VIETNAM AFTER MORE THAN 30 YEARS PARTICIPATING IN THE UN CONVENTION ON THE RIGHTS OF THE CHILD - REALITY AND SOLUTIONS

ABSTRACT

Children’s rights are the rights of individuals in the stage of physical and intellectual perfection and belong to human rights in general. The level of ensuring children’s rights represents social progress and the nation’s future. When the United Nations Convention on the Rights of the Child (CRC) was born on November 20, 1989, Vietnam, a country in socio-economic crisis and on the list of poor countries, was the second country to ratify the Convention on February 20, 1990. Since joining the Convention, the State of Vietnam has made many efforts to ensure and implement children’s rights. In this paper, the author clarified the results of implementing children’s rights in Vietnam after more than 30 years of joining the Convention and gave solutions to promote the implementation of children’s rights in Vietnam nowadays.

АННОТАЦИЯ

Права детей - это права индивидов, находящихся на стадии физического и интеллектуального совершенства, и относятся к правам человека в целом. Уровень обеспечения прав детей отражает социальный прогресс и будущее нации. Когда 20 ноября 1989 года была принята Конвенция Организации Объединенных Наций о правах ребенка (КПР), Вьетнам, страна, переживающая социально-экономический кризис и входящая в список бедных стран, был второй страной, ратифицировавшей Конвенцию 20 февраля 1990 года. С момента присоединения к Конвенции государство Вьетнам приложило много усилий для обеспечения и реализации прав детей. В этой статье автор рассмотрел результаты реализации прав детей во Вьетнаме после более чем 30-летнего присоединения к Конвенции и предложил решения, способствующие реализации прав детей во Вьетнаме в настоящее время.

Keywords: Children's rights, Vietnam, International Convention on the Rights of the Child.

Ключевые слова: Права детей, Вьетнам, Международная конвенция о правах ребенка.

Children’s rights are all the rights that children need to live, grow up healthily, and have the opportunity to become valuable people in society. Concern for and the degree of ensuring children’s rights are not only a measure of the superiority of a society but also an essential indicator for predicting the future of a nation. Therefore, children’s rights are an issue of great concern to the Vietnamese Government. Assessing the current state of implementation of children’s rights in Vietnam during more than 30 years of participating in the United Nations Convention on the Rights of the Child not only provides a comprehensive view of the Doi Moi cause in Vietnam but also is a basis for finding solutions to ensure children’s rights, increasing the happiness index in the country that experienced the pain of war and playing a vital part in achieving the Sustainable Development Goals set by the United Nations.

1. Achievements in implementing children’s rights in Vietnam during more than 30 years of participating in the Convention

Going back in history, Vietnam became a French colony in 1884. Due to the French colonial’s obscurantism, Vietnamese children had very few chances to go to school. Children were the most vulnerable group, and, as a result, they werethe most oppressed. The tragic plight of the nation and the unfortunate fate of Vietnamese children compelled Nguyen Ai Quoc, a patriotic young man, to embark on a journey to seek a path for national salvation. On this journey, he arrived in Russia on June 30, 1923. The heart thinking of the Fatherland and Vietnamese children helped him immediately realize something special: “Whatever is best, it is always reserved for children. If Russia is not yet a paradise for everyone, it is already a paradise for children. This paradise for children does not make him forget his Fatherland. On the contrary, he thought more and more about Vietnamese children” [6, p. 85]. The preferential regime for children and people of the Soviet Union attracted Nguyen Ai Quoc - Ho Chi Minh and served as a factor that propelled him to follow the Russian revolutionary path. After becoming the head of the Democratic Republic of Vietnam, Ho Chi Minh made efforts to change the status of children. From being merely “possessions” of their parents or even subjects of exploitation and being denied access to education in the old regime, at that time, children were facilitated for their all-round development to become the future masters of the country. Understanding the psychological nature of children and their role in the family and the nation, Ho Chi Minh comprehensively recognized the content of children’s rights. Because children are physically vulnerable and dependent on adults, their right to life and health must be protected as a top priority. They have the right to live, not just biologically, and have the right to be loved and cared for. They have the right to be well-fed, properly clothed, and to receive a complete education. Through his remarkable career, Ho Chi Minh provided Vietnamese children with fundamental rights, including the right to live in freedom with the love and care of society. It could be said that President Ho Chi Minh was the first person to lay the foundation for the implementation of children’s rights in Vietnam.

Inheriting and developing President Ho Chi Minh’s views on children’s rights, the Communist Party of Vietnam and the Vietnamese Government have gradually built guidelines and policies to protect children’s rights and defined: “Protecting and caring for children is the responsibility of the Party, the State, and society. At the 6^th National Congress of the Communist Party of Vietnam in 1986, when the inflation index reached 774.7%, the Communist Party of Vietnam still set the goal of “improving the quality of raising and educating children” [1, p. 22]. On November 20, 1989, the UN General Assembly adopted the UN Convention on the Rights of the Child. Vietnam was the first country in Asia and the second country worldwide to ratify this Convention (February 20, 1990). In Vietnam, the process of implementing the Convention almost coincided with the process of comprehensive reform of the country (since 1986). The achievements of the ĐổiMớicreated conditions for implementing children’s rights as committed, helping Vietnam achievemany positive results.

Firstly, Vietnam’s legislation regarding children’s rights is increasingly improved. After joining the Convention on the Rights of the Child (CRC), Vietnam quickly internalized the Convention with the Law on Protection, Care, and Education of Children (1991), amended in 2004. The 2013 Constitution, Vietnam’s newest Constitution, considers children’s rights a part of human rights and concretizes children’s rights to suit international practices as well as new conditions of the country. Article 37 of the 2013 Constitution indicates: “Children shall be protected, cared for, and educated by the State, family, and society. Children may participate in child-related issues. Harassing, persecuting, maltreating, abandoning, or abusing children, exploiting child labor, or other acts that violate children’s rights are prohibited” [2, p. 22]. Furthermore, in 2016, the Law on Children was enacted by the 13th National Assembly with new provisions aimed at further protecting children’s rights. Specifically, (1). Children are defined as people under 16 years old and are not limited to Vietnamese citizens. (2). It stipulates 25 rights of children, including several new rights, such as the right to be protected from harm, the right to express opinions, and the right to access information and social activities to ensure the realization of rights for all children with provisions more consistent with the Convention. (3). The law defines three levels of protecting children’s rights: prevention, support, and timely intervention against violating child rights. (4). The Law on Children stipulates prohibited acts, including depriving children of their right to life, sexual abuse, violence, abuse and exploitation of children, abandonment, trading, kidnapping, exchanging, and appropriating children, preventing children from exercising their rights and duties, publicizing and disclosing information about children’s private lives and personal secrets without the consent of children aged seven years or older and of their parents and guardians, stigmatization and discrimination against children because of their characteristics, family circumstances, gender, ethnicity, nationality, belief, and religion. (5). The law stipulates that the organization representing the opinions and desires of children is the Central Committee of Ho Chi Minh Communist Youth Union. Besides the Law on Children, other laws in the process of being amended and supplemented are also updated, meeting fully international practices and standards related to children’s rights. The Labor Code (2012) extended maternity leave from 4 to 6 months, enabling mothers to breastfeed their infants for the first six months exclusively. The Law on Cybersecurity (2018) included specific provisions regarding protecting children and children’s rights in cyberspace.

Secondly, the State has established agencies to manage and monitor the implementation of children’s rights. The government agency responsible for managing the implementation of children’s rights is the Department of Children’s Affairs under the Ministry of Labour, Invalids, and Social Affairs. The National Assembly has a Committee for Youth and Children to advise and monitor the implementation of children’s rights. To assist the Government in directing and coordinating ministries, authorities, and provinces in addressing issues related to children and ensuring children’s rights, in 2017, the Prime Minister decided to establish the National Commission for Children, chaired directly by a Deputy Prime Minister. The Government has issued the National Action Programme for Children in 1991-2000, 2001-2011, 2012-2020, and 2021-2030 periods with specific goals and regulations to prevent a mere formal execution and to ensure a basis for accountability when assessing responsibility. Vietnam Association for Protection of Child Rights (VACR)was established in 2008. Moreover, the Government implemented many programs, such as the National Programme on Child Protection, the Program on Promoting Children’s Participation Rights, the Program on Preventing and Combating Violence Against Children, and the Program on Prevention of Child Injury. The Government issued Decree No. 100/2014/ND-CP on trading and use of nutritional products for young children to support the promotion of exclusive breastfeeding and limit the advertising and marketing of breast milk substitutes. The national telephone hotline for child protection with the number 111was opened on December 6, 2017, to receive information, reports, and complaints regarding acts of child abuse from agencies, organizations, educational institutions, families, individuals, and children.

Thirdly, implementing children’s rights has brought some positive results in practice. Regarding education, over the decade from 2011 to 2020, the level of investment in education showed an upward trend. In 2022, it reached over 18% of the total state budget expenditure, equivalent to 4.9% of GDP, surpassing many countries in the region. Thanks to that, 5-year-old children and children in elementary schools can enjoy the compulsory education program and do not have to pay tuition if they study at public schools. 100% of mountainous provinces in Vietnam have boarding and semi-boarding schools for ethnic minority children. Children enjoy many incentives, such as free tuition, scholarships, personal belongings, health insurance, transportation money to return home to welcome the Tet holiday, or staying at school during the Tet holiday and being provided with books, newspapers, and school supplies. Nearly 50% of children with disabilities go to school with specialized forms of education. Since 2020, the Ministry of Education and Training has undertaken the fourth round of textbook reforms to develop the competencies and qualities of learners. As of now, 95% of Vietnamese children start school at the right age, reaching the milestone of universal primary education. Regarding health, the proportion of regular expenditures of the state budget in the field of health and population has gradually increased over the years. By 2022, it reached 9.6% of total state budget expenditures. The vaccination rate for children under one year old hit 97.2% in 2015, 94.8% in 2018, 96.8% in 2020, and 87.1% (temporarily calculated) in 2021 [3, p.843]. A very high vaccination rate has helped Vietnam eliminate dangerous diseases, namely polio, neonatal tetanus, tuberculosis, typhoid, pertussis, and measles. In Vietnam, children under 6 years old receive free healthcare check-ups and treatment. For older age groups, the State supports health insurance contributions. The Government and local authorities have established nurturing centers or social assistance for children in special circumstances, such as disabled children, children who are victims of Agent Orange, orphans, street children, ethnic minority children, etc. The under-five and under-one mortality rate decreased sharply over the past two decades. During the 2010-2021 period, the under-one mortality rate declined from 15.8 to 13.6 per 1000 live births, and the under-five mortality rate decreased from 23.8 to 20.5 per 1000 live births [3, p. 116]. The rate of malnourished children under five years of age in recent years was as follows: 14.1% in 2015, 13.2% in 2018, 12.2% in 2019, 11.5% in 2020, and 11.2% in 2021 [3, p. 845]. When the COVID-19 pandemic broke out, the number of children vaccinated with two doses of COVID-19 vaccine reached nearly 95%. According to statistics from the Ministry of Health, the number of children under 18 years old infected with COVID-19 only accounted for 19.2%, and the mortality rate was 0.42% [4].Regarding child protection, Vietnam is piloting to build a child protection system at three levels: prevention, intervention, and recovery support. A collaborative network between relevant authorities and social organizations in caring for and protecting children has been formed and strengthened.

In general, along with the great achievements of the ongoing DoiMoi process in Vietnam, children’s fundamental rights are increasingly being improved. Compared to the pre-DoiMoi period, ensuring children’s rights has changed in terms of “quality.”

2. Limitations in the implementation of children’s rights in Vietnam during more than 30 years of implementing the UN Convention on the Rights of the Child

Besides the achievements, there are still many challenges that need to be addressed in implementing children’s rights in Vietnam.

In terms of awareness, the perspectives of some individuals and entities in ensuring children’s rights remain limited. With a traditional view of “spare the rod, spoil the child,” some parents and teachers still resort to using violence as a means of disciplining children. The percentage of people with knowledge about children’s rights and the prevention of violence against children remains relatively low. Leaders of some central and local agencies are not aware that protecting children is protecting the future of the country, so funding for children is not a priority item. The awareness of the “socialization” of child protection and care is also incomplete. People tend to view it as a means to mobilize the contributions of the public without realizing the more important things, which are the need to promote the “socialization” of public service activities to serve children and allow individuals and non-public organizations to participate in that field. Due to the consequences of the planned economy before DoiMoi, the subsidy ideology and the dependence on the State of a part of officials and people are still quite severe. The theoretical and practical basis of boosting the “socialization” of child protection and care work has not been thoroughly researched. As a result, its persuasive power towards the stakeholders in protecting children’s rights is not yet high.

A notable issue is that there is no accurate data on public spending on children in Vietnam.The principal is that many agencies and organizations, such as the Ministry of Labour, Invalids and Social Affairs, the Ministry of Education and Training, the Ministry of Health, the Ministry of Finance, Viet Nam Social Security, Ho Chi Minh Communist Youth Union, Management Board of National Programs for Children, etc., participate in managing budget expenditures for children.State budgets are allocated by sector rather than by target group, and there is a lack of separation of budgets for children and healthcare and education activities. The inability to separate the funding for children diminishes the autonomy in implementing child-related programs. Although every year the State allocates a budget to provinces to implement child-related programs, the budget for children is often allocated little by little, limited, and not commensurate with the goals and tasks that need to be performed due to the pressure of many other urgent socio-economic issues. The meager budget makes the team of collaborators in charge of protecting and caring for children in many organizations limited. The lack of human resources makes it challenging to monitor, grasp the situation, and collect data on child protection and care in provinces. Therefore, many cases of childrights violations have not been detected and prevented promptly.

In fact, there are many cases of child rights violations in all aspects. Violence, sexual abuse, safety and hygiene in schools, and child labor exploitation in a number of industries and occupations, especially among vulnerable children, continue to be prevalent issues. Violence against children and child abuse are global concerns, and Vietnam is no exception. According to statistics from the Ministry of Public Security, in 2020, 1,945 cases were detected, abusing 2,008 children (of which sexual abuse was 1,349 cases, and 1,576 children were sexually abused) [5]. Going to school is a right of children. The results of the General Statistics Office of Vietnam in 2019 showed that 8.3% of children of compulsory school age were not attending school. This number was primarily concentrated in remote, mountainous areas. The disability rate among children aged 5 and above in Vietnam was 3.7% of the total population in April 2013. Notably, the State has not yet issued legal documents recognizing autism as a separate form of disability. Therefore, autistic children cannot enjoy incentives in education, health care, social protection, and social security like children with other disabilities. For example, the medical establishments for the examination and treatment of autism are only available in big cities. In rural, mountainous, and remote areas, there are no such specialized medical establishments. Children with autism in Vietnam have not received care in state-owned institutions but in informal groups, which are sometimes commercial. In addition, there are approximately 5.5 million children who are considered multidimensionally poor. This means that these children do not enjoy at least two out of the following fundamental rights: education, healthcare, nutrition, housing, social integration, clean water, and sanitation. In rural and mountainous areas, there are two million children under the age of five suffering from malnutrition, which is equivalent to the number of children with obesity in urban areas. Despite being a country with numerous rivers, canals, and water bodies, the effort to equip children with swimming skills has been ineffective, leading to many drowning incidents.

A very concerning issue is the phenomenon of juvenile delinquency due to the increasing rate of crimes committed by adolescents. According to statistics from the Ministry of Public Security in 2020, the crime rate among teenagers nationwide was 5.2% for those under 14 years old, 24.5% for those aged 14 to under 16, and 70.3% for those aged 16 to under 18. This is an alarming sign for child education, both at home and in schools.

With love for children and the desire to meet children’s increasing physical and spiritual needs, the Communist Party of Vietnam and the Vietnamese Government have paid great attention to the protection and implementation of children’s rights. However, due to a limited budget and many inadequacies in awareness and implementation methods, carrying out children’s rights in Vietnam still has many problems that need to be addressed.

3. Solutions to promote the implementation of children’s rights in Vietnam nowadays

Besides the existing challenges that need to be resolved, implementing children’s rights in Vietnam is now greatly influenced by new issues, such as the development of the internet, social media, and the impact of climate change and environmental changes. On the one hand, Industry 4.0 and the development of the internet and social networks create an environment for children to actively receive knowledge, learn skills, and have a communication environment. On the other hand, it increases the risk of being affected by bad, harmful, unstandardized information and the risk of violence and abuse in the online environment. It makes children passionate about “virtual communication,”forget to communicate directly with people around them, and become engrossed with technology devices. Hence, their inner world becomes poor. They don’t care for other people, and they get little life experience. Children are also heavily affected by climate change, natural disasters, harsh environments, and resource depletion. In areas affected by salinity and landslides due to climate change (provinces of Mekong River Delta: Can Tho, Long An, Tien Giang, Ben Tre, Vinh Long, TraVinh, Dong Thap, HauGiang, SocTrang, An Giang, KienGiang, Bac Lieu, and Ca Mau), farmers cannot cultivate rice or develop aquaculture. They also lost their homes and had no fresh water for daily use. They had to leave their homeland to go to the cities to make a living. Children in these families fall into two situations: If they stay, they are far away from their parents and lack parental care. If they go with their parents, their lives are unstable because they are not entitled to benefits for children due to not having household registration in the temporary residence.

According to the General Statistics Office of Vietnam, Vietnam’s population will reach nearly 100 million by 2023, of which the number of children is over 26 million. This is a significant proportion of the population structure, highlighting the importance of paying attention to this group. Furthermore, investing in children is investing in the sustainable development of the country, so Vietnam must strive to ensure children’s rights better. To do that, it is vital to implement the following solutions synchronously.

Firstly, all shallraise awareness and promote propaganda about the need to ensure and implement children’s rights. Due to the influence of Confucian culture, Vietnamese people often prioritize “making decisions for children” over the opinion of children. They consider children to be the parents’ “assets” and ignore the fact that children are independent entities with their own complete set of rights. Therefore, it is essential to change the perception of respecting and implementing 25 children’s rights as prescribed by the Law on Children (2016).  All  should intensify propaganda work so that everyone in society, especially children, knows their rights and key entities protecting children's rights, including parents, teachers, women’s organizations, and youth associations, are aware of their responsibilities. Communication must be directed to families, communities, schools, and classrooms, especially in remote and mountainous areas. Educating parenting knowledge and skills and promoting the roles and responsibilities of parents and families in caring for, educating, and protecting their children are urgent tasks. In addition, raising awareness and responsibility of central and local levels and sectors, especially leaders in prioritizing budgets, allocating land funds to build schools, places of entertainment, cultural, artistic, and sports activities for children, and solving problems and cases of violation of children’s rights promptly and wholeheartedlyis a crucial task. Moreover, promoting guidance on how to detect, notify, and report acts, cases, and risks of child abuse to competent authorities plays a significant part.

Secondly,it’s indispensable to continue refining the legal system related to children’s rights. Is required to change the regulations regarding the age of children so that the age is 18 years old and over to align with international standards. Improving the legal system and policies on the socialization of child protection and care and creating a legal corridor for unions, social organizations, non-governmental organizations, and international organizations to participate in child protection and care are critical. The State shall promulgate regulations and conditions binding investors of industrial parks and urban areas to reserve land funds to build schools, libraries, clinics, and entertainment spots for children. The land fund cannot be fully exploited to build commercial houses as in the current situation. In addition, the State needs to research to come up with national laws and policies on autistic children to help them integrate into society. It is necessary to quickly create a proactive mechanism to prevent, control, and minimize the risk of child abuse and injury. Sanctions issued must be strong enough for violations of children’s rights.

Thirdly, it is to enhance the budget and budget management for children. Is required to put an end to the current situation of fragmentation in managing the budget for children by establishing a dedicated agency responsible to the National Assembly and the Government for the management and use of the budget for children. This agency is responsible for ordering or bidding to select qualified contractors providing services for children based on the budget resources and financial mechanisms allowed by the State. Besides funding from the state budget, it is necessary to mobilize resources from the community and international organizations in the work of protecting and caring for children. We will arrange prioritize the budget to implement the goals, targets, and solutions of the program and action plan for children in the 2021-2030 period.

Fourthly, it is to strengthen the role of the State in implementing children’s rights. The State not only establishes the legal framework on children’s rights, builds organizations and entities to enforce children’s rights, but also invests human resources, financial resources, land resources, etc., to ensure children’s rights. Although socialization contributes to mobilizing resources in society, state investment is still the primary source, especially for remote and mountainous areas where private investors find it difficult to make a profit. The State needs to perform the proposed National Program for Children drastically, promote supervision and inspection, and handle child rights violations. Moreover, the Government is responsible for expanding social security and welfare policies. It’s required to raise social benefits and expand beneficiaries for children in special circumstances so all children can develop. Inspecting and controlling spontaneous preschool classes is also the responsibility of the State because many cases of child abuse have taken place there.

Lastly, there needs to be close coordination between agencies and promoting the role of the National Committee for Children and the entire society to create unity in policies and actions for children. In Vietnam, there are currently many agencies responsible for implementing and monitoring children’s rights (namely, the Ministry of Labour, Invalids and Social Affairs, Ministry of Education and Training, Ministry of Health, Ministry of Finance, Viet Nam Social Security, Ho Chi Minh Communist Youth Union, Management Board of National Programs for Children, etc.) Hence, these agencies must agree on an action plan under the direction of the National Committee for Children. Children are members of families and schools, so families and schools shall focus on educating them about morality and survival skills to help them build on their personality and avoid the risk of abuse. Besides, we shall change the criteria for selecting teachers, especially preschool teachers, focusing on their professional dedication before considering their competencies and qualifications. It is imperative to continue to improve the capacity of staff and volunteers working to protect and care for children at central and local levels, gradually professionalize the network of organizations and staff at the grassroots level, and expand the network of collaborators in villages and hamlets where there is not workforce allocation of the State. In short, all authorities, sectors, and the entire society shall participate in creating a safe and healthy living environment and ensuring the comprehensive development of children.

The most important thing is to quickly build a database system on children associated with individual identification so that the State and provinces have an objective basis when allocating budgets and proposing appropriate solutions for each age group. Strengthening international cooperation to share and learn from experiences in ensuring the implementation of children’s rights from developed countries is also an urgent task.

The motto: “Today’s children – tomorrow’s world” affirms that ensuring children’s rights and investing in children is investing in a sustainable future. The Convention on the Rights of the Child (CRC) in 1989 is a profoundly humane treaty regarding human rights, making it the most widely ratified Convention in history. Vietnam participated in the Convention when it was facing a socio-economic crisis and was on the list of poor countries, which showed its determination to ensure human rights and implement an investment strategy for people. After more than 30 years of participating in the Convention, achievements in implementing children’s rights have demonstrated great achievements of the Đổimới and the existing limitations indicate the difficulties of a developing, lower-middle-income country dealing with the remnants of war. Although having to continue to consult and select experiences in implementing children’s rights from developed countries, Vietnam also gives its lessons and contributes to realizing the United Nations’ goals, that is, “the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality, and solidarity”.

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