: Acquired Immuno Deficiency Syndrome: Assisted reproductive technology: Convention on the Elimination of All Forms of DiscriminationAgainst Women : Convention on the Rights of the Child
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In “Sức khoẻ sinh sản và tình dục của vi thành niên và thanh niên Việt Nam: Tình hình và các chính sách” (Sexual and Reproductive Health of Vietnamese Youth: The situation and policies) published in the Vietnam Journal of Public Health This research specifically analyzes Vietnam's legislative and policy frameworks governing SRHR, highlighting existing disparities between urban and rural access to services, gaps in comprehensive sexuality education, and the persistent influence of cultural barriers The authors emphasize the need for stronger enforcement of current policies, recommend integration of comprehensive sexuality education into national curricula, and call for addressing socio-cultural barriers that hinder equitable service access This analysis critically highlights areas for policy improvement, aligning closely with international human rights standards and practices.
In "Một số van dé về bảo vệ quyền của phụ nữ va trẻ em gái bằng pháp luật hình sự Việt Nam" by Phan Thị Thu Lê and Hoàng Hải Yến in 2020 ("Some Issues on Protecting the Rights of Women and Girls through Vietnamese Criminal Law") examines the legal mechanisms in Vietnam aimed at safeguarding the rights of women and girls through criminal law The study highlights the existing legal provisions designed to protect this vulnerable group and identifies challenges in enforcement and areas where the law may be insufficient The author emphasizes the necessity for legal reforms to enhance the effectiveness of these protections, ensuring that the rights of women and girls are adequately upheld within the Vietnamese criminal justice system.
3 Objectives and tasks of the Thesis
The study aims to make some proposals for the improvement of the law on SRHR in Vietnam from Australia experience To achieve these goals, the author focused on the following tasks:
- Analyzing the theoretical issues on SRHR;
- Clarifying the law on SRHR in Australia based on four elements: the legal framework on SRHR, the objectives of law on SRHR, the principles of law on SRHR, the contents of law on SRHR;
- Comparing the similarities and differences in the SRHR law of Vietnam and Australia;
- Preparing some proposals for the improvement of the law on SRHR in Vietnam.
4 The object and delimitation of the Thesis
In terms of the research object, the thesis focuses on examining the legal frameworks, policies, and implementation mechanisms concerning Sexual and Reproductive Health and Rights (SRHR) The specific attention is given to the legislative provisions, judicial interpretations, healthcare services, and socio-cultural contexts affecting the practical realization of reproductive rights and healthcare accessibility in Vietnam and Australia.
Regarding the research delimitation, the thesis comparatively analyzes SRHR legal frameworks within Vietnam and Australia The intentional choice of these two countries is informed by the distinctiveness of their socio-cultural backgrounds, legislative histories, and implementation practices Vietnam represents a developing country context with strong constitutional commitments yet significant challenges in practical implementation, influenced by traditional values and resource constraints.
In contrast, Australia provides a developed country perspective characterized by progressive legal reforms, well-established healthcare systems, and effective enforcement mechanisms The comparative approach facilitates a multi-dimensional understanding and enables meaningful insights and practical recommendations for enhancing Vietnam's legal and policy landscape concerning sexual and reproductive health rights.
5 Methodology and research methods of the Thesis
With an aim of achieving the objectives and tasks of the thesis, evaluation in this paper are based on its dialectical of research methods as an analytical method, synthetic method, and the methodology of Comparative Law; (1) Analytical and synthetic methods are used in Chapter | to clarify the general issues of SRHR; (2) Analytical and synthetic methods are also used in Chapter 2 to analyze Australian law on SRHR; (3) In Chapter 3, the author used methods of interpretation, analytical and synthetic method and Comparative methods to highlight a number of similarities and differences of Australia and Vietnam on the main issue of the thesis As a result, the author has commented and recommended some proposals for the improvements of law on SRHR in Vietnam from Australia experiences.
6 Scientific and practical implication of the Thesis
In terms of scientific significance, the thesis is a systematic study of law onSRHR in Vietnam The study has a comparison with Australia, which have a lot of experiences in the process of developing laws on SRHR The research also analyzes and clarifies the necessity and significance of law on SRHR and evaluates the current legal practice of the law on SRHR in both countries After all, the thesis would like to emphasize the importance of improving SRHR law.
Regarding practical significance, this thesis is a valuable reference for State agencies in the process of formulating policies and developing laws to ensure SRHR and the recommendations of the thesis are provided by a balanced curriculum of theoretical and practical research toward SRHR Moreover, the thesis also considers the relationship between SRHR and the protection system for these rights, hence, the author has commented and suggested some proposals for the improvement of protect SRHR in Vietnam This is also a resource to support research activities for any individual or organizations interested in SRHR.
Apart from the introduction, conclusion and list of references, the thesis content consists of 3 chapters:
Chapter 1: Theoretical issues of sexual and reproductive health and rights Chapter 2: Sexual and reproductive health and rights under Australian law Chapter 3: Sexual and reproductive health and rights under Vietnamese law
— comparing with Australia and proposals for Vietnam.
THEORETICAL ISSUES OF SEXUAL AND
The concept of sexual and reproductive health and rights
The concept of SRHR has been defined by different ways: as a compound concept and as a whole concept.
A Briefing Note of the European Humanists Federation defined the concept SRHR by dividing it into two separate concepts: “sexual and reproductive health” and “sexual and reproductive rights” Firstly, “sexual and reproductive health” 1s the ability to have a safe and satisfying sex life and the ability to reproduce It is strongly linked with the freedom for all to decide if, when, how often and with whom one has sex and their freedom to decide if, when and how often to reproduce Secondly,
“sexual and reproductive rights are the rights for everyone to make decisions about their sexual and reproductive health, including the choice to marry and determine the number, timing and spacing of their children; to sexual and reproductive security free from coercion and violence; to be informed and have access to safe and legal family planning services and to have access to healthcare services enabling women to go safely through pregnancy and childbirth!.
Pithavadian have stated: “Sexual and reproductive health and rights is the recognition of every person’s right to make fully informed and self-determined decisions about their sexual participation, such as contraception use, sexual partners, and access to sexual health information and services, without discrimination, violence, and/or coercion.””? This definition is more concise than the others and covers two aspects of SRHR is “health” and “rights”.
' 10/02/2025, European Humanist Federation (2015), “What are sexual and reproductive health and rights?”, https://www.make-way.org/wp-content/uploads/2023/02/What-are-sexual-and-reproductive-health-and-rights-EHF- briefing-F pdf , last access: 28/02/2025.
? Rashmi Pithavadian, Elias Mpofu, Tinashe Dune (2023), “Sexual and Reproductive Health and Rights”,
Encyclopedia of Sexual Psychology and Behavior, Springer International Publishing, p.1-6 Link access:
The author argues that the second definition, which defines "sexual and reproductive health and rights" (SRHR) as a unified whole rather than as separate components, is more reasonable This approach more effectively encapsulates the interdependence of health and rights, recognizing that access to sexual and reproductive health services is inseparable from the rights that enable individuals to make informed and autonomous decisions The definition provided by Pithavadian is particularly compelling because it clearly integrates both aspects, emphasizing the necessity of self-determination, access to healthcare, and freedom from discrimination and coercion By treating SRHR as a single, indivisible concept, this perspective ensures a holistic understanding that reinforces the fundamental connection between health and human rights in the context of sexuality and reproduction.
The above definition shows that SRHR is not a standalone or isolated aspect of health but rather a fundamental component of overall well-beingỶ It connects various elements, such as reproductive health, maternal care, and STI prevention, ensuring that individuals receive holistic care Every aspect of SRHR, from contraceptive access to sexual education, plays a role in improving people’s quality of life Since SRHR is deeply tied to physical, emotional, and mental health, integrating services ensures that individuals receive well-rounded, effective care.
One of the core pillars of SRHR is the recognition of bodily autonomy, which ensures that individuals have the right to make decisions about their bodies, free from external control Regardless of sexual orientation, gender identity, or sex characteristics, everyone has the right to make choices about their reproductive health, including whether to use contraception, undergo medical procedures, or have children Upholding bodily autonomy strengthens personal dignity, self-
3 09/02/2025, Guttmacher-Lancet Commission (2018), Accelerate Progress: Sexual and Reproductive Health and
Rights for All, https://www.thelancet.com/journals/lancet/article/PIISO140-6736(18)30293-9/fulltext, last access:19/02/2025. determination, and gender equality, allowing individuals to exercise their reproductive rights freely.
At its core, SRHR is grounded in human rights principles It affirms that all individuals have the right to make informed choices about their reproductive lives, free from discrimination, coercion, or violence This approach is recognized by national and international legal frameworks, emphasizing reproductive autonomy as a fundamental right Upholding these rights ensures that people can access reproductive healthcare and information, make decisions about childbearing, and receive protection against harmful practices.
SRHR extends to all individuals regardless of gender, age, or socioeconomic status Women face unique biological and societal challenges in accessing reproductive healthcare, while adolescents, older adults, and marginalized populations have specific needs requiring targeted approaches Ensuring universal access to SRHR services addresses these disparities and promotes health equity across diverse populations.
SRHR is fundamentally connected to gender equality, sustainable development, education, and economic advancement When individuals, particularly women, lack access to reproductive healthcare and rights, their full participation in society becomes limited Education and empowerment enable better health decisions, contributing to economic stability and community welfare’ A comprehensive approach to SRHR creates a foundation for broader social development.
A holistic view of SRHR encompasses more than disease prevention and reproductive function management; it addresses overall wellbeing This positive approach recognizes the value of healthy relationships, trust, self-esteem, and
* Elizabeth Zuccala, Richard Horton (2018), “Addressing the unfinished agenda on sexual and reproductive health and rights in the SDG era”, The Lancet, Volume 391, p.2581-2583 Link: https://pubmed.ncbi.nlm.nih gov/29753596/ emotional support Safe, consensual, and positive sexual experiences contribute significantly to mental and emotional health, underscoring the importance of comprehensive SRHR services’.
Essential SRHR services include contraception access, maternal and newborn care, STI and HIV/AIDS prevention, safe abortion services, gender-based violence intervention, infertility treatment, and sexual health counseling Comprehensive sexuality education equips individuals with knowledge for informed decision- making These interconnected components foster healthier, more empowered communities.
Comprehensive sexual education serves as a critical tool for empowerment and informed choice Access to accurate, age-appropriate, and inclusive information helps individuals understand their bodies, practice safe behaviors, and develop healthy relationships Education plays a vital role in reducing unintended pregnancies, preventing infections, and challenging harmful gender norms Without proper education, individuals become vulnerable to misinformation, coercion, and risky behaviors that compromise health and wellbeing.
Advancing SRHR requires addressing deeply rooted societal, legal, and economic barriers, particularly those stemming from gender inequality Restrictive policies often limit access to reproductive healthcare, especially for women and marginalized groups Effective advocacy and policy reform are essential to ensure individuals can make reproductive choices, access services, and live free from discrimination and coercion.
Maternal and newborn health optimization represents a core focus of SRHR, aimed at reducing mortality and improving outcomes for mothers and infants.
The necessity and significance of law on sexual and reproductive health
1.2 The necessity and significance of law on sexual and reproductive health and rights
The law plays a crucial role in promoting, protecting, and guaranteeing SRHR by establishing legal frameworks that ensure individuals can exercise their rights to sexual health and reproductive autonomy National laws are the foundation for implementing SRHR-related programs and services, providing guarantees and limitations that shape public health outcomes® When aligned with international human rights standards, these legal structures promote sexual health across different populations, ensuring that fundamental rights are upheld.
Legal systems align with human rights standards to promote sexual health by providing legal guarantees and frameworks for implementing SRHR policies and services Some states embed SRHR protections in their constitutions, such as South Africa’s Constitution, which guarantees access to reproductive health services By enshrining these rights in law, governments create enforceable commitments to Š Ferguson L, Anderson ME, Liang M, et al (2024) “Why a good law is not always good enough: a global review of restrictions to supportive laws for sexual and reproductive health and rights”, BMJ Global Health, p.1-10 Link:https://gh.bmj.com/content/9/2/e014100 expand reproductive healthcare and ensure individuals can exercise their rights effectively.
Supportive legal frameworks are essential for ensuring access to SRHR services, including comprehensive sexuality education that enhances knowledge of sexual health protection Removing legal barriers, such as third-party authorization requirements or criminalization of consensual sexual behavior, has been linked to positive health outcomes, including lower STI rates and fewer unintended pregnancies Conversely, restrictive laws discourage individuals from seeking necessary information and services, highlighting the need for legal environments that empower informed reproductive health decisions.
Legal instruments play a crucial role in combating discrimination, as inequality is closely linked to poor sexual health outcomes Discriminatory policies disproportionately affect marginalized communities, including women, LGBTQ+ individuals, and those from lower socioeconomic backgrounds States must revise laws to prevent direct and indirect discrimination, aligning with international human rights treaties such as CEDAW Additionally, transparent legal mechanisms ensure accountability, requiring states to comply with treaty obligations and provide remedies for SRHR violations, reinforcing governmental responsibility to uphold reproductive health rights.
Legal systems provide multiple avenues for redress when violations of SRHR occur, including administrative complaints mechanisms within healthcare regulatory bodies, civil litigation for damages, and criminal prosecution in cases of deliberate violations involving violence or coercion Some jurisdictions have specialized bodies dedicated to investigating reproductive rights violations Preventive legal protections also play a crucial role, with anti-discrimination provisions ensuring equal access to care, conscience clause regulations balancing provider beliefs with patient needs, and public education mandates promoting awareness of reproductive health rights and options.
By establishing legal protections, ensuring access to information and services, addressing discrimination, and promoting accountability, laws serve as essential instruments in advancing SRHR High-priority legal and policy reforms must focus on eliminating discriminatory practices, expanding healthcare access, and reinforcing human rights protections Comprehensive legal frameworks that upholdSRHR not only enhance individual health outcomes but also contribute to broader social and economic development by ensuring that all people can exercise their reproductive rights free from coercion, discrimination, or violence.
The fundamentals of law on sexual and reproductive health and rights 13
1.3.1 The objectives of law on sexual and reproductive health and rights
Law concerning SRHR serve as essential frameworks that define, regulate, and enforce the rights of individuals concerning their sexual and reproductive health. These frameworks ensure that governments, healthcare providers, legal institutions, and other relevant stakeholders uphold their responsibilities in protecting and promoting these rights The objective of such legal documents extends beyond the recognition of reproductive rights to the establishment of clear legal structures that provide access to healthcare, safeguard autonomy, and create mechanisms for accountability.
One of the primary objectives of SRHR legal frameworks is to establish governmental responsibility in ensuring that sexual and reproductive healthcare services are accessible, equitable, and non-discriminatory Governments must create policies that align with international human rights treaties such as the CEDAW and the International Conference on Population and Development Programme (ICPD) ofAction These legal documents obligate states to integrate reproductive health services into public healthcare systems, ensuring access to contraception, maternal health services, and safe abortion where legally permitted’ They also require governments to take proactive measures in addressing disparities in access to reproductive healthcare, particularly among marginalized groups.
Another significant objective of legal frameworks on SRHR is to regulate healthcare providers and service delivery to ensure that medical professionals adhere to ethical and legal standards These laws establish guidelines that healthcare providers must follow, including the necessity of informed consent, patient confidentiality, and the provision of services without discrimination Legal provisions define the rights of individuals seeking reproductive healthcare and create mechanisms to prevent harmful practices such as forced sterilization, unsafe abortion, and denial of services based on personal or religious beliefs By setting these legal standards, SRHR frameworks help create healthcare environments that prioritize the dignity and rights of patients.
SRHR legal documents also aim to protect individuals’ autonomy and bodily integrity by recognizing and upholding their rights to make decisions about their reproductive health These laws explicitly prohibit practices that violate bodily autonomy, including gender-based violence, child marriage, female genital mutilation, and reproductive coercion’ The recognition of reproductive rights as fundamental human rights ensures that individuals, particularly women and gender minorities, are empowered to make informed choices about their sexual and reproductive lives without fear of coercion, stigma, or legal repercussions.
Access to justice is another core objective of SRHR legal frameworks These documents establish legal remedies for individuals who experience violations of their
T 13/02/2025, United Nations Population Fund (UNFPA) (1994), JCPD Programme ofAction Link: https:/Avww.unfpa.org/sites/default/files/event-pdf/PoA_en.pdf, last access: 15/02/2025 Š 13/02/2025, UN Women, 2012, Handbook on Legislation on Violence Against Women Link: hitps://Awww.unwomen.org/sites/default/files/Headquarters/A ttachments/Sections/Library/Publications/2012/12/UNW_Legislation-Handbook%20pdf.pdf, last access: 17/02/2025 reproductive rights Courts and legal institutions play a crucial role in interpreting and enforcing these laws, providing avenues for individuals to challenge unfair policies, discrimination, and denial of healthcare’ Legal mechanisms such as protection orders, criminal penalties, and anti-discrimination laws ensure that reproductive rights violations are addressed and that those responsible for such violations are held accountable.
Comprehensive sexuality education is also a central aspect of SRHR legal frameworks These documents often mandate educational institutions to provide scientifically accurate and age-appropriate information on human reproduction, contraception, consent, and sexually transmitted infections The legal recognition of sexuality education as a right ensures that young people are equipped with the knowledge necessary to make informed decisions about their health and relationships Countries that have implemented strong legal mandates for comprehensive sexuality education have seen improved health outcomes, lower rates of unintended pregnancies, and greater gender equality.
At the international level, SRHR legal frameworks serve to align national laws with global human rights standards International organizations such as the United Nations (UN) and the World Health Organization (WHO) monitor the implementation of these laws and guide to ensure compliance with human rights commitments These legal documents require governments to report on progress and challenges in achieving reproductive rights, allowing for international oversight and accountability By integrating international human rights principles into national legislation, SRHR frameworks help ensure that reproductive rights are protected globally.
? 13/02/2025, Center for Reproductive Rights, 2021, The Worldằ Abortion Laws Link: https://reproductiverights.org/maps/worlds-abortion-laws/, last access: 17/02/2025
The objective of SRHR legal tools is not only to codify reproductive rights but also to create an enforceable structure that holds governments and institutions accountable for their implementation By establishing legal obligations for various stakeholders, these documents ensure that sexual and reproductive rights are recognized, respected, and effectively upheld They contribute to the creation of equitable healthcare systems, promote bodily autonomy, and provide avenues for individuals to seek justice in cases of rights violations Through these legal mechanisms, SRHR frameworks play a critical role in advancing public health, gender equality, and human rights worldwide.
1.3.2 The principles of law on sexual and reproductive health and rights
The principles of law on SRHR are established through international treaties and global standards that recognize reproductive rights as fundamental human rights. These principles are designed to ensure that individuals can exercise autonomy over their bodies, access necessary healthcare services, and be free from discrimination and coercion The legal framework for SRHR is grounded in international human rights law, as defined by treaties, conventions, and recommendations from authoritative bodies such as the UN, the WHO, and international human rights courts.
One of the core principles of SRHR law is the right to bodily autonomy and integrity This principle is enshrined in the Universal Declaration of Human Rights, which establishes the right to security of persons and freedom from degrading treatment!° The ICCPR reinforces this principle by recognizing the right to privacy, which includes the ability to make decisions about one’s reproductive health!! The
'0 United Nations ( 1948), Universal Declaration ofHuman Rights, United Nations General Assembly, link: hitps://Awww.un.org/en/udhrbook/pdf/udhr_booklet_en_web.pdf
!! United Nations (1966), International Covenant on Civil and Political Rights, United Nations Treaty Series, p 17-
19, link: https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political- rights
CEDAW has also affirmed that forced sterilization and denial of reproductive health services violate international human rights law!”.
The right to access sexual and reproductive healthcare services is another fundamental principle recognized under international law The International Covenant on Economic, Social and Cultural Rights (ICESCR) guarantees the right to the highest attainable standard of health, which includes reproductive healthcare!®.
The Programme of Action from the ICPD outlines state obligations to ensure universal access to reproductive health services, including contraception, maternity care, and safe abortion where permitted by law!, The WHO has emphasized that comprehensive reproductive healthcare must be available, accessible, and of high quality, ensuring that individuals receive evidence-based medical services without unnecessary restrictions)’.
The principle of non-discrimination and equality is central to SRHR law, ensuring that all individuals can access reproductive healthcare services without facing discrimination based on gender, marital status, disability, economic status, or other factors The CEDAW explicitly requires states to eliminate discrimination in healthcare and guarantee access to family planning services The Convention on the Rights of Persons with Disabilities (CRPD) further ensures that individuals with disabilities have equal access to reproductive healthcare services and are protected
'2 Committee on the Elimination of Discrimination Against Women ( 2017), “General Recommendation No 35 on
Gender-Based Violence Against Women”, CEDAW Reports, p 8-12, link: https://digitallibrary.un.org/record/1305057?ln=en&v=pdf
'3 United Nations, 1966, International Covenant on Economic, Social and Cultural Rights, United Nations Treaty
Series, pp 10-14, link: https://(www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant- economic-social-and-cultural-rights
'4 United Nations Population Fund (UNFPA), 1994, Programme ofAction of the International Conference on
Population and Development, UNFPA Publications, p 22-30, link: hittps://www.un.org/development/desa/pd/sites/www.un.org.development.desa.pd/files/files/documents/2020/Jan/un
1995 programme of action adopted _at_ the international conference on population and development cairo 5- 13_sept 1994.pdf
'S World Health Organization, 2014, Ensuring Human Rights in the Provision of Contraceptive Information and
Services, WHO Publications, p 5-10, link: https://iris who.int/bitstream/handle/10665/102539/9789241506748 eng.pdf?sequence=1 from forced medical procedures!* The United Nations Human Rights Committee
(UNHCR) has ruled that restrictive reproductive health laws disproportionately harm women and violate the principle of non-discrimination”.
Another essential principle is the right to information and education The right to access accurate and comprehensive information on sexual and reproductive health is affirmed by the Convention on the Rights of the Child, which mandates that children and adolescents receive appropriate health education to make informed decisions about their bodies and relationships'® The United Nations Educational,
Scientific and Cultural Organization (UNESCO) has issued international guidelines for comprehensive sexuality education, highlighting the importance of science-based and rights-based education to reduce unintended pregnancies and sexually transmitted infections!’ The Beijing Declaration and Platform for Action also recognize access to reproductive health education as a critical factor in achieving gender equality and women’s empowerment”.