The Rights of Children with Disabilities in Viet Nam: Bringing Viet Nam's Laws into Compliance with the UN Convention on the Rights of Persons with Disabilities

This 54-page report, commissioned by the United Nations Children's Fund (UNICEF) and the government of Vietnam, aims to assist the government to bring its laws and policies into conformity with the new United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which Vietnam signed on October 22 2007. In addition to changing its laws, however, the CRPD requires that the Vietnamese government bring about changes in policy and practice to end discrimination against children with disabilities in Vietnamese society, as well as to enforce the rights guaranteed to persons with disabilities. These necessary changes in policy, law, and enforcement are outlined in this report.

The consultancy process that informed the report was based on analysis of Vietnamese law and interviews with government officials, service providers, educators, and disability activists; the analysis is also informed by site visits to service programmes in Vietnam for children and adults with disabilities.

Here is a summary of key observations, with communication-related elements highlighted:

• Legislation: Amongst other changes suggested, the consultancy found that the proposed Disability Law should establish the right to accessible communication and information technology. Furthermore, laws and regulations providing the right to accessibility must be enforced; this includes the right to information and communication: "accessible forms of communication for public services must also be implemented, including sign language, Braille, cassettes, larger font sizes, and other means of assistive technology." Furthermore, "[l]egal protections should be established to safeguard the right to evolving capacity of children with disabilities so that they can express their views and exercise choice in matters affecting them." Participation is also identified as a key strategy: "Independent organizations of persons with disabilities and family members should be involved in all matters relating to the monitoring and implementation of the CRPD."
• Policy: "Vietnamese legislation should reflect the core principles of the CRPD, which include the right of all persons with disabilities to 'full and effective participation in society' - To make this possible, service systems must be reformed so that children with disabilities are able to live and grow up with their families in the community....Efforts should be made to support and train parents of children with disabilities, especially parents of children with intellectual disabilities....Viet Nam should make sure that mainstream schools admit, teach, and accommodate children with disabilities. In addition to making schools physically accessible and modified for students with different disabilities, new investments in teacher training programs to provide appropriate curricula and support for teaching children with intellectual and other disabilities are essential. Governments, persons with disabilities, and family members also should be actively involved in efforts to monitor existing programs and reform efforts...as well as program planning for implementation of the CRPD."
• Citizen participation and implementation: "The major shortcoming in any legal reform effort in Viet Nam is the lack of a strong, organized, and independent movement of stakeholders - primarily people with disabilities and their family members - committed to pressing for implementation and enforcement of existing law at the local and national level....In order to make Viet Nam's enormous effort in legal reform worthwhile, a corresponding effort to empower people with disabilities in public policy-making and advocacy is essential....People with disabilities should be appointed to Peoples' Committees and other leadership positions in local and national government making policies and implementing programs affecting individuals with disabilities....Individuals with disabilities must be given the supports and training necessary to allow them to be effective in these positions."

Note: This report is the property of MDRI and not available for commercial purposes.