therefore, the research for the prevention measures appropriate for this offense is subject to many scholars of both countries concerned. In the scope of this work, the author concerns and researches the issues related to the outrage of my children and measures for prevention of this crime in particular as well as measures to room crimes against the sexual violation against children in general in Viet Nam and Swe- den. Abbreviations CRC ILO UN ECPAT UNICEF CBSS BRIS of Sweden the International Convention on the Rights of the Child the International Labour Organization The United Nation End Child Prostitution Child Pornography and Traffickinh in Chidren United Nations International Children Education and Fund the Council of Baltic Sea States Barnens Rätt I Samhället 4 1. 1.1 Introduction Grounds for Selecting the Topic Children are the objects need care and special protection in all countries in the world. Today, before the development in all areas of social life, children in many countries, especially the developing countries face the risk of infringement against them physically and mentality. Deadly sexual violation against children, trafficking children for sexual purposes, etc. and the problem is that all countries must be especially interested in finding preventive solutions to protect the future generations of the country. Vietnam has become a country with market economy, the actual process of transi- tion from centralized economy to the level of market economy has been in Vietnam for the great achievements in economy, society and tourism. People's living condi- tions are increased and a high awareness and action in the protection, care and edu- cation of children of the society has strong changes. The supervision of child protec- tion by the National Assembly strengthened. The United Nations Convention on the Rights of the Child Protection Law on the care and education of children are pene- trating into life. Living Environment and development of children has been im- proved. However, although the care and education of children in recent years has gained important achievements but the challenges for the protection of children is in the first place complex on all 3 levels: -Protecting Children who are being violated -Protecting children at risk of being violated, and - Protecting children in communities A number of children who are at risk of being sexually violated and who have dif- ficult situations are increasing. Social class division, a gap between rich and poor, pressure of an increase in population and disadvantages in the process of interna- tional integration are affecting the child’s development. Appear new issues with complicated changes difficult to control such as children are mentally and physically violated, children break laws, children are infected with HIV/AIDS, children are ad- dicted with drug and children are trafficked, etc. According to the General Directorate of Police of Vietnam, there are more than 800 cases on sexual abuse against children yearly in recent years. They made up more than 50% of cases related to child abuse. Doctor Jim Gamble, an expert in combating sexual violation against children via travel and internet, says: “This is an unacceptable number” in which it is worth noticing that mainly rape against children always appears with haigh rate and with an increasing in level with more sophisti- 6 cated nature. In many circumstances, at any place and any time, sometimes cases of rape against children are serious, intricate and increasing suddenly creating urgent controversial among community. In the past, this rape situation usually happened in the thinly populated and remote areas where people were mostly illiterate or they were with low educational level. But nowadays this has happened much even in large and developed cities, urban areas and the rape criminals belong to all social backgrounds even some are officers, teachers. At present, with development of tourism, Vietnam is standing in front of danger of child sexual abuse with a commercial purpose. Children are seduced to be given with money to have sexual intercourse with foreigners. This subject is the foundling, and waif children who have difficult lifes ….But, according to social researchers, the statistical data of rape against children and sexual intercourse with children of some appropriate authorities is not an exact figure because in fact rape against chil- dren are one of crimes which has highest implicit rate in Vietnam. This is because the victim and its family are afraid of reporting crime to the police for fear of making dirty to their honour. Therefore, many cases of crime are not discovered and the of- fenders are not strictly punished. Moreover, due to many subjective and objective reasons initiative protection, timely discovery and handling with this kind of crimes in Vietnam have various difficulties. With the expectations to study appropriate and useful solutions to prevent, com- bat, and handle with rape against children to minimize the rate of this kind of crime in Vietnam, the author has chosen Sweden for studying. Sweden is a country locating in North Europe with different geographical, eco- nomical, and social conditions from Vietnam. It is one of the countries having de- veloped and stable economy, and people’s living conditions are high. Also, this is one of the countries which has a best welfare system, social security and the protec- tion and care of the people. Authors wishes to find out measures to combat and pre- vent crimes against children in particular and for sexual infringement against chil- dren in general in Sweden and Vietnam. Studying cases in Sweden will help the au- thors to have broader vision in this field to identify solutions for prevention on this type of crime in Vietnam 1.2 Scope and Object of study: The present work concentrates on the following issues: - Study to make clear regulations of the International Conventions and Treaties on the Rights of the child that Vietnam and Sweden have joined and regulations of Vietnamese law and Sweden law on the Rights of the child. [...]... crime prevention and combat in Vietnam 1.6 Thesis Structures The work is divided into four parts + Part 1: Introduction +Part 2: Rape against children and the phenonmenon in Vietnam in recent years + Part 3: Prevention and combat against child rape in Vietnam and Sweden + Part 4: Proposals and Conclusion List of Documents Reference 2 Rape against children and the phenomenon in Vietnam and Sweden in recent... Characteristics of Rape against Children in Vietnam and Sweden Some Characteristics of Rape against Children in Viet2.4.3 nam and Sweden * Characteristics of offender - Age Regarding the research in individual committing sexual violation against childrenn in erenal and rape against children in particular in Vietnam, the offender from 18 to 30 years of age has highest rate For instance, according the An Giang... crime in Vietnam and Sweden On the strong points and disadvantages in the prevention and treatment Since then make recommendations for the fight to prevent and handle the types of crimes in Vietnam 1.3 Purposes for the Study Based on comparative research in rape against children in Vietnam and Sweden, the author tries to find down causes and conditions arising crime, and measures to prevent and combat in. .. advocates rape in general and rape against children in particular is performed intentionally- it is committed by intention but not otherwise Consequences created by rape against children 2.3.2 Regarding the nature, rape against children is one of the extremely serious crimes stipulated in the criminal laws of Vietnam and Sweden and is the most serious crime of child sexual abuse, molestation and rape Consequences... provisions of criminal law of Vietnam and the Penal Code of Sweden on violations against children Compare similar points and different ones - Research in reality of rape aginst children in Vietnam and Sweden, analyze the causes and conditions arising types of crime under this angle specific crimeand forecast the crime of child abuse in Vietnam in the coming years - Research in measures to prevent and fight... society’s order and security The worst thing is the infection of HIV/AIDS influencing the national race, and deteriorating the country’s future 2.4 2.4.1 Real state and characteristics of the State of rape against Children in Vietnam and Sweden recent years Common geographical, economical, social and cultural characteristics of Vietnam and Sweden Vietnam is situated in the east of the Indochinese Penisular... about rape against children increase It becomes double within ten years In 2004 it were 476 cases of rape against children below fifteen years reported to the police compared with 285 cases in 1995 It is worth noticing that some cases with serious nature are one in which a girl of thirdteen years in Malmo was raped by four men.34 This shows that rape against children in Sweden also increases in recent... with any country in the world Hence, the present work studying and comparing the state and measures of prevention and com- 8 bat rape against children in Vietnam and Sweden is new as compared with the studied works This is a unique work studying rape agianst children, with the comparison at the international level It studies and compares state of affairs between Vietnam and Sweden in order to propose... sentenced Mr L for rape against children when he was 85 years Recently, in 2008 was the case of Mr Vao Van Choi in Ninh See Muslim Rape Epidemic in Sweden and Norway, http:/fjordman.blogspot.com See Muslim Rape Epidemic in Sweden and Norway, http:/fjordman.blogspot.com 28 Binh province sentenced for rape against children as he raped the victim for twice at the age of 80 According to the investigation of... rate of this crime increases highly In contrast, in Sweden, rape against children is mainly distributed in big cities and sprawling eareas wherein there are many Muslim immigrants living The survey of government authorities shows that the more the immigrants live in the areas the higher the rate of rape including rape against children will be In Malmo, the third biggest city of Sweden, the rate of . Characteristics of Rape against Children in Vietnam and Sweden2 8 Causes of State of Affairs of Rape against Children in Vietnam and Sweden 31 Prevention and Combat against Child Rape in Vietnam and Sweden. of Prevention and Handling with Child Rape in Vietnam and Sweden 34 General Evaluating in Pevention and Combat Rape against Children 43 Forecast of Rape against Children in Coming Years in Vietnam. 1: Introduction +Part 2: Rape against children and the phenonmenon in Vietnam in recent years + Part 3: Prevention and combat against child rape in Vietnam and Sweden + Part 4: Proposals and