HUMAN RIGHTS PERCEPTION OF VIETNAM IN THE NATIONAL REPORTS AT THE UNIVERSAL PERIODIC REVIEW

The textbook of International Law of Hanoi University of Law defines “In a legal sense, human rights are dignity, capacity and lawful interests of human beings that are codified and prot

MINISTRY OF EDUCATION AND TRAINING

HO CHI MINH CITY UNIVERSITY OF LAW

-*** -

MANAGEMENT BOARD OF SPECIAL TRAINING PROGRAMMES

HO VU MINH DIEN

HUMAN RIGHTS PERCEPTION OF

VIETNAM IN THE NATIONAL REPORTS

AT THE UNIVERSAL PERIODIC REVIEW

BACHELOR THESIS Faculty: Administrative Law Course: 2013 - 2017

HO CHI MINH CITY

2017

MINISTRY OF EDUCATION AND TRAINING

HO CHI MINH CITY UNIVERSITY OF LAW

-*** -

MANAGEMENT BOARD OF SPECIAL TRAINING PROGRAMMES

HO VU MINH DIEN

HUMAN RIGHTS PERCEPTION OF

VIETNAM IN THE NATIONAL REPORTS

AT THE UNIVERSAL PERIODIC REVIEW

BACHELOR THESIS Faculty: Administrative Law Course: 2013 - 2017

Instructor: Dr Do Minh Khoi

Student: Ho Vu Minh Dien Student’s code: 1353801011023 Class: CLC38A

HO CHI MINH CITY

2017

TABLE OF CONTENTS

Page

LIST OF ABBREVIATIONS i

INTRODUCTION iii

CHAPTER 1: GENERAL ISSUES ON HUMAN RIGHTS PERCEPTION 1

1.1 Concept of human rights perception and its importance 1

1.1.1 Concept of perception, human rights and human rights perception 1

1.1.2 Content of human rights perception 4

1.1.3 Importance of human rights perception 5

1.2 Aspects of human rights perception 6

1.2.1 Different views on human rights in history 6

1.2.2 Perception of core values and characteristics of human rights 10

1.2.3 Perception of State’s obligations in promoting human rights 13

1.2.4 Perception of specific human rights 17

1.2.5 Perception of UPR mechanism and its role 43

CHAPTER 2: HUMAN RIGHTS PERCEPTION OF VIETNAM IN THE NATIONAL REPORTS AT UPR 46

2.1 Vietnam’s participation in UPR 46

2.2 Human Rights Perception of Vietnam in National Reports at UPR 46

2.2.1 Vietnam’s approach to human rights 46

2.2.2 Vietnam’s perception of human rights fundamental values and characteristics 48

2.2.3 Vietnam’s perception of State’s obligations 50

2.2.4 Vietnam’s perception of specific rights 53

2.3 Vietnam’s perception of UPR mechanism 58

CONCLUSION v

LIST OF REFERENCES vii

LIST OF ABBREVIATIONS

Treatment or Punishment

Disappearance CRC Convention on the Rights of the Child

Workers and Members of Their Families

Crime of Apartheid

VIETNAM Socialist Republic of Viet Nam

INTRODUCTION

1 Urgency of the topic

Human rights are the most sacred values of humanity They are echoes of the common voice, the common goal and the common instrument of humankind to protect human dignity and liberty of all persons Since being codifed in international law after World War Two with the adoption of the UN Charter and the UDHR, human rights have become a common and dominant issue of the international community Numerous human rights treaties have been adopted to respect, protect and promote human rights

on a global scale, most notably the ICCPR and the ICESCR Together with an international legal framework, the UN assigned the UNHRC as a specialized body in charge of issues regarding human rights This body was later substituted by the HRC in

2006 The new council then established the UPR as a new mechanism to promote human rights worldwide Currently, UPR is considered one of the most effective mechanism

of promoting human rights of the UN

Vietnam has a long tradition of respecting and promoting the values of human rights Having been a victim of wars and aggressions which are the most serious violations of human rights throughout its history, the Vietnames people is fully aware of the sacred values of human rights Since becoming a member of the UN in 1977, Vietnam has acceded to most core international human rights instruments In February 2015, the National Assembly of Vietnam ratified the CAT, marking another milestone in Vietnam’s consistent policy of protecting and promoting human rights Fulfiling its obligations under international treaties, Vietnam has actively implemented the international standards of human rights through its legislation and policies The country has aslo participated in numerous human rights mechanisms, including the UPR The achievements of Vietnam in protecting and promoting of human rights have received recognition and praises from the international community

In order to fulfil and implement international human rights effetively in pratice, it is essential for States, including Vietnam to have a clear and appropriate perception of human rights As the content of human rights perception covers a wide range of issues and differ significantly according to different States, possessing a full and appropriate perception as universally accepted is an urgent requirement of States Hence, this is the reason that author chose to explore this issue in the thesis

2 Object of the thesis

In the scope of the bachelor thesis, the author wishes to explore in depth the two following legal issues: (i) the concept of human rights perception and its content and (ii) human rights perception of Vietnam manisfested in the National Reports at UPR With this thesis, the author aims to achieve the four following research goals:

international human rights law

Reports at UPR to understand the country perception in comparsion to the general international perception of human rights

in line with international perception of human rights

3 Scope of research

This thesis focuses on the following main contents: (i) the concept of human rights perception, (ii) the content of human rights perception, (iii) Vietnam’s human rights perception in the National Reports at UPR, and (iv) recommendations relating to the research issues

4 Research methodology

Apart from the traditional research methods such as objective physicalism method, historical physicalism method of Marxism - Lenism, the author actively utilizes the specific methods such as: logical - systematic method, comparison method, analysis method, synthesis method,…

- Logical – systematic method: is used frequently in the theory section to present the concept from different approaches

- Comparison method: is used to compare Vietnam’s human rights perception with the international perception of human rights to find the similarities and differences and make appropriate recommendations

- Analysis method: is used to clarify the content of the concepts as well as the content of the National Reports of Vietnam at UPR

- Synthesis method: is used to make conclusions regarding the research issues, based on the results of the research Hence, the author can make appropriate and relevant recommendations to the research issue

CHAPTER 1: GENERAL ISSUES ON HUMAN RIGHTS PERCEPTION 1.1 Concept of human rights perception and its importance

1.1.1 Concept of perception, human rights and human rights perception

1.1.1.1 Concept of perception

In general, perception is a concept that may have various meanings depending on the field we approach Most people today understand perception as a psychological concept Accordingly, perception is the organization, identification, and interpretation

Perception deals with human senses that generate signals from the environment through sight, hearing, touch, smell and taste, thus forming a mental representation of the

However, perception has historically been a concept belonging to philosophy The philosophy of perception is among the fundamental issues of philosophy Philosophers from different philosophical schools have their own ideas about perception

Subjective idealism philosophers believe that, the world is just a “mixture” of human feelings Accordingly, “the existence of the world is nothing but a subjective

is just a subjective “feeling” of humans

Objective idealism admits the existence of “world of ideas” or “absolute idea” and the world is just a “shadow” of the “absolute idea” As a result, perception is the “recall”

of the soul about the “absolute idea” that it has experienced or the “self-reflection” of

Adherents to skepticism criticize the existence of the world Therefore, they are skeptic about the perception of humans In the early modern period, the theory of skepticism was illustrated under the theory of agnosticism Agnosticism believes that humans, in principle, can only perceive the surrounding world but cannot understand the “thing-in-itself”

The old physicalism admitted the existence of the objective world and the ability of human beings to perceive the world However, due to being intuitive and metaphysical,

1 Daniel Schater (2011), Psychology, Worth Publishers, New York, p 5

2 Matthew O Ward et al (2015), Interactive Date Visualization: Foundations, Techniques, and Application 2 nd

Edition, CRC Press, Florida, p 73

3 G Berkeley (1978), An Essay towards a New Theory of Vision, Moscow, p 47

4 Nguyen Huu Vui (1998), History of Philosophy, National Politics Publishing House, Hanoi, p 44

the theory could not explain in a scientific way the origin, nature and features of perception They also did not see the relationship between perception and the real world According to Karl Marx and Frederick Engels, perception is a philosophical concept which means the mental activity of human beings to reflect the surrounding world (nature, society and humans themselves) This is the definition that the author is going

to use in this thesis

Based on the approach of subjective physicalism, perception bears the following characteristics:

First, the nature of perception is the reflection of the objective world into human mind but it is not an arbitrary reflection but an active and creative reflection of humans to

Second, as perception is the reflection of the natural world by human beings, the subject

of perception is human beings However, not everyone can be the subject of perception

In order to be the subject of perception, human beings need to have certain qualifications such as health, age, knowledge, experience…

Third, the reflection of the perception is long process, from feeling to understanding, from little to much, from phenomenon to nature… As a result, perception develops continuously to create concepts, ideas, principles to better reflect the perception objective

Fourth, the process of perception is based on the reality and only in reality can human test the accuracy of their knowledge There exists a unified relationship between theory and reality

1.1.1.2 Concept of human rights and human rights perception

In the history of human’s ideology, there have been many views and ideas on human rights and these rights have been studied in many fields such as politics, legal science,

a legal concept and human rights are defined mainly by legal scholars Human rights is

a multi-facet concept Depending on field we use to approach, we can have various way

5 V I Lenin (2005), Works Vol 29, National Politics Publishing House, Hanoi, p.192

6 Faculty of Law, Hanoi National University (2011), Textbook on the theory and law of human rights, National

Politics Publishing House, Hanoi, p 49-55

to define human rights According to statistics of the UN, there are currently over fifty

In legal science, the concept of human rights began to surface in the ancient times and the original idea of human rights was heavily influenced by the theory of natural rights (“lex naturalis”) In ancient Greece, philosopher Zeno (436 – 333 BC) stated that human rights are inherent and natural rights of human beings He wrote that no one was born

as slave, their slavery is the result of the deprivation of their inherent rights and

Locke (1632 – 1704) and Thomas Paine (1731 – 1839) The common characteristics of natural rights is that they are inherent rights of a person These rights exist independently from traditions, customs, cultures or will of any organizations and States They are rights that are not granted by any subjects, even the States The natural rights are also called moral rights or inalienable rights.9

In contrast to the theory of natural rights, the theory of legal rights claims that human rights are not inherent and natural rights of human beings Human rights are regulated

by the States and they are codified into legislation which has obligatory force on every person in the society The typical proponents of this theory are scholars Edmund Burke (1729 – 1797) and Jeremy Bentham (1784 – 1832) These scholars criticized that the idea of natural rights is “nonsense upon stilts” and there is no right that is inalienable

ruling class and other factors such as traditions, customs, cultures of the society and therefore, human rights are politically and culturally relative Legal rights are also known as civil rights or statutory rights.11

Nowadays, on the international level, there has been a compromise of these two theories

of human rights As such, human rights are both natural and inherent rights of human beings but at the same time, they are influenced by legal factor and political difference According to the definition prescribed by the Office of the High Commissioner for Human Rights: “human rights are commonly understood as being those rights which are inherent to the human being The concept of human rights acknowledges that every

7 The United Nations (1994), Human Rights: Questions and Answers, Geneva, p 41

8 Faculty of Law, Hanoi National University (2011), Textbook on the theory and law of human rights, National

Politics Publishing House, Hanoi, p 44

9 Malcome N Shaw (2008), International Law, Cambridge University Press, p 248-249

10 Malcome N Shaw (2008), International Law, Cambridge University Press, p 249-250

11 Faculty of Law, Hanoi National University (2011), Textbook on the theory and law of human rights, National

Politics Publishing House, Hanoi, p 43

single human being is entitled to enjoy his or her human rights without distinction as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions which interfere with fundamental

In Vietnam, there are many textbooks and research materials which have defined human rights in a similar way The textbook of International Law of Hanoi University of Law defines “In a legal sense, human rights are dignity, capacity and lawful interests of human beings that are codified and protected by national legislation and international

Law, Hanoi National University defines human rights as natural and inherent capacity

Author Tran Ngoc Duong added that the concept of human rights are natural and founded on the universal values of humanity However, human rights are relative in

Although human rights can be approach from different fields, they bear certain similar features First, they are standards regarding human dignity, capacity and lawful interests

of human beings Second, they are rights inherent to all human beings and universally recognized by the international community Third, human rights are values guaranteed

to human beings, both individually and collectively as a member of a society Fourth, human rights are recognized and guaranteed by national and international laws Fifth, human rights includes both natural and legal rights

In conclusion, the author defines that Human rights perception is the mental activity of perception subjects reflecting the content of human rights

1.1.2 Content of human rights perception

Regarding the perception subject, with distinction to the subject of human rights, which includes rights-bearers (individuals and groups) and duties (State and third parties), the perception subject of human rights comprises individuals, groups and States In the content of this thesis, the perception subject concerned is the State of Vietnam

12 Office of the High Commissioner for Human Rights (2000), A Basic Handbook for UN Staff, p 2-3

13 Đại học Luật Hà Nội (2007), Giáo trình Luật Quốc tế, NXB Công an nhân dân, p 135

14 Faculty of Law, Hanoi National University (2011), Textbook on the theory and law of human rights, National

Politics Publishing House, Hanoi, p 42

15 Tran Ngoc Duong (2004), Human rights, citizen rights in the Socialist State of Vietnam, National Politics

Publishing House, Hanoi, p.12-25

The object of perception is human rights

Regarding the content of perception, perception of human rights includes three main aspects: (i) perception of core values and characteristics of human right, (ii) perception

of State’s obligation in promoting human rights and (iii) perception of specific human rights such as political, civil, economic, social and cultural rights

Human rights perception of State differs from other perceptions in the following respects:

First, in the human rights perception of State, human rights are the most fundamental and important values of the perception subject If human rights are not the most fundamental and important, States can sacrifice human rights for other interests and purposes

Second, human rights perception of States is proclaimed in policy and legislation Third, human rights perception of State is more important than human rights perceptions

of other subjects such as individuals or organizations

1.1.3 Importance of human rights perception

That States possess a full and appropriate human rights perception is essential to the development and promotion of human rights on both national and international level

On national level: Having a full and appropriate perception of human rights can guide States to develop and enact policies as well as legislation that respect, protect and promote fundamental human rights and freedoms for all citizens Guaranteeing human rights on the national level is an essential condition leading the development of the economy, an effective administration and a democratic society

On international level: possessing a proper human rights perception ensures that States can fulfil their obligations under international human rights law Hence, the States can gain credits and better international position within the international community That States have a proper human rights perception is an essential condition to implement international standards of human rights in the world, thus leading to the protection and promotion of human rights across the globe

1.2 Aspects of human rights perception

1.2.1 Different views on human rights in history

In the history of human rights ideology, there are many ideas, viewpoints and doctrines regarding the basic values of human rights The author now designates section 1.2.1 to summarize and analyse some important viewpoints on human rights which have great influence on today perception of human right of many nations

1.2.1.1 Universalism and cultural relativism

Although human rights have been recognized as universal values adopted by the international community, there are also contradictory views regarding the interpreting and implementing of human rights in specific countries Hence, certain countries and scholars have raised and supported the theory of cultural relativism, sparkling a controversy with the proponent of universalism theory

On the one hand, universalism is defined as asserting that culture is irrelevant to the validity of moral rules and thus, reaffirms the universality, indivisibility, equality and interdependence of all human rights Nevertheless, some forms of universalism do recognise a certain degree of “moral variability” in human rights practices to guarantee

“interpretation”, for instance, of political participation or structure of the legal system,

On the other hand, advocates of cultural relativism theory argues that due to the differences regarding the culture of various nations, each nation shall have a different standards of human rights and the implementation of human rights in different countries vary accordingly They believe that “the current definition of human rights as part of the ideological patrimony of Western civilization and argue that the principles enshrined in the Universal Declaration reflect Western values and not their own”.18

Consequently, cultural relativism “is a doctrine that hold that such cultural variations are exempt from legitimate critism by outsiders and strongly supported of notions of

To conclude, the two theories of universalism and cultural relativism are not united but

at the same time, they are not totally contradictory to each other Particularly, according

to advocates of cultural relativism, only a certain number of rights need to be in compliance with the traditional culture On the contrary, universalists, while asserting that human rights are inherent and universal to all human beings, agree that cultural sensitivity must be taken into account when implementing universal human rights standards As a consequence, both theories share certain similar aspects regarding the interpreting and implementing of human rights

1.2.1.2 Marxist approach to Human Rights

Karl Marx, one of the most important philosophers in human history, has argued extensively about the concept of human rights perceived by Western scholars In his works, “On the Jewish question and human rights” and the later “Capitalism”, Marx criticized the traditional concept of human rights in Western nations and established his own concept of human rights The view of Marx on human rights later had a great influence on many socialist States which adopted Marxism His ideas continues to hold great importance in the modern perception of human rights in many countries

The first important aspect of Marx perception of human rights is his critique of contemporary emphasis on individual rights and liberties In Marx’s view, man should realize that he or she is a species-being belonging to a collective group, that is, the human species As such a species-being, man can realize that his or her powers is derived from groups, not from individual And a human being who recognises social power considers his or her own powers as the same as social power, not separating the two According to Marx, only reaching such a state of mind can bring complete human liberalisation.20

Marx stressed that human rights do not exist apart from a State because human rights are not about an individual but a group, and are originally related to a group, especially

a State Furthermore, he said that human rights were mere fictions if not protected by the State Such conceptualisation of the nature of society excluded the existence that human rights as individual rights having their foundations on a natural status that existed even before the State was created Marx believed that human rights could not cast off their hierarchical character due to their nature as no human rights was abstract due to the relationship between a human being and human society Regarding human rights as

20 Karl Marx (2000), Karl Marx: Selected Writings, Oxford University Press, p 57

just a product of social relations, he also vigorously denied inherent human rights,

Another aspect of Marx’s perception of human rights is that he viewed human rights as relativized by class struggle and history, that is, by historical materialism.22

Human rights shall be subject to the development level of the society, in particular the

history of human beings has proven that human liberties are restricted within the development of the producing force, not the simple idealism Human rights have characteristics of social class and are bound to national independence and the mastership of the people Human rights cannot be placed upon the right to exist and develop of a nation

With the establishment of the Soviet Union and later the socialist States in Eastern Europe and Asia, Marxism has been adopted as a sole ideology of many countries and Marx’s perception of human rights has been a central part of many socialist states’ perception The perception of all socialist States have many foundations in Marx’s perception First, the socialist States have place great emphasis on the role of the State

in protecting and promoting human rights within its jurisdiction.25 Second, socialist States stress the importance of many collective rights, which they consider as preconditions to ensure individual rights, such as the right to peace and the right to self-determination.26 Third, socialist States emphasize the roles of economic, social and cultural rights, in comparison to civil and political rights They spearheaded the efforts

to promote and codify these rights in international law, resulting in the adopting of ICESCR

Marx’s view on human rights remains one of the most influential viewpoint on human rights in history Marx’s perception of human right laid the foundation to develop the concept of human rights by socialist countries, which added many progressive aspects

to the modern concept and content of human rights Marx concept of rights contributes

21 Korean Bar Association (2015), “Report on Human Rights in North Korea 2014”, Seoul, p 20

22 Anteneh Geremew (2015), “Marx and Human Right”, p 13, available at SSRN:

https://ssrn.com/abstract=2442165 , last access dated 16 July 2017

23 Karl Marx and Ph Engels (1995), Works Vol.2, National Politics Publishing House, Hanoi, p 173

24 Hoang Van Hao (2003), Human rights in China and Vietnam, National Politics Publishing House, Hanoi, p 34

25 Franciszek Przetacznik (1977), “The Socialist Concept of Human Rights: Its Philosophical Background and Political Justification”, De la Revue Belge de Droit International, p 16

26 Franciszek Przetacznik (1977), “The Socialist Concept of Human Rights: Its Philosophical Background and Political Justification”, De la Revue Belge de Droit International, p 24

greatly in the modern theory of human rights and continues to have influence in many countries, both socialist and capitalist

1.2.1.3 Human rights and “Asian values”

Human rights have long been studied in the West Human rights are equal, universal

countries tend to stress the importance of group’s rights, cultural rights and national sovereignty Asian countries follow the theory of cultural relativism and most of them argue that Western values and ideas of human rights are not suitable to implement in Asian societies One of the most striking difference is the contrast of Western

as individual rights placed in a societal context Therefore, they cannot be separated from the society, the State and the nation While Western scholars argue for the application of universality standard for human rights, Asian countries criticized that the

In the Vienna Conference 1993, Asian countries proposed the concept of “Asian values”

as a counter argument against Western universalism on human rights According to scholars Ole Bruun and Michael Jacobsen, there are four main arguments constituting

“Asian values”: cultural argument, collective argument, disciplinary argument and

Firstly, there is a so-called cultural argument According to the theory of cultural relativism, human rights is closely associated with the right of self-determination of a people or a nation They must correspond with the economic, political situation and the culture of that country.31 In the 1993 Bangkok Declaration on Human rights, Asian nations emphasized that while human rights must be considered in the context of a dynamic and evolving process of international norm-setting, bearing in mind the significance of national and regional particularities and various historical, cultural and

religious backgrounds.32 While accepting the universality of human rights, these nations stated that they do not accept inconsistent values and human rights must be considered within the specific situation of the country

Secondly, there is a collective argument While Western nations stress the importance

of individual liberties, Asian countries tend to adopt communitarism The interest of the

corresponds with the traditional cultures of Asian countries which value the role of family and the community Accordingly, if there is any conflict between individual and collective interest, the collective interest shall prevail

Third, there is the disciplinary argument, stressing the importance that Asians allegedly attribute to voluntary discipline in all social life, including family relations, labour relations and politics Instead of emphasizing civil and political rights, Asian nations believe that economic development plays an importan role in ensuring and promoting

Fourth, there is the organic argument Asian countries view the State and the society as

a unified body and therefore, individuals or organizations with State power shall assume the role to govern in the best interest of the society Consequently, the State is obligated

Nowadays, the debate on Asian values remains a heated issue between Western and Asian countries regarding human rights The modern world is approaching human rights

in a more harmonious way, which respect and compromise the interest of individuals,

1.2.2 Perception of core values and characteristics of human rights

Human rights, as a political, social and legal concept, have their own characteristics These characteristics are widely recognized by the international community, having

36 Eckart Klein, “General Comments on the Universality of Human Rights”, Presentation at the Conference on the

Universality and Particularity of Human Right 2010, Hanoi, p 9

been inscribed in international legal documents such as the Vienna Declaration and Program Action 1993 Perception of these fundamental characteristics constitutes an important part of the perception of human rights in general as all the international standards of human rights are based profoundly on these characteristics and principles

characteristics of human rights include:

1.2.2.1 Human rights are founded on respect for the dignity and worth of each person Human dignity is values and dignity which only human beings possess and therefore, it distinguishes human beings from other animals Dignity is equally inherent in every person The concept of dignity itself includes ideas of human rights, the uniqueness and identity of every single person, which are respected by all people, organizations and society.38

Human rights are founded on human dignity and they are special instruments invented

by the humankind to protect human dignity With the codification of human rights into international and national legislation, human dignity is now officially protected The constitutions of most countries in the world include provisions directly or indirectly upholding the inviolability of human rights and that all entities have an obligation to respect and protect the dignity of others The UN Charter, in its preamble, “ reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the

preamble and affirmed its recognition of the inherent dignity and of the equal and

rights (the ICCPR and the ICESCR) continued to assert that human rights “…derive

1.2.2.2 Human rights are universal

The principle of universality of human rights is the cornerstone of international human rights law This principle, as first emphasized in the UDHR in 1948, has been reiterated

in numerous international human rights conventions, declarations, and resolutions The

1993 Vienna World Conference on Human Rights, for example, noted that it is the duty

37 Office of the High Commissioner for Human Rights (2000), A Basic Handbook for UN Staff, p 5

38 V E Davidovich (2002), Under the philosophical kaleidoscope, National Politics Publisher, Hanoi, p 591

39 UN Charter, Preamble

40 UDHR, Preamble

41 ICCPR and ICESCR, Preamble

of States to promote and protect all human rights and fundamental freedoms, regardless

of their political, economic and cultural systems

The Vienna Declaration and the subsequent Program of Action reaffirmed that all human rights are universal and the international community must ensure the enjoyment

of human rights on a global scale in an equal, fair and non-discrimination manner All human rights are considered as sacred values of humankind, becoming the common goal of the humanity They are applied in all stages of development in history without any discrimination with regards to race, ethnicity, sex, religion, age or social origin The universality of human rights is inscribed in many international legal documents on human rights Hence, human rights are not just domestic affair within one nation’s jurisdiction Human rights have become an international issues governed by international law However, the universality of human rights does not mean the extreme equalization on the rights enjoyment level, it must be construed as equality in terms of the legal position of the right-bearers

1.2.2.3 Human rights are inalienable

Human rights are inalienable and therefore, they cannot be taken away or limited arbitrarily Human rights are inherent and basic dignity of each person Consequently,

no States, organizations or individuals can infringe on these rights All international human rights instruments as well as recognized studies on human rights assert that human rights are sacred and valuable rights of human beings and promoting human rights is one of the main goal of the whole humankind The preamble of the UDHR has stressed the “recognition of the inherent dignity and of the equal and inalienable rights

circumstances, for instance, the right to liberty may be restricted if a person is found guilty of a crime by a court of law The logical reason of this limitation is to protect the rights of other people, and in a higher level, the interest of a nation or a community The restriction or deprivation of human rights are limited to only certain rights and may only last for a specified period of time

1.2.2.4 Human rights are indivisible

Human rights are equally important and there is no right which are of more value than other rights The foundation of this characteristics is that all human rights exist due to their interrelated and interdependent relationship, not a physical combination

42 UDHR, Preamble

Although, the civil and political rights were construed before the economic, social and cultural rights, they are not considered as more important Both group of rights reflect all the need of a person both physically and mentally and together ensure the survival and development of a human being However, depending on the stage of development and a specific economic, social and cultural situation of a country, one group of rights may be prioritized over another Lastly, international human rights law has also adopted the rights of groups such as those of women, person with disabilities, children… These people have difficulties exercising and enjoying their rights due to their health, age or certain physical features As a consequence, they require certain rights and better protection These priority rights are not inconsistent with the indivisibility of human rights and they do not create any discrimination between different groups of people in the society In fact, these rights bring fairness and opportunities for these group of people to access and enjoy human rights more equally

1.1.2.5 Human rights are interrelated and interdependent

All human rights bear an interrelated and interdependent relationship with one another Consequently, they should be considered as a unified body of rights If one right is violated, other rights are also infringed as a direct or indirect result On the contrary, if one right is guaranteed, it will lead to the guarantee of other rights For instance, when the economic rights are effectively implemented, they will pave the way for the development of social and cultural rights Similarly, when the economic and social conditions are well developed and people are enjoying the economic, social and cultural rights in a better way, civil and political rights will also experience an extensive development As such, to better guarantee a specific civil or political right, the State also need to guarantee the corresponding economic, social and cultural rights For example, to ensure the right to vote and be nominated, the rights to education, healthcare and an affordable living must be first guaranteed

1.2.3 Perception of State’s obligations in promoting human rights

Human rights entail both rights and obligations States assume obligations and duties under international law to respect, to protect and to fulfil human rights Perception of State’s obligations in ensuring human rights constitutes an important part of human rights perception

1.2.3.1 Content of State’s obligations in ensuring human rights

In general, State’s obligations in ensuring human rights include three particular obligations:43

First, States assume the obligation to respect This obligation requires States to refrain from, either directly or indirectly, interfering with the enjoyment and exercising of human rights by their people It is considered a negative obligation as it does not require the States to actively propose and implement initiatives, measures or programmes with the purpose of assisting its citizens in enjoying human rights This obligation is closely concerned with civil and political rights

Second, States have the obligation to protect This obligation requires States to prevent any violation of human rights by third parties It is a positive obligation as States have

to take measures and propose mechanisms to prevent and address human rights violations within its jurisdiction This obligation is applied to all human rights, in particular, the civil and political rights

Third, States have the obligation to fulfil or facilitate This obligation requires States to have measures with purpose to help the citizens better enjoy human rights It is also a positive obligation as it requires States to have specific plans and programmes to ensure that all citizens can enjoy their rights to the highest standards This obligation is particularly associated with the economic, social and cultural rights

Regarding the States’ obligation, the general perception is that the implementation of civil and political rights shall be immediate as it does not require much resources On the other hand, economic, social and cultural rights may be implemented by the way of progressive realization, depending the available resources of each State

Furthermore, in terms of States’ obligations in ensuring economic, social and cultural rights as well as rights of vulnerable groups, there are also obligation to conduct and obligation to result For instance, in order to implement the rights inscribed in ICESCR, obligation to conduct requires States to propose and carry out measures and programmes such as banning forced labour, providing public healthcare or free education to children… The obligation to result requires that the measures and programmes of States must be possible and effective Both obligations imply that, to

43 CECSR (2000), General Recommendation No 14, in Compilation of General Comments and Recommendations adopted by human rights treaty bodies, New York, para 33

gradually implementing economic, social and cultural rights, States are obligated to make their best efforts within their resources

1.2.3.2 Derogation of human rights in case of public emergency

In principle, State’s obligations in implementing human rights are continuous However, under international human rights law, Article 4 of ICCPR in particular, allows that in case of public emergency, States may take measures derogating from their obligations under the Covenant and restrict the exercise and enjoyment of human rights

by its citizens for a specific period

The measures, by its nature, are the temporary suspension of implementing the civil and political rights in a certain period These measures are usually implemented by States

in public emergencies such as declaring martial law, banning demonstration and assembly of large crowds, banning or restricting the activity of mass media organizations, restricting movement and travelling abroad…

However, when applying Article 4 in public emergency, there are certain requirements that States must strictly follow:

First, the measures are taken in the time of public emergency which threatens the life

of the nation and the existence of which is officially proclaimed and these measures are taken as the last solution to remedy the situation The UNHRC has issued Siracusa principles to serve as an instrument to determine the reasonability of the declaration of public emergency by States

Second, the measures are not inconsistent with other States’ obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin

Third, the measures are not inconsistent with Articles 6, 7, 8 (paragraphs 1 and 2), 11,

15, 16 and 18 of ICCPR In other words, States are not permitted to derogate the rights

in these Articles even in public emergency These rights are also known as derogable rights

non-Last, when taking these measures, States shall immediately inform other States Parties

to the Covenant through the intermediary of the Secretary - General of the UN, of the provisions from which it has derogated and of the reasons by which it was actuated A further notice shall also be made on the date on which it terminates such derogation

Concerning the reasonability of these measures taken in public emergency, the UNHRC has issued the “Siracusa principles on the limitation and derogation provisions in the

the following:

First, the measures are taken with a strict necessity as a final solution and the implementation of these measures is temporary and limited to period of public emergency

Second, the implementation of the measures does not affect the exercise and enjoyment

of other human rights, in particular the non-derogable rights In certain circumstances, other measures shall also to be taken to protect non-derogable rights

Third, the measures are taken as strictly required by the exigencies of the situation where ordinary measures permissible under the specific limitations clauses of the Covenant would be inadequate to deal with the threat to the life of nation Furthermore,

a threat to the life of the nation is one that affects the whole of the population and either the whole or part of the territory of the State

1.2.3.3 Limitation of certain human rights

Limitation of rights, which is provided in certain international human rights instrument, permits the States to issue conditions on the exercise and enjoyment of certain human rights Similar to the derogation of rights as mentioned in section 1.2.3.2, certain human rights cannot be limited These rights are generally known as absolute rights

The limitation of human rights in different international treaties is different Some treaties such as ICESCR have a separate Article to address this issue Article 4 of ICESCR, which is called general limitation clause, applies to the human rights within the Covenant In other human rights treaties, the limitation of rights are regulated within specific Articles on certain rights

Under Article 4 of ICESCR, State Parties may subject such rights only to such limitation

if the following conditions are satisfied

First, the limitations are determined in national laws This requirement prevents States from arbitrarily subject human rights to limitations Even though the limitations are

44 United Nations Human Right Committee (1984), Siracusa principles on the limitation and derogation provisions in the International Covenant on Civil and Political Rights, available at https://www.icj.org/siracusa- principles-on-the-limitation-and-derogation-provisions-in-the-international-covenant-on-civil-and-political- rights/ last accessed dated 15 July 2017

determined in national laws, they are not inconsistent with the provisions of the Covenant

Second, the limitations shall be compatible with the nature of related rights This requirement ensures that the limitation of rights does not have any negative impact on

a person’s capacity of enjoying these rights As the nature of many economic, social and cultural rights is abstract, it is difficult to assess that whether a limitation of rights

is compatible with the nature of such rights and hence, it shall be assessed on a by-case basis

case-Third, the limitation or rights must be solely for the purpose of promoting the general welfare in a democratic society Regarding this requirement, in other treaties, the list of purposes includes other factors such as national security, public safety, public health, moral values or protecting the rights and freedoms of others…

Some rights in the ICCPR and ICESCR, which are subject to limitation by States, include: right to establish, participate in labour union and right to strike; right to freedom

of movement and residence; right to a public trial; right to freedom of thought, religion and belief; right to freedom of expression; right to freedom of assembly and association…

1.2.4 Perception of specific human rights

Together with the perception of human rights characteristics and State’s obligations, perception of the content and international standards of specific human rights constitutes the most important aspect of human rights perception The author designates this section of the thesis to analyse the content and international standards of important human rights under the international human rights law Generally, human rights can be categorised into five groups: civil rights, political rights, economic rights, social rights and cultural rights Recently, scholars have argued about adding the rights of vulnerable groups into human rights categories

These rights are prescibed in UDHR and nine core international human rights instruments (ICCPR, ICESCR, CRC, CEDAW, CRPD, CAT, ICERD, ICSPCA, ICRMW) This part focuses on the rights prescibed in ICCPR, ICESCR, CRC, CEDAW and CRPD, which are international treaties either signed or ratified by Vietnam to this point The content of these rights are analysed based on the provisions of treaties as well

as General Comments adopted by Treaty Committees The author shall use a coherent

approach to analyse all the rights below so as to study the rights in a interrelated relationship

1.1.4.1 Perception of civil and political rights

1.1.4.1.1 The right to life

The right to life was first mentioned in Article 3 of UDHR and later prescribed in details

in paragraph 1 Article 6 of ICCPR: “Every human being has the inherent right to life This right shall be protected by law No one shall be arbitrarily deprived of his life” The remaining paragraphs of this Article lay out the basic principles in apply the death penalty in countries which retain this punishment

The perception of the content of this right is clarified in General Comments 6 and 14 of the UNHRC, which contains the main following points:

First, the right to life is “the supreme right from which no derogation is permitted even

Second, the expression “inherent right to life” cannot properly be understood in a restrictive manner, and the protection of this right both positive and negative actions by States The UNHRC considers that it would be desirable for States to adopt positive

Third, prevention of criminal acts which threaten or deprive life of people is an important measure to protect this right.47 Likewise, the prevention of war, acts of genocide and other acts of mass violence causing arbitrary loss of life are also closely associated with the protection of the right to life.48

Fourth, regarding the relationship about the right to life and the death penalty Although ICCPR does not oblige States Parties to abolish this penalty, they bear a duty to restrict its use In particular, death penalty can only be applied to the “most serious crimes” Besides, State Parties which still apply the death penalty shall ensure that the accused

enjoy a fair trial including the right to a public trial, presumption of innocence,

1.1.4.1.2 The right to liberty and security of person

This right was first declared in Article 9 of UDHR and later prescribed in Article 9 of ICCPR as: “Everyone has the right to liberty and security of person No one shall be subjected to arbitrary arrest or detention No one shall be deprived of his liberty except

on such grounds and in accordance with such procedure as are established by law (2) Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him (3) Anyone arrested

or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within

a reasonable time or to release It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial,

at any other stage of the judicial proceedings, and, should occasion arise, for execution

of the judgment (4) Anyone who is deprived of his liberty by arrest or detention shall

be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order this release if the detention is not lawful (5) Anyone who has been the victim of unlawful arrest or detention shall have

an enforceable right to compensation.”

Regarding the content of this right, General Comment No 8 of the UNHRC has clarified certain aspects of this right:

First, concerning the scope of application, this right is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for instance, mental illness,

Second, the length of detention is fixed by law in State Parties However, ICCPR requires that any persons arrested or detained has to be brought “promptly” before a

must conform with the principles: (i) the accused shall be brought “to trial within a

reasonable time or to release”, (ii) the detention should be an exception and as short as possible.52

Third, if so-called preventive detention is used, it must not be arbitrary and must be based on grounds and procedures established by law Information of the reasons must

be given and court control of the detention must be available as well as compensation

1.1.4.1.3 The right to liberty of movement and freedom to choose his residence

This right was first established in Article 13 UDHR and later prescribed in Article 12 and Article 13 of ICCPR According to Article 12 ICCPR, “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence Everyone shall be free to leave any country, including his own No one shall be arbitrarily deprived of the right to enter his own country.”

Article 12 prescribes four interrelated liberties, including: (i) freedom to choose his residence in a territory of a State; (ii) freedom of movement within that territory; (iii) freedom to leave any countries, including his own; (iv) freedom to return to his home country However, paragraph 3 of this Article establishes that the right to liberty of movement and freedom to choose his residence is not absolute right but subject to limitations which are provided by law, necessary to protect national security, public order, public health or morals or the rights and freedoms of others; and are consistent with the other rights recognized in the ICCPR

Regarding Article 12 of ICCPR, UNHRC has adopted General Comment No 27 clarifying certain aspects of this right, including:

First, liberty of movement is an indispensable condition for the free development of a person.54

Second, the permissible limitations which may be imposed on this right must not nullify the principle of liberty of movement, and are governed by the requirement of Article

Third, this right is applicable to citizens of a State and to aliens lawfully within the territory of a State.56

Fifth, the enjoyment of this right must not be made dependent on any particular reason

Sixth, the State Party must ensure that the rights guaranteed in Article 12 are protected

Seventh, subject to Article 12(3), the right to reside in a place of one’s choice within the territory includes protection against all forms of forced internal displacement It also

Eighth, freedom to leave any country, including one’s own, may not made dependent

on any specific purpose or on the period of time the individual chooses to stay outside the country.61

Ninth, in order to enable the individuals to enjoy the rights guaranteed by Article 12(2),

Tenth, the restrictions under paragraph 3 of Article 12 must be consistent with all other

Eleventh, the right to enter his or her own country recognizes the special relationship of

a person to that country It may also entitles a person to come to the country for the first

1.1.4.1.4 The right to non-discrimination, recognition as a person before the law and

equal protection of the law

This right has been considered one of the fundamental principles of international human rights law It consists of three unenumarated rights: (i) the right to non-discrimination; (ii) the right to recognition as a person before the law; (ii) the right to be equal before the law and enjoy equal protection under the law

This right was first recognized in Articles 1, 2, 6, 7 and 8 of UDHR and later prescribed

in Articles 2, 3, 16 and 26 of ICCPR

Regarding the first aspect of this right, Article 2 of ICCPR requires that the State Parties undertakes to respect and to ensure to all individuals within their territory and subject

to their jurisdiction the rights recognized in the present Covenan, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status Paragraphs 2 and 3 mentioned the State’s obligation to undertake to take necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt legislative or other measures as may be necessary to give effect to the rights recognized

in the Covenant and to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity Article 3 of ICCPR focuses on gender equality, stressing that the State Parties undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant

Concerning the second aspect, Article 6 of UDHR establishes that everyone has the right to recognition everywhere as a person before the law This provision remains unchanged in Article 16 of ICCPR

Regarding the third aspect, Article 7 of UDHR recognizes that, “All are equal before the law and are entitled without discrimination to equal protection of the law” Article

8 adds, “Everyone has the right to effective remedy by the competent national tribunals

64 UNHRC (1999), General Recommendation No 27, in Compilation of General Comments and Recommendations adopted by human rights treaty bodies, New York, para 19

for acts violating the fundamental rights granted him by the constitution or by law.” Article 26 of ICCPR adopts the same provisions as UDHR and adds that, in this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any grounds such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status In this aspect, the General Comment No 18 of UNHRC has clarified the following important points:

First, non-discrimination, together with equality before the law and equal protection of

Second, Article 26 of ICCPR not only entitles all persons to equality before the law as well as equal protection of the law but also prohibits any discrimination under the law

of State Parties.66

Fourth, because of their basic and general character, the principle of non-discrimination

as well as that of equality before the law and equal protection of the law are sometimes expressly referred to in Articles relating to particular categories of human rights, such

as the right to equality before the courts and tribunals or the right to equal participation

in public life of all citizens

Fifth, it is for the State Parties to determine appropriate measures to implement the

Sixth, UNHRC defines that the term “discrimination” should be understood to imply any distinction, exclusion, restriction or preference based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition,

Seventh, the enjoyment of rights and freedoms on an equal footing, however, does not

principle of equality sometimes requires States parties to take affirmative action in order

to diminish or eliminate conditions which cause or help to perpetuate discrimination

1.1.4.1.5 The right to freedom of thought, conscience and religion

This right was first recognized in Article 18 of UDHR and later reaffirmed in Articles

18 and 20 of ICCPR: “(1) Everyone shall have the right to freedom of thought, conscience and religion This right shall include freedom to adopt or have a religion or belief of his choice, and freedom, either individually or in community with others and

in public or private, to manifest his religion or belief in worship, observance, practice and teaching (2) No one shall be subject to coercion which would impair his freedom

to have or to adopt a religion or belief of his choice (3) Freedom to manifest one’s religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedom of others (4) State Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religions and moral education of their children in conformity with their own convictions”

Certain aspects of this right was clarified by General Comment No 22, which includes: Firstly, this right is far reaching and profound It encompasses freedom of thought on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others These freedoms are so

Secondly, Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief The terms “belief” and “religion” are to be

Thirdly, Article 18 distinguishes the freedom of thought, conscience, religion or belief from the freedom to manifest religion or belief It does not permit any limitations whatsoever on the freedom of thought and conscience or on the freedom to have or adopt a religion or belief of one’s choice These freedoms are protected

Fourthly, UNHRC observes that the freedom to “have or to adopt” a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one’s current religion or belief with another or to adopt atheistic views, as well

as the right to retain one’s religion or belief.75

Fifthly, UNHRC is of the view that Article 18(4) permits public school instruction in subjects such as the general history of religions and ethics if it is given in a neutral and

Sixthly, in accordance with Article 20, no manifestation of religion or belief may amount to propaganda for war or advocacy of national, racial or religious hatred that

Seventhly, Article 18(3) permits restrictions on the freedom to manifest religion or belief only if limitations are prescribed by law and are necessary to protect public safety, order, health or morals, or the fundamental rights and freedoms of others The freedom from coercion to have or to adopt a religion or belief and the liberty of parents and

Eighthly, the fact that a religion is recognized as a State religion or that it is established

as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents to

Ninthly, if a set of beliefs is treated as official ideology in constitutions, statutes, proclaimations of ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under Article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official

1.1.4.1.6 The right to freedom of expression

This right was first recognized in Article 19 of UDHR and later reaffirmed in Articles

19 and 20 of ICCPR Article 19 prescribes that “(1) Everyone shall have the right to hold opinions without interference (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form

of art, or through any other media of his choice (3) The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities It may therefore be subject to certain restrictions, but these shall only be such as are provided

by law and are necessary: (a) for respect of the rights or reputations of others; (b) for the protection of national security or public order (ordre public), or of public health or morals”

The content of Article 19 was clarified by UNHRC in General Comment No 10 Accordingly, the right to hold opinions without interference is protected and no

In addition to Article 19, Article 20 of ICCPR prescribes an important limitation of the right to freedom of expression According to this Article, any propaganda for war or any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law This Article was later commented in General Comment No 11, which can be perceived as the following: First, Article 20 of the Covenant states that any propaganda for war and any advocacy

of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law In the opinion of the UNHRC, these required prohibitions are fully compatible with the right of freedom of expression as

contained in Article 19, the exercise of which carries with it special duties and responsibilities.82

Second, The prohibition under paragraph 1 extends to all forms of propaganda threatening or resulting in an act of aggression or breach of the peace contrary to the

UN Charter, while paragraph 2 is directed against any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, whether such propaganda or advocacy has aims which are internal or external to the

Concerning the right to freedom of opinion and expression, UNHRC also adopted General Comment No 34 to clarify more aspects of this right Accordingly, the right to freedom of expression includes political discourse, commentary on one’s own, and on public affairs, canvassing, discussion on human rights, journalism, cultural and artistic

1.1.4.1.7 The right to freedom of peaceful assembly

The right to peaceful assembly was first recognized in Article 20 of UDHR and later prescribed in Article 21 of ICCPR: “The right to peaceful assembly shall be recognized

No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests

of national security or public safety, public order (ordre public, the protection of public health or morals or the protection of the rights and freedoms of others).”

Concerning this right, UNHRC has not adoped any General Comments However, from the content of this right, it is not an absolute rights According to scholars, States Parties have both positive and negative obligations to protect this right as this right is an

85 UNHRC (2011), General Recommendation No 34, para 18, available at

http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=8&DocTypeID=11 , last accessed on 16 July 2017

important precondition to exercise the right to freedom of expression set forth in Article

19.86

1.1.4.1.8 The right to freedom of association

The right to Freedom of association was first recognized in Article 20 of UDHR and later prescribed in Article 22 of ICCPR: “ (1) Everyone shall have the right to freedom

of association with others, including the right to form and join trade unions for the protection of his interests (2) No restrictions may be placed on the exercise of this right other than those which are prescibed by law and which are necessary in a democratic society in the interest of national security or public safety, public order, the protection

of public health and morals or the protection of the rights and freedoms of others This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right.”

UNHRC has not adopted any General Comment concering this right However, from the text of Article 22, this right includes three aspects: (i) forming associations; (ii) joining the current associations; (iii) managing the associations, including seeking fiancial contributions of the operation of the associations

The right to freedom of association is closely related to the right to peaceful assembly

in Article 21 of ICCPR This right is also not an absolute right as State Parties can set limitations on the exercise of this right, as long as the limitations are based on the provisions of ICCPR

1.1.4.1.9 The right to political participation

This right was first recognized in Article 21 of UDHR and later precribed in Article 25

of ICCPR: “Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) to take part in the conduct of public affairs, directly or through freely chosen representatives; (b) to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression

of the will of the electors; (c) to have access, on general terms of equality, to public service in his country”

86 Faculty of Law, Hanoi National University (2011), Textbook on the theory and law of human rights, National

Politics Publishing House, Hanoi, p 188