GENERAL ISSUES OF VULNERABLE GROUPS
Currently, there is no unified definition of vulnerable groups in the world. The phrase “vulnerable groups” is an open concept with different names such as: weaker groups, disadvantaged groups, minority groups, etc. However, the common and often used term is “vulnerable groups”. According to some experts, the phrase “vulnerable groups” is used to refer to groups and communities of people “with lower socio-political or economic status”, which puts them at higher risk of being violated in terms of rights and therefore, they need special attention and protection compared to other groups and communities . In different countries, the scope of groups of people identified as vulnerable is also different; In general, it is quite broad, including: women, children, people with disabilities, people living with HIV or victims of AIDS, people displaced or seeking asylum, stateless people, migrant workers, minorities (ethnic, racial, religious, etc.), indigenous people, victims of war, people deprived of liberty, the elderly; homosexual, bisexual or transgender people , etc.
In Vietnam, the phrase “vulnerable group” is not used much in legal documents. The Law on Natural Disaster Prevention and Control 2013 defines: “ Vulnerable groups are groups of people whose characteristics and circumstances make them more likely to suffer adverse impacts from natural disasters than other groups in the community. Vulnerable groups include children, the elderly, pregnant women or women raising children under 12 months old, people with disabilities, people with serious illnesses and the poor ”. This concept is interpreted quite narrowly in the scope of natural disaster prevention and control, so it only applies to people who suffer more adverse impacts from natural disasters than other groups in the community.
In general, vulnerable groups are groups or communities of people with lower status, which makes them need special protection compared to other groups or communities of people.
The rights of vulnerable groups constitute an important part of international human rights law. Many international human rights instruments (including international treaties) adopted by the United Nations after the two fundamental covenants on civil and political rights and economic, social and cultural rights in 1966 codify the specific rights of vulnerable groups. More recently, under Article IV of the United Nations Millennium Declaration of 2000 on the Protection of Vulnerable Groups, it is stipulated that we shall make every effort to ensure that children and communities suffering the most severe consequences of natural disasters, genocide, armed conflicts and other humanitarian emergencies receive all possible assistance and protection so that they can resume normal life as soon as possible.
In this document, vulnerable groups include: people with disabilities; ethnic minorities; victims of domestic violence.
Section 1. PERSONS WITH DISABILITIES
1. Concept of disabled people
According to the WHO Global report on health equity for persons with disabilities (2022), disability is part of being human and is integral to the human experience. It results from the interaction between the health condition and/or impairment a person experiences, such as dementia, blindness or spinal cord injury, and a range of objective/contextual factors related to different environments and individual factors such as social attitudes, access to infrastructure, discriminatory policies, age or gender.
There are many different concepts of people with disabilities. Article 1 of the Convention on the Rights of Persons with Disabilities 2006, persons with disabilities (PWD) include those who have long-term physical, mental, intellectual or sensory impairments which, in interaction with various barriers, may hinder their full and effective participation in society on an equal basis with others . The 2010 Law on Persons with Disabilities of Vietnam introduces the concept of people with disabilities, specifically as follows: a person with disabilities is a person with one or more body parts or functional impairments manifested in the form of disabilities that make work, daily life and study difficult .
The intersection of disability with factors such as gender, age, sexuality, religion, race, ethnicity, and economic circumstances also influences the experiences and participation of people with disabilities. Although disability is often correlated with những disadvantage, not all people with disabilities are disadvantaged in the same way. For example, people with disabilities who are women, children, or older people often experience gender- or age-related disadvantages, which manifest in discrimination, limited access to health care, or forms of violence. People with disabilities who reside in rural or remote areas often have more difficulties and disadvantages in accessing services and supports than people with disabilities who reside in urban areas.
2. Number of people with disabilities and discrimination against people with disabilities
2.1. Number of people with disabilities
As of 2021, there were approximately 1.3 billion people with disabilities in the world (about 16% of the population). This number has increased significantly over the past decade due to demographic and epidemiological changes such as population growth and the increase in the number of people with non-communicable diseases or population aging .
In Vietnam, by 2023, the whole country has about 7 million people with disabilities, accounting for more than 7.06% of the population , of which 1.6 million people with severe and especially severe disabilities (28.9%); PWDs from poor households (10%); 342,329 families and individuals taking care of social protection beneficiaries in the community receive monthly social benefits . By the end of 2023, over 3 million PWDs have been granted disability certificates .
2.2. Stigma and discrimination against people with disabilities
People with disabilities have the same needs and rights as people without disabilities, including civil, political, economic, social and cultural rights. However, many people with disabilities are subject to violations of their rights, including violence, abuse, prejudice and disrespect, and other forms of discrimination based on age and gender. People with disabilities also face barriers, stigma and discrimination when accessing health-related policies and services.
Disability discrimination is an attitude of contempt or disrespect toward a person with a disability because of that person's disability. Discrimination against people with disabilities is prohibited by law.
Disability discrimination is the act of shunning, refusing, mistreating, defaming, prejudice against or restricting the rights of a person with a disability because of that person's disability.
Here are some common manifestations of discrimination :
● Discriminatory language : using language or words that discriminate or insult another person based on their personal characteristics. For example: “disabled”, “wanderer”, “lame”, “blind”…
● Denial of access : refusing to provide services, employment opportunities, education, housing or other benefits to an individual or group of people based on their personal characteristics. For example, refusing to hire or appoint a person because of their disability.
● Restricting access : establishing policies or taking actions that intentionally limit or prevent the rights, opportunities, and access of one group of people compared to others. For example, establishing discriminatory hiring practices or limiting the right to social benefits because of disability.
● Unfair treatment : unfair, unjust, or unjust treatment of a group of people based on their characteristics. For example, paying them less for the same job, not rewarding them, or being treated unfairly in the loan approval process, or distributing resources unfairly because of their disability.
● Bullying and discrimination : bullying behavior is insulting, intimidating, or discriminatory behavior against a person or group of people based on their personal characteristics.
Women and girls with disabilities face many barriers. Research shows that women with disabilities also experience physical and sexual violence at higher rates than women without disabilities, with rates of 33% versus 25.3%, respectively .
3. Disability level
In Vietnam, people with disabilities are classified into different levels of disability (according to Article 3 of Decree No. 28/2012/ND-CP dated April 10, 2012 detailing and guiding the implementation of the Law on People with Disabilities), accordingly, the levels of disability include:
1. People with especially severe disabilities;
2. People with severe disabilities;
3. People with mild disabilities.
Specifically as follows :
4. Type of disability
People with disabilities are classified into different types of disabilities (according to the provisions of Article 2 of Decree No. 28/2012/ND-CP dated April 10, 2012 detailing and guiding the implementation of the Law on People with Disabilities), including: 1. Motor disabilities; 2. Hearing and speaking disabilities; 3. Visual disabilities; 4. Intellectual disabilities; 5. Neurological and mental disabilities; 6. Other disabilities. Specifically as follows:
* Characteristics and signs of each type of disability:
Visual impairment
Characteristics : These are people with eye defects that make them unable to see or see unclearly. People with visual disabilities usually have two very developed senses: hearing and touch. For people with visual disabilities, mobility aids are a white cane or a regular cane, Braille, smart assistive devices, convenient and easily recognizable paths, etc. For people with poor vision, the necessary environment for them is to ensure enough light, use contrasting colors, be reasonable in daily life and other activities, and provide image magnifying devices.
Signs : People with visual impairment have one of the following signs : blindness in one or both eyes; lack of one or both eyes; difficulty seeing or not seeing objects; difficulty distinguishing colors; eye tremors, eye cataracts or corneal ulcers; deformities or deformities in the eye area; conclusion from a provincial-level or higher medical facility on impaired vision.
Hearing and speech disabilities
Characteristics : People with hearing and speaking disabilities have significant difficulties in speaking and listening, leading to limitations in reading and writing, which in turn leads to limitations in daily life, work, study, and community integration. To make the process of communication and receiving information from the community easier, they need to use assistive devices (hearing aids) and sign language ký in general communication. However, the use of sign language ký only helps them to some extent, because not everyone knows sign language ký and the expressive function of sign language ký is still limited, and cannot fully reflect the nature and extent of life activities like speech or writing. This makes the process of guiding people with hearing and speaking disabilities to use conventional writing difficult.
Signs: no sound or speech; sound or speech but unclear; inability to hear; defect or deformity of the vocal organs affecting pronunciation; defect or deformity of the auricle or external auditory canal affecting hearing; conclusion from a provincial-level or higher medical facility on hearing and speech impairment.
Intellectual disability
Characteristic :
– Below average intellectual functioning (intelligence quotient near or below 70 on an individual test);
– Deficits or impairments in at least two of the following adaptive behaviors: communication, self-care, home living, social/personal skills, use of community resources, self-direction, academic skills, work, leisure, health and safety;
– Disability appears before age 18.
Token :
⮚ Difficulty recognizing family members or difficulty communicating with people around them compared to people of the same age.
⮚ Slow, clumsy, or unable to do a simple task (for age) despite instructions.
⮚ Difficulty in reading, writing, math, and other academic skills compared with people of the same age due to mental retardation.
⮚ Or have a conclusion from a provincial or higher level medical facility on mental retardation. Neurological and mental disabilities
Characteristics : People with mental and neurological disabilities may have lost or have limited civil capacity. In most cases, they cannot perceive their actions and cannot control them. However, at some times, people with disabilities who have lost some civil capacity are still conscious and aware of their actions.
Token:
⮚ For children under 6 years old : mental disability is determined when the child has one of the following symptoms: frequent seizures (may be due to epilepsy or not); oppositional behaviors (disobedience, breaking things, running out of the house, attacking others, making oneself vomit, etc.); self-destructive behaviors: self-scratching, head-banging, hair-pulling, hand-biting, etc.; self-stimulating behaviors: putting hands in mouth, ear-picking, screaming loudly, nodding, body-shaking, etc.; the child is often irritable or has a conclusion from a provincial-level medical facility or higher about neurological, mental, or schizophrenia.
⮚ For people aged 6 years or older , the Council determines the form of neurological or mental disability when there is one of the following manifestations: often sitting alone, playing alone, never talking or caring about anyone; having abnormal behaviors such as agitation, anger or unreasonable fear that affects the health and safety of oneself and others; suddenly stopping all activities, eyes wide open without blinking, twitching of limbs, lips, face or suddenly falling down, convulsions, foaming at the mouth, not knowing when called; having memory loss, running away from home; having a conclusion from a medical facility at provincial level or higher on neurological, mental impairment, schizophrenia.
People with mobility disabilities
Characteristics: People with motor disabilities are those whose motor organs are damaged. The obvious symptoms are difficulty in walking, standing, lying down, sitting, holding, grasping objects, etc. They face many difficulties in personal activities, playing, studying and working. Therefore, people with motor disabilities need support in means of transportation and especially necessary, convenient and suitable space for moving.
Token:
⮚ Young children may not be able to breastfeed because they cannot perform the sucking motion; when held, their head is arched back, their tongue sticks out when the mother puts the nipple in their mouth, they often cry and refuse to play. Children rarely or do not use their hands, rarely or do not move from one place to another, are less active, do not want to play, often sit alone, and cannot take care of themselves. Especially for children with stiff joints, limbs or the whole body; children with flaccidity of one or more muscle groups or the whole body, children with dislocated hips; children with naughty feet (one or two feet)...
⮚ Adults often have little or no use of their arms and legs, have difficulty moving, have joint pain, cannot eat, drink, bathe, wash, urinate or defecate, or do personal hygiene; and cannot participate in daily activities of the family, community and society. Other disabilities
Other types of disabilities such as: people with emotional behavioral disorders, people with autism, people with language disorders...
Token:
⮚ There is a conclusion from a provincial-level or higher medical facility about numbness, loss of sensation in the hands and feet or any body abnormality that reduces the ability to perform activities; work; read, write, calculate and other learning skills; daily activities or communication;
⮚ There is a conclusion from a provincial-level or higher medical facility about respiratory disease or cardiovascular disease or bowel or bladder disorders despite continuous treatment for more than 3 months, reducing the ability to perform activities; work; read, write, calculate and other learning skills; daily activities or communication;
⮚ There is a conclusion from a provincial or higher level medical facility on autism spectrum disorder or rare diseases.
Section 2. Ethnic minorities
1. Concept
“ Ethnic minorities ” are ethnic groups with a smaller population than the majority ethnic group within the territory of Vietnam. “ Very small ethnic minorities ” are ethnic groups with a population of less than 10,000 people. Thus, currently the Kinh ethnic group accounts for 85.3% of the population, the rest are ethnic minorities.
“ Ethnic minorities with special difficulties ” are ethnic groups with especially difficult socio-economic conditions according to the following three criteria:
a) The rate of poor households in villages and hamlets accounts for over 50% of the national rate of poor households;
b) Development indicators of education and training, public health and population quality are below 30% compared to the national average;
c) Low-quality essential technical infrastructure, only meeting the minimum level of serving people's lives. .
2. Current status of ethnic minority population
According to the 2019 ethnic minority survey conducted by the General Statistics Office in coordination with the Ethnic Committee, as of April 1, 2019, the population of 53 ethnic minorities was 14,119,256 people, accounting for 14.7% of the total population of the country. The number of ethnic minority households was 3,680,943, accounting for 13.7% of the total number of households in the country.
The number of poor and near-poor ethnic minority households accounts for 35.5%. Most ethnic minority households live in rural areas, accounting for 86.2%. Ethnic minorities often reside in the midlands and highlands in the North (7,037,246 people), the Central Highlands (2,199,784 people), the North Central and Central Coast (2,075,922 people). In terms of population size, there are some ethnic groups with a population of over 1 million people such as: Tay, Thai, Muong, Khmer, Hmong. There are 14 ethnic groups with a population of over 100,000 people; 34 ethnic groups have a population of under 100,000 people.
Ethnic minority women number 7,045,349 people, accounting for 49.6% of ethnic minorities nationwide.
The rate of early marriage among ethnic minority women is 23.5%, higher than that of ethnic minority men (20.1%). The rate of ethnic minority women who can read and write is 75.1%, lower than that of ethnic minority men (86.7%).
Currently, many ethnic minority people, including women, access and enjoy basic social services at a lower level than the national average: data shows that more than 21% of ethnic minorities over 15 years old cannot read or write Vietnamese fluently; about 30% of ethnic minority students have not attended school at the right age; Access to health services is still difficult. Difficulties, the rate of health insurance cards is high but the rate of medical examination and treatment is low, the rate of home birth is 36.3%, malnourished children is 32%.
3. Some common characteristics of ethnic minorities
- Ethnic minorities in remote areas, areas with especially difficult socio-economic conditions are often influenced and behave, and resolve social relations mainly according to the cultural traditions, customs and practices of each ethnic group, each region and area;
- Some people have not fully enjoyed the right to information about the law; have not proactively sought to learn and study the law; their ability to perceive and understand the law is uneven;
- High sense of community solidarity, hard work and optimism in life. A lifestyle that values people, emotions, ethics, family, honor, reputation and the elderly.
- The main living areas are concentrated in mountainous and remote areas and most of them live in rural, mountainous and border areas. The geographical location of many ways to live makes the infrastructure and basic public services such as education and health care still limited, affecting the socio-economic life of ethnic minorities as well as the level of education and legal knowledge of the people.
- Having extensive kinship relationships affects the communication, behavior and law compliance of ethnic minorities.
- The role of village elders, village chiefs, clan chiefs, and prestigious people in the community is respected and revered.
- In border areas, ethnic minorities between two border countries often have close, intimate relationships through marriage and clan relationships, so they are influenced by some customs and laws of the two countries.
- The socio-economic life of ethnic minorities in remote areas and areas with particularly difficult socio-economic conditions still faces many difficulties; high poverty levels affect the effectiveness of people's compliance with the law.
Section 3. Victims of domestic violence
1. Concept
Family is the place to nurture and educate, live, share rights and obligations of family members. Violence will be one of the risks that turn the family into "hell on earth". No matter where, in any circumstance, domestic violence not only leaves physical and mental consequences but also economic and social ones. It is a burning issue that attracts special attention from public opinion and society. Domestic violence erodes the values, norms, and good traditions of the nation, destroying the stability of the family.
“ Domestic violence is an intentional act by a family member that causes or has the potential to cause physical, mental, sexual, or economic harm to another family member . ”
Domestic violence is often divided into four types: physical violence, mental violence, economic violence and sexual violence.
2. Characteristics and reality of domestic violence
2.1. Some characteristics of domestic violence
Firstly, domestic violence occurs between family members or people who used to have a family relationship based on blood, marriage or foster relationship. Specifically, it is the relationship between grandparents and grandchildren; father, mother and children; husband and wife; brothers and sisters;..
Second , domestic violence is difficult to detect. Victims of domestic violence, mainly women and children, often have a resigned attitude, do not want to report, do not want to "show their backs", and consider this problem a private family matter.
Third, domestic violence occurs in many different forms, it can be physical violence, sexual violence, mental violence or economic violence. Violent acts are committed over a long period of time, repeatedly with different levels.
Fourth , the consequences of domestic violence caused or threatened to cause are quite diverse, it can be material damage (life, health, property, income...) but can also be spiritual damage (dignity, honor, emotions, psychological trauma...).
Fifth , acts of domestic violence are rarely defined as independent crimes but are often defined as part of many crimes, for example: in crimes against human life, health, dignity, honor or crimes against the marriage and family regime... except for the act of "abusing or torturing grandparents, parents, spouses, children, grandchildren or people who have raised you" which constitutes a crime defined in Article 185 of the 2015 Penal Code.
2.2. Current situation
A report published by the World Health Organization (WHO) has pointed out a worrying fact that violence against women is still widespread in the world. According to the results of a 2017 survey, up to 30% of women have experienced physical or sexual violence by their husbands or intimate partners; 7% of women have been sexually assaulted by others, and about 10 million children are abused every day . The COVID-19 pandemic has made violence against women and children even more serious due to confinement measures and interruptions of essential support services.
According to the 2019 Violence in Vietnam study, two in three women (63%) experienced one or more types of violence by a husband (or intimate partner) in their lifetime and 32% experienced current violence (in the past 12 months), including: physical violence, sexual violence, psychological violence (including emotional violence and controlling behavior) and economic violence. Women are more likely to experience violence from a husband than from anyone else. Women with disabilities experience more violence from a husband than women without disabilities. According to the report, half of women who experienced physical and/or sexual violence from a husband/partner did not tell anyone about it and most women (90.4%) who experienced violence from a husband/partner did not seek any help. Only one in 10 women (9.6%) sought help from formal service providers or authorities and only 4.8% sought help from the police.
According to an investigation by the National Assembly's Committee on Social Affairs, during the Covid-19 pandemic, when the whole country was in social isolation, the hotline to respond to gender-based violence received 347 calls from women in need of support, a 7-fold increase compared to the same period in 2019. The consultation room received 511 people for direct consultation, an increase of 48%; 72 women came to "peace houses" in Hanoi and Can Tho during this time, an increase of 80% compared to the same period in 2019.
3. Causes of domestic violence and consequences of domestic violence
3.1. Causes of domestic violence
- Domestic violence due to alcohol and drugs: for example, the husband is addicted to alcohol or drunkenness accounts for up to 60% .
- Difficult family economic conditions: Couples who struggle to make a living often have nervous tension , conflicts between them easily arise , leading to domestic violence and often the economic burden falls on one person, they resort to violence against their partner as a way to relieve it.
- Influenced by feudal ideology: Many people today still have strong gender prejudices and male superiority. Many people are shy and do not dare to fight against gender inequality and domestic violence, afraid of being ridiculed by friends, neighbors, and public opinion, so they often think 'closed doors and protect each other'.
- Due to low education level and lack of understanding: Low cultural and intellectual level, limited understanding of the law of some people in remote areas, poor rural areas... makes the problem of violence happen frequently.
- The impact of outside society: The intervention, impact, condemnation, and struggle of the community, neighbors, and local authorities on the issue of domestic violence are not frequent. Many people consider it a "private family matter", "not their business".
3.2. Consequences of domestic violence
Domestic violence is an illegal act that violates the honor, dignity, health, and life of family members. The consequences of domestic violence are often as follows:
Firstly , domestic violence in any form leaves negative impacts on the physical and mental health of not only the victim but also other family members.
Second, domestic violence has a negative impact on the workforce and thus also impacts local economic activities in particular and society in general.
Third, domestic violence often places a burden on the social protection system: Domestic violence places demands on the national social protection system to assist and protect its victims, especially women and children. For example, to protect the victims, it is necessary to build a system of shelters for them, provide them with essential supplies, etc.
Fourth, domestic violence places a heavy burden on the education system. For example, students who are direct victims or witness family members being victims of domestic violence will be affected psychologically and academically, and in some cases, even drop out of school.
Fifth, domestic violence also places a burden on the judicial system. Because the laws of most countries in the world currently classify forms of domestic violence (in different scopes and levels) as violations of the law, and therefore, whenever acts of domestic violence occur, judicial agencies will have to "intervene" to investigate, prosecute, try or handle administratively according to their authority.
4. Characteristic characteristics of victims of violence and of perpetrators of domestic violence
Characteristic of
victims of violence Common personality traits of perpetrators of violence
in the family
1. Being fearful without a specific cause, feeling uncomfortable in life, being timid or fearful without reason, always in a state of "walking on eggshells". 1. Often use violence or have thoughts of using violence when solving problems that arise in life.
2. Difficulty making friends, few friends, unhealthy relationships or very few relationships, unable to join any organization or group. 2. Not admitting what you did: Blaming others, minimizing your mistakes, or not admitting your mistakes, denying your true motives and actions. Lying, behaving like a child.
3. Less happy, often sad for no reason. 3. Want to control and restrain others. Always calculate and prepare before acting.
4. Accept and put up with unreasonable things. 4. Lack of self-confidence, fear of others' perception and judgment.
5. Lack of confidence, lack of self-respect and self-love. 5. Domineering, patriarchal, imposing, conservative, not accepting other people's opinions. Always feel the need to protect one's position, no matter what.
6. Not admitting, or blaming, unjustly blaming yourself for the actions of others, not admitting the reality of the problem. Often lying. 6. Easily angered, unable to control emotions, moody, critical, and demanding of others.
7. Need to depend on others, fear of being abandoned.
7. Have psychological or mental problems or have suffered some trauma in the past. Hurt people will hurt others. The perpetrator himself has physical and mental wounds.
8. Have a history of violence or have been violent towards others.